Current through Register Vol. 56, No. 24, December 18, 2024
(a) Except as
provided in (i) below, the person responsible for conducting the remediation
that is subject to
N.J.A.C.
7:26C-2.3 shall submit the applicable annual
remediation fee to the Department pursuant to this section.
1. A person subject to this section shall pay
a nonrefundable annual remediation fee, which shall be the sum of the
applicable contaminated area of concern fee and the total contaminated media
fee. The person shall use the description of the categories at
N.J.A.C.
7:26C-4.2(b)4 to determine
the applicable contaminated area of concern category and the description of
contaminated media at
N.J.A.C.
7:26C-4.2(b)6 to determine
the number of contaminated media at the site.
2. Until the first day of the State fiscal
year following the Department's publication of the first Annual Site
Remediation Reform Act Program Fee Calculation Report in accordance with
N.J.A.C.
7:26C-4.2(c) , the person
responsible for conducting the remediation shall pay an annual remediation fee,
which shall be calculated by multiplying the number of contaminated media by $
1,400, and adding to the resultant dollar amount the fee listed at (a)2i
through iv below, for the applicable contaminated area of concern category as
determined pursuant to
N.J.A.C.
7:26C-4.2(b). Thereafter,
the person responsible for conducting the remediation shall pay the applicable
annual remediation fee indicated in the most recent Annual Site Remediation
Reform Act Program Fee Calculation Report:
| i. Category 1: | $ 450; |
| ii. Category 2: | $ 900; |
| iii. Category 3: | $ 5,000; and |
| iv. Category 4: | $ 9,500. |
3.
Except as provided in (a)4 and 7 below, each person responsible for conducting
the remediation shall submit the first annual remediation fee and a completed
Annual Remediation Fee Reporting form, found on the Department's website at
www.nj.gov/dep/srp/srra/forms, to
the address noted on the form upon the earliest of the following:
i. The submittal of a preliminary assessment
report;
ii. The submittal of a site
investigation report;
iii. The
submittal of the first remedial phase document; or
iv. Forty-five days after the date the person
responsible for conducting the remediation is required to submit the
notification required pursuant to
N.J.A.C.
7:26C-2.3(a)2.
4. The person responsible for
conducting the remediation who was conducting the remediation without a
licensed site remediation professional prior to May 7, 2012 and who is
continuing on or after that date to conduct the remediation using a licensed
site remediation professional shall submit the annual remediation fee, and the
appropriate form found on the Department's website at
www.nj.gov/dep/srp/srra/forms, as
follows:
i. The first annual remediation fee
shall be due on or before June 20, 2012, and the amount shall be based on the
county in which the site is located as indicated in lines 1 through 4 of Table
4-1 below, as follows:
(1) Each person whose
site is located in Hudson, Middlesex and Monmouth counties shall pay the amount
indicated on line 1 of Table 4-1 below;
(2) Each person whose site is located in
Atlantic, Hunterdon, Morris, Passaic and Union counties shall pay the amount
indicated on line 2 of Table 4-1 below;
(3) Each person whose site is located in Cape
May, Cumberland, Gloucester, Mercer, Ocean, Salem, Somerset, Sussex and Warren
counties or out-of-State shall pay the amount indicated on line 3 of Table 4-1
below; and
(4) Each person whose
site is located in Bergen, Burlington, Camden or Essex counties shall pay the
amount indicated on line 4 of Table 4-1 below;
ii. The second annual remediation fee:
(1) Shall be due based on the county in which
the site is located as indicated in lines 1 through 4 of Table 4-1 below, as
follows:
(A) On September 1, 2012 for each
person whose site is located in Hudson, Middlesex and Monmouth
counties;
(B) On December 1, 2012
for each person whose site is located in Atlantic, Hunterdon, Morris, Passaic
and Union counties;
(C) On March 1,
2013 for each person whose site is located in Cape May, Cumberland, Gloucester,
Mercer, Ocean, Salem, Somerset, Sussex and Warren counties or out-of-State;
and
(D) On June 1, 2013 for each
person whose site is located in Bergen, Burlington, Camden or Essex counties;
and
(2) Shall be the
