N.J. Admin. Code § 7:26C-5.13

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:26C-5.13 - Failure to perform the remediation

(a) The Department shall notify in writing the person required to establish a remediation funding source or financial assurance pursuant to this subchapter if the Department determines that the person has failed to perform the remediation as required.

(b) The Department shall provide a copy of the notification required in (a) above to the current owners and operators of the site when the person required to establish the remediation funding source or financial assurance has failed to remediate the site.

(c) The Department may, in its sole discretion, avail itself of the funds in the remediation funding source or financial assurance and perform the remediation of a site using the funds in the remediation funding source or financial assurance.

(d) A person may petition the Department for authority to perform the remediation and to avail itself of all or some of the moneys in the remediation funding source or financial assurance established by another person pursuant to this subchapter. The Department may, in its discretion, disburse all or some of the moneys to the petitioner.

N.J. Admin. Code § 7:26C-5.13

Administrative correction.
See: 42 N.J.R. 1862(a)
Amended by R.2012 d.095, effective 5/7/2012.
See: 43 N.J.R. 1935(a), 44 N.J.R. 1339(b).
In (a) through (c), inserted "or financial assurance"; in (a), deleted the last sentence; in (b), deleted a comma following "above"; and rewrote (c).