Current through Register Vol. 57, No. 6, March 17,
2025
(a) The person
responsible for conducting the remediation shall complete the implementation of
the remedial action, within the applicable regulatory timeframe listed in (b)
below, by:
1. Implementing all remedial
actions required to address the contaminated site, pursuant to the requirements
of this subchapter;
2. Submitting a
remedial action report for all remedial actions at the contaminated site to the
Department pursuant to
N.J.A.C.
7:26E-5.7; and
3. Ensuring that a licensed site remediation
professional submits a final remediation document to the Department pursuant to
the Administrative Requirements for the Remediation of Contaminated Sites, at
N.J.A.C.
7:26C-6.2.
(b) The person responsible for conducting the
remediation shall complete the implementation of the remedial action and submit
a remedial action report for a contaminated site within the following
regulatory timeframes:
1. Except as provided
in (b)2 below, for sites subject to the statutory requirement at
N.J.S.A.
58:10C-27.a(3) to complete the remedial
investigation on or before May 7, 2014:
i.
For the remediation of a discharge that only resulted in soil contamination,
February 6, 2019; or
ii. For the
remediation of all other contamination, May 7, 2019;
2. For sites subject to the statutory
requirement at
N.J.S.A.
58:10C-27.a(3) to complete the remedial
investigation on or before May 7, 2014, and that obtained and maintained an
extension to complete the remedial investigation on or before May 7, 2016,
pursuant to
N.J.S.A.
58:10C-27.1:
i. For the remediation of a discharge that
only resulted in soil contamination, May 7, 2019; or
ii. For the remediation of all other
contamination, May 7, 2021;
3. For every other site not subject to (b)1
or 2 above:
i. For the remediation of a
discharge that only resulted in soil contamination, within three years after
the earliest applicable regulatory timeframe in
N.J.A.C.
7:26E-4.10 to submit a remedial investigation
report; or
ii. For the remediation
of all other contamination, within five years after the earliest applicable
regulatory timeframe in
N.J.A.C.
7:26E-4.10 to submit a remedial investigation
report.
(c)
Any person responsible for conducting remediation who is not subject to
liability under
N.J.S.A.
58:10-23.11g and is one of the following, is
exempt from the regulatory timeframes outlined in (b) above:
1. A non-profit organization that meets the
definition set forth at
26 U.S.C.
§ 501(c)3
unless that organization is established by or funded by another person who is
subject to liability under N.J.S.A. 58:10-23.11g for that site; or
2. A government entity that is exempt from
liability pursuant to N.J.S.A. 58:10-23.11g d(4).
(d) The person responsible for conducting the
remediation may request an extension of the applicable regulatory timeframe in
(b) above, pursuant to the procedure outlined in the Administrative
Requirements for the Remediation of Contaminated Sites, at
N.J.A.C.
7:26C-3.2.