full amount as indicated on line 4 of Table 4-1 below, irrespective of the
county in which the site is located;
iii. If the site is located in more than one
county, the date that the annual remediation fee is due shall be based on the
county that appears first in Table 4-1 below; and
iv. Where the columns in Table 4-1 specify
the following:
(1) Column I specifies the
county in which the site is located;
(2) Column II specifies the fee amount due
that all persons responsible for conducting the remediation who meet the
criteria in (a)4i shall pay, calculated as the pro-rated percentage of the
annual remediation fee based on the assigned anniversary month (for example, if
the assigned anniversary month is September, the pro-rated percentage is 25
percent, June to September);
(3)
Column III specifies the number of contaminated media at the site;
(4) Columns IV through VII specify the
specific dollar amount (rounded to the nearest dollar) the person responsible
for conducting the remediation owes based on category and number of
contaminated media at the site; and
(5) Column VIII specifies the date that the
second and subsequent annual remediation fee shall be due.
Table 4-1
Data in
image
5. For each subsequent year, the person
responsible for conducting the remediation shall pay an annual remediation fee
in response to a Department invoice as follows:
i. For a person paying the fee pursuant to
(a)3 above, on the anniversary date of the first year that the annual
remediation fee was required to be submitted; or
ii. For a person paying the fee pursuant to
(a)4 above, on the month and day indicated in Column VIII of Table 4-1
above.
6. If a person
responsible for conducting the remediation does not submit the initial annual
remediation fee pursuant to (a)3 or 4 above by the time the subsequent year's
annual remediation fee is due pursuant to (a)4 above, and does not provide the
Department with the number of contaminated areas of concern and number of
contaminated media as required in N.J.A.C. 7:26C-4.3(a)1, that person shall:
i. For each year the Department is not able
to calculate the annual remediation fee, pay the applicable Category 2 annual
remediation fee as amended annually pursuant to
N.J.A.C.
7:26C-4.2(c) until that
person provides the Department with the number of contaminated areas of concern
and number of contaminated media as required in N.J.A.C. 7:26C-4.3(a)1;
and
ii. On the anniversary date
subsequent to the year in which the information is provided, the person
responsible for conducting the remediation shall pay:
(1) The correct annual remediation fee for
the applicable category and number of contaminated media; and
(2) The difference between the correct annual
remediation fee for the applicable category and number of contaminated media
and the Category 2 fee for each year the Category 2 fee was paid.
7. Any governmental
entity that is not liable under N.J.S.A. 58:10-23.11g.d(4) shall pay an annual
remediation fee determined pursuant to
N.J.A.C.
7:26C-4.2(b) for any
12-month period during which the governmental entity performs any type of
remediation as defined pursuant to the Technical Requirements for Site
Remediation at
N.J.A.C.
7:26E-1.8, within 45 days of commencing
remediation pursuant to the following:
i. The
date on which the governmental entity pays the first annual remediation fee
becomes that governmental entity's anniversary date on which each subsequent
annual remediation fee shall be due;
ii. If the governmental entity determines to
stop remediation for any reason, the governmental entity shall notify the
Department 90 days prior to the governmental entity's anniversary date and
shall not be required to pay subsequent annual remediation fees until such time
as the governmental entity determines to resume remediation; and
iii. When the governmental entity determines
to resume remediation, the governmental entity shall notify the Department, and
shall determine the annual remediation fee pursuant to
N.J.A.C.
7:26C-4.2(b); the date of
this notification shall become the governmental entity's new anniversary
date.
(b)
Except as provided in (c) below, the person responsible for conducting the
remediation shall identify all contaminated areas of concern individually and
shall not combine contaminated areas of concern or contaminated media for the
purpose of determining the amount of the annual remediation fee.
(c) Where a governmental entity, or a
non-profit organization that meets the definition set forth at
26 U.S.C.
§
501(c)3, is
the person responsible for conducting the remediation of a brownfield
development area, the person responsible for conducting the remediation shall
pay an annual remediation fee in an amount that equals the sum of the
applicable contaminated site fee and the total contaminated media fee as may be
amended pursuant to
N.J.A.C.
7:26C-4.2(c) except that,
regardless of the number of sites within each brownfield development area:
1. The entire brownfield development area may
be considered as a single contaminated site; and
2. The total contaminated media fee shall be
calculated by determining the number of contaminated media, listed at
N.J.A.C.
7:26C-4.2(b)6 i through
iii, that are present across the entire brownfield development area, rather
than for each site within the brownfield development area.
(d) The person responsible for conducting the
remediation that receives a response action outcome for a contaminated area of
concern or a contaminated medium, but other contaminated areas of concern or
contaminated media remain at the site, may request an adjusted annual
remediation fee by submitting a new form, found on the Department's website at
www.nj.gov/dep/srp/srra/forms, at
least 90 days prior to the annual remediation fee anniversary date described at
(a)5 above. Information to be supplied by filling out the form includes:
1. The site name and location;
2. Information concerning a fee billing
contact;
3. The applicable category
fee and the subtotal category fee;
4. The applicable contaminated media fee(s),
the subtotal of the contaminated media fee(s) and the total fee paid which is
the sum of the category fee and the applicable contaminated media
fee(s);
5. A list of the
contaminated areas of concern;
6.
The name and contact information for the person responsible for conducting the
remediation and the Licensed Site Remediation Professional remediating the
site; and
7. The signatures and
certifications of the person responsible for conducting the remediation and the
Licensed Site Remediation Professional.
(e) The person responsible for conducting the
remediation that discovers any additional contaminated areas of concern or
contaminated media shall submit a new annual remediation fee and a form, as
described in (d) above, found on the Department's website at
www.nj.gov/dep/srp/srra/forms, at
least 90 days prior to the annual remediation fee anniversary date described at
(a)5 above. If the Department determines that any additional contaminated areas
of concern are present at a site, the Department shall increase the next annual
remediation fee, if the new total number of contaminated areas of concern
changes the fee category in (b)3 above. If the Department determines that any
additional contaminated media are present at a site, the Department shall
increase the next annual remediation fee for each additional contaminated
medium listed at
N.J.A.C.
7:26C-4.2(b)6.
(f) The person responsible for conducting the
remediation shall continue to pay an annual remediation fee to the Department
until a final remediation document is on file for all of the contaminated areas
of concern and contaminated media at the site with the Department.
(g) When a portion or a condition of the
remediation becomes subject to direct oversight pursuant to
N.J.S.A. 58:10C-27, the person responsible for
conducting the remediation shall pay the annual remediation fee every year and
the Department's oversight costs pursuant to N.J.A.C. 7:26C-4.7.
(h) When the entire remediation becomes
subject to direct oversight pursuant to
N.J.S.A. 58:10C-27, the person responsible for
conducting the remediation shall continue to pay the annual remediation fee
until it submits its next remedial phase document to the Department and from
that point on, shall only pay the Department's oversight costs pursuant to
N.J.A.C.
7:26C-4.7 as long as the entire remediation
is in direct oversight.
(i) The
person responsible for conducting the remediation does not have to pay the
annual remediation fee upon receipt of notice from the Department that it has
assigned a full time case manager to the entire site.
(j) The person responsible for conducting the
remediation does not have to pay a contaminated media fee for a billing year
after a preliminary assessment and site investigation pursuant to N.J.A.C.
7:26E-3confirms that the sole source of contamination is historic fill. Until
such confirmation, the person responsible for conducting the remediation shall
be subject to a contaminated media fee, if applicable, for each billing year
prior to and including the date of confirmation.
