N.J. Admin. Code § 7:26C-4.10

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

Section 7:26C-4.10 - Seven and one-half percent of the cost of the remediation

(a) The person responsible for conducting the remediation may request that the Department determine whether the applicable costs in this subchapter have exceeded 7.5 percent of the total remediation costs for a site as provided pursuant to the Brownfield Act at N.J.S.A. 58:10B-2.1d, by following the procedures set forth in this section.

(b) A person may make a request pursuant to this section by submitting the information required in (c) below, to the Department within 90 calendar days after the later of:

1. May 7, 2012;

2. The issuance of the final remediation document for all of the discharges at the site, for which that person is responsible, issued after May 7, 2012; or

3. The resolution of all oversight cost reviews pursuant to 7:26C-4.6.

(c) A person may make a request pursuant to this section by submitting the following to the Department:

1. The appropriate form, which contains information as described in (c)2 through 6 below, found on the Department's website at www.nj.gov/dep/srp/srra/forms;

2. A narrative summary of the remediation of the site;

3. A narrative statement that all reviews of any oversight cost invoice pursuant to 7:26C-4.6 have been either settled or resolved;

4. A narrative statement that includes the date of each oversight cost invoice received, and indicates the date that the full payment was made for each such invoice the Department has issued pursuant to:

i. This subchapter; and

ii. The applicable rules at N.J.A.C. 7:14B, 7:26B and 7:26C in effect prior to May 7, 2012;

5. A detailed description of all of the remediation costs as defined in 7:26C-1.3, prepared by a certified public accountant or an independent auditor, including, as applicable:

i. The costs of all correspondence and other communication with the Department concerning the remediation, including, without limitation, the costs of preparing all letters, email and other correspondence, whether by the person, or any other person acting on behalf of that person, such as a consultant, licensed site remediation professional, or attorney;

ii. All remediation costs incurred by any other person, including any other person responsible for conducting the remediation and the Department; and

iii. The future costs of compliance with a remedial action permit, if applicable, prepared by a licensed site remediation professional; and

6. The date and scope of each final remediation document issued for the site.

(d) The Department shall only approve a request pursuant to this section:

1. After a final remediation document has been issued for all areas of concern at the site;

2. If the person responsible for conducting the remediation has paid each cost invoice within 60 calendar days after the later of:

i. May 7, 2012;

ii. The receipt by the person responsible for conducting the remediation of each oversight cost invoice; or

iii. The resolution of all oversight cost reviews pursuant to 7:26C-4.6;

3. If the Department has not addressed an earlier such request for a particular site; and

4. For a rebate of costs paid, if the Legislature has specifically provided the funds to the Department to make such payments.

(e) Upon receipt of a request pursuant to this section, the Department shall:

1. Review the request to determine compliance with (b) through (d) above;

2. Inform the requester in writing of any noncompliance with (b) through (d) above. The requester shall have 30 days to respond to the Department and resubmit missing information;

3. Deny the request if the requester does not resubmit information within 30 days, or the request is again found to be incomplete; and

4. If full compliance with (b) through (d) above is determined, recalculate fees and any costs related to remediation permits, and, if applicable, one or a combination of the following:

i. The amount of credit that could be applied to future costs to offset any prior payment above the statutory maximum; or

ii. Rebate any prior payment above the statutory maximum, subject to the legislative authorization specified in (d)4 above.

N.J. Admin. Code § 7:26C-4.10

New Rule, R.2012 d.095, effective 5/7/2012.
See: 43 N.J.R. 1935(a), 44 N.J.R. 1339(b).