NOTE: THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE ...

1 NOTE: THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN title 7 OF THE NEW jersey administrative code . 7: 26c administrative REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES Statutory authority 13:1D-1 et seq., 13:1K-6, 58 et seq., 58:10A-1 et seq., 58:10A-21 et seq., 58:10B-1 et seq., and 58:10C-1 et seq. Date last amended January 16, 2018 For the regulatory history and effective dates see the administrative code Rule expiration date September 8, 2018 NOTE: THIS IS A COURTESY COPY OF THIS RULE.

2 ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN title 7 OF THE NEW jersey administrative code . i TABLE OF CONTENTS SUBCHAPTER 1. GENERAL INFORMATION ..1 7 Scope of subchapter ..1 7 General requirements ..1 7 Definitions ..2 7 Applicability and exemptions ..8 7 Certifications ..10 7 Forms and submissions ..11 7 Notification and public outreach ..12 7 Right of entry and inspection ..17 7 Liberal construction ..18 7 Severability ..18 SUBCHAPTER 2. OBLIGATIONS OF THE PERSON RESPONSIBLE FOR CONDUCTING THE REMEDIATION OF A CONTAMINATED SITE.

3 18 7 Scope ..18 7 Criteria for determining when a person is required to remediate a site ..18 7 Requirements for the person responsible for conducting the remediation ..19 7 (Repealed) ..21 7 Record retention ..21 SUBCHAPTER 3. REMEDIATION TIMEFRAMES AND EXTENSION REQUESTS ..22 7 Scope ..22 7 Regulatory timeframes ..22 7 Mandatory remediation timeframes ..23 7 Expedited site specific remediation timeframes ..25 7 Extension of a mandatory or an expedited site specific remediation timeframe ..25 SUBCHAPTER 4.

4 FEES AND OVERSIGHT COSTS ..27 7 Scope ..27 7 Annual remediation fee formula ..28 7 Annual remediation fee ..30 7 Individual document review fees ..36 7 Remedial action permit fee formula ..37 7 Payment of Remedial action permit fees ..39 7 Oversight costs ..40 7 Oversight cost review ..44 7 Payment of fees and oversight costs ..45 7 Seven and one-half percent of the cost of the remediation ..46 SUBCHAPTER 5. REMEDIATION FUNDING SOURCE AND FINANCIAL ASSURANCE ..48 7 Scope of subchapter ..48 7 Establishing a remediation funding source and financial assurance.

5 49 7 Determination of remediation funding source and financial assurance amount ..52 NOTE: THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN title 7 OF THE NEW jersey administrative code . ii 7 Remediation trust fund requirements ..53 7 Environmental insurance policy requirements ..54 7 Line of credit requirements ..55 7 Letter of credit ..56 7 Self-guarantee requirements ..57 7 Remediation funding source 7 Remediation cost review ..59 7 Changes in the remediation funding source or financial assurance amount or type and return of the remediation funding source or financial assurance.

6 60 7 Disbursements from the remediation funding source ..61 7 Failure to perform the remediation ..62 SUBCHAPTER 6. FINAL REMEDIATION DOCUMENTS ..62 7 Scope ..62 7 Response action outcomes ..63 7 No further action letters ..65 7 Modification, rescission and invalidation of a final remediation 7 Scope of final remediation document and covenant not to sue ..67 SUBCHAPTER 7. DEED NOTICES, GROUND WATER CLASSIFICATION EXCEPTIONS AREAS AND REMEDIAL ACTION PERMITS ..67 7 Purpose and scope ..67 7 administrative requirements for using a deed notice in a remedial action.

7 69 7 administrative requirements for establishing and removing a ground water classification exception area in a remedial action ..71 7 Permittees of remedial action permits ..74 7 Application for a remedial action permit ..75 7 Remedial action permit application schedule ..79 7 General conditions applicable to all remedial action permits ..80 7 Specific conditions applicable to soil remedial action permits ..81 7 Specific conditions applicable to ground water remedial action permits ..83 7 Financial assurance for remedial action permits for remedial actions that include engineering controls.

8 86 7 Transfer of a remedial action permit ..87 7 Modification of specific requirements in a remedial action permit ..89 7 Termination of a remedial action permit ..90 SUBCHAPTER 8. SITE ACCESS ..91 7 Scope ..91 7 Site access ..91 SUBCHAPTER 9. ENFORCEMENT ..92 7 Scope ..92 7 Applicability ..93 7 administrative orders ..93 7 Grace period applicability; procedures ..94 7 Civil administrative penalty NOTE: THIS IS A COURTESY COPY OF THIS RULE. ALL OF THE DEPARTMENT'S RULES ARE COMPILED IN title 7 OF THE NEW jersey administrative code .

9 Iii 7 Penalty adjustment factors ..135 7 Civil administrative penalty for submitting inaccurate or false information ..135 7 Civil administrative penalty for economic benefit ..136 7 Procedures for assessment and payment of civil administrative penalties ..137 7 Procedures for requesting and conducting adjudicatory hearings ..138 7 Spill Compensation and Control Act directive ..140 SUBCHAPTER 10. TECHNICAL ASSISTANCE GRANTS ..141 7 Scope ..141 7 General requirements ..142 7 Eligibility ..142 7 Pre-application process.

10 143 7 Application for technical assistance grant ..144 7 Eligible technical assistance grant activities ..146 7 Reporting requirements ..147 SUBCHAPTER 11. HAZARDOUS DISCHARGE SITE REMEDIATION FUND ..148 7 Scope and requirements ..148 7 Application for loans and grants ..148 7 Grants for reimbursement of prior remediation costs ..148 7 Disbursements of grants and loans ..148 SUBCHAPTER 12. PETROLEUM UNDERGROUND STORAGE TANK REMEDIATION UPGRADE AND CLOSURE FUND ..149 7 Scope ..149 7 Application for loans and grants.