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State of New Jersey Department of Environmental Protection
State of New Jersey Department of Environmