New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES
Subchapter 4 - FEES AND OVERSIGHT COSTS
Section 7:26C-4.8 - Oversight cost review

Universal Citation: NJ Admin Code 7:26C-4.8

Current through Register Vol. 56, No. 18, September 16, 2024

(a) The person responsible for conducting the remediation may contest an oversight cost the Department has assessed, pursuant to 7:26C-4.7, by submitting a written request to the Department, pursuant to (c) and (d) below, within 45 days after the billing date indicated on the oversight cost invoice that person received from the Department.

(b) The Department shall deny an oversight cost review request if the request is based on the following:

1. An employee's hourly salary rate;

2. The Department's salary additive rate, fringe benefit or indirect rate;

3. Management decisions of the Department, including decisions regarding who to assign to the case, how to oversee the case or how to allocate resources for case review; or

4. Receipt of the request after the 45-day period established in (a) above.

(c) The person responsible for conducting the remediation shall submit an oversight cost review request to the Department at the following address:

New Jersey Department of Environmental Protection

Office of Direct Billing and Cost Recovery

Mail Code 401-06L

401 East State Street, 6th Floor

PO Box 420

Trenton, NJ 08625-0420

(d) The person responsible for conducting the remediation shall include the following information in a request for an oversight cost review:

1. A copy of the invoice;

2. Payment of all uncontested charges, including salary, additives, and fringe and indirect rate calculations, as applicable, if not previously paid;

3. A list of the specific oversight cost charges contested;

4. The factual questions at issue in each of the contested charges;

5. The name, mailing address, email address, and telephone number of the person making the request; and

6. Information supporting the request or other written documents relied upon to support the request.

(e) If any information or the payment required by (d) above is not included, the Department shall deny a request for an oversight cost review.

(f) Upon the Department's receipt of a request for an oversight cost review, the Department shall attempt to resolve any of the factual issues in dispute. If the Department determines that an oversight cost imposed was incorrect, the Department shall adjust the oversight cost and issue a corrected invoice or have the revision in the next invoice, which shall be due and payable according to the corrected or next invoice.

(g) The Department may, if it determines that the factual issues involving an oversight cost dispute cannot be resolved informally, determine the matter to be a contested case and transfer it to the Office of Administrative Law for an adjudicatory hearing. An adjudicatory hearing shall be conducted pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(h) If the Department does not determine the matter to be a contested case and, therefore, not subject to an adjudicatory hearing, the Department shall issue written notification for this determination. This determination shall be considered a final agency action.

(i) If the objector does not file a request for an oversight cost review within 45 days after the billing date shown on the invoice for the Department's oversight costs, the full amount of the oversight costs shall be due and owing. If the invoice is not paid, the Department may take any action in accordance with 7:26C-4.9.

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