New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES
Subchapter 9 - ENFORCEMENT
Section 7:26C-9.12 - Procedures for assessment, payment, and settlement of assessment of cleanup and removal costs in notices of administrative assessment of State costs

Universal Citation: NJ Admin Code 7:26C-9.12

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

(a) The Department may assess State costs by issuing a notice of administrative assessment of State costs pursuant to the procedure in this section.

(b) To assess State costs in a notice of administrative assessment of State costs, the Department shall notify a responsible party by:

1. Certified mail, return receipt requested, and regular mail, with the simultaneous mailing of such constituting effective service; or

2. Personal service upon the responsible party.

1. The Site Remediation Program name and Site Remediation Program Interest Number of the site, and the street address, municipality, and county of the site where the discharge occurred;

2. The responsible party, including:

i. Name and address; and

ii. The responsible party's relationship to the hazardous substance that was discharged;

3. To the extent readily available:

i. The date of the discharge;

ii. The name and quantity of the hazardous substance that was discharged; and iii. The extent of the discharge and the resulting injury to natural resources;

4. A concise statement of the facts relating to the State costs assessed, including the nature and amount of the State costs being assessed and the interest on those costs at the post-judgment rate established by Rule 4:42-11 of the Rules Governing the Courts of the State of New Jersey; and

5. Notice to the responsible party of the right to request a hearing pursuant to the procedures in N.J.A.C. 7:26C-9.10.

(d) The responsible party shall pay the assessed State costs upon the responsible party's receipt of the Department's final order in a contested case, or when a notice of administrative assessment of State costs otherwise becomes a final order, as follows:

1. If no hearing is requested pursuant to N.J.A.C. 7:26C-9.10, the notice of administrative assessment of State costs becomes a final agency order on the 21st day following the date the responsible party receives the notice of administrative assessment of State costs; or

2. If the Department denies a hearing request, the notice of administrative assessment of State costs becomes a final agency order when the responsible party receives the denial; or

3. If an adjudicatory hearing is held and a Final Decision is issued in favor of the Department, then the notice of administrative assessment of State costs becomes a final agency order.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.