N.J. Admin. Code § 7:26C-4.2

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

Section 7:26C-4.2 - Annual remediation fee formula

(a) The Department shall calculate the annual remediation fee in accordance with (b) below and assess the annual remediation fee in accordance with 7:26C-4.3.

(b) The Department shall calculate annual remediation fees for the upcoming State fiscal year as of the December 1 that precedes the upcoming State fiscal year as follows:

1. Utilizing the information contained in the annual budget submission to the Department of Treasury for the upcoming fiscal year, the Department shall set its Site Remediation Reform Act Program budget by determining the dollar amount needed to accomplish all tasks associated with administering the Site Remediation Reform Act. The Department shall not include in its Site Remediation Reform Act Program budget any costs associated with any other program area within the Department's Site Remediation Program that is funded by a source outside of the Site Remediation Reform Act Program budget.

2. The Department shall calculate the percentage of its Site Remediation Reform Act Program budget that shall be offset by the collection of contaminated area of concern fees and contaminated media fees by multiplying the total Site Remediation Reform Act Program budget by:

i. Sixty-five percent, which shall be the total amount of revenue that is to be collected through the assessment of contaminated area of concern fees; and

ii. Thirty-five percent, which shall be the total amount of revenue that is to be collected through the assessment of contaminated media fees.

3. The Department shall calculate the base contaminated area of concern fee by dividing the total contaminated area of concern revenue calculated pursuant to (b)2i above by either:

i. The number of contaminated areas of concern reported to the Department pursuant to 7:26C-4.3(a) in the previous calendar year; or

ii. Where the number of contaminated areas of concern is, in the Department's opinion, underreported such that the resultant fee calculated pursuant to (b)4 below would result in an unnecessarily elevated base contaminated area of concern fee, the estimated total number of contaminated areas of concern for each category defined in (b)4 below. The estimated total number of contaminated areas of concern for each category shall be determined based on the information available to the Department regarding the number of sites undergoing remediation in the previous calendar year.

4. Using the base contaminated area of concern fee calculated in (b)3 above, the Department shall establish the contaminated area of concern fee for each of the four Categories described below as follows:

i. Category 1: The fee for Category 1 is the base fee. This category applies where:

(1) There are zero or one areas of concern, and there are no contaminated regulated underground storage tanks;

(2) Historic fill is the only contaminated area of concern;

(3) The number of contaminated areas of concern has not been determined based on the information known at the time the fee is calculated; or

(4) A site to be used as a child care center is being remediated, pursuant to N.J.S.A. 52:27D-130.4 and the Manual of Requirements for Child Care Centers at N.J.A.C. 10:122-5.2(i);

ii.Category 2: The fee for Category 2 is two times the base fee. This category applies where:

(1) There are two through 10 contaminated areas of concern; or

(2) The areas of concern are limited to any number of contaminated regulated underground storage tanks and there are no other contaminated areas of concern;

iii. Category 3: The fee for Category 3 is 11 times the base fee. This category applies where:

(1) There are 11 through 20 contaminated areas of concern;

(2) There are 11 through 20 contaminated areas of concern, at least one of which is a contaminated regulated underground storage tank area of concern; or

(3) There is at least one sanitary landfill area of concern, whether by itself or with any other contaminated areas of concern; and

iv. Category 4: The fee for Category 4 is 22 times the base fee. This category applies where:

(1) There are more than 20 contaminated areas of concern; or

(2) There are more than 20 contaminated areas of concern, at least one of which is a contaminated regulated underground storage tank area of concern;

5. The Department shall calculate the contaminated media fee by dividing the total contaminated media revenue calculated pursuant to (b)2ii above by either:

i. The number of contaminated media reported to the Department pursuant to 7:26C-4.3(a) in the previous calendar year; or

ii. Where the number of contaminated media is, in the Department's opinion, underreported such that the resultant fee calculated pursuant to (b)6 below would result in an unnecessarily elevated base contaminated media fee, the estimated total number of contaminated media for each media type defined in (b)6 below shall be determined based on the information available to the Department regarding the number of sites and the number of contaminated media; and

6. For the purposes of calculating the contaminated media fee, contaminated media means any or all of the following:

i. Contaminated ground water;

ii. Contaminated sediment; and

iii. Contaminated ground water contaminated above a Surface Water Quality Standard as defined in N.J.A.C. 7:9B that is migrating into surface water.

(c) Each year, the Department shall prepare an Annual Site Remediation Reform Act Program Fee Calculation Report based on the prior calendar year data, including the information contained in the annual budget submission to the Department of the Treasury, and the numbers of contaminated areas of concern and of contaminated media, the base contaminated area of concern fee, the contaminated area of concern fee for each of the four categories described at 7:26C-4.2(b)4, and the contaminated media fee that shall be due and payable for that calendar year. Beginning March 2013 and each March thereafter, the Department shall publish in the New Jersey Register a notice that includes a summary of the report and its Site Remediation Reform Act Program budget. The Department shall also post this report on its website at www.nj.gov/dep/srp/fees.

N.J. Admin. Code § 7:26C-4.2

Amended by 50 N.J.R. 1715(b), effective 8/6/2018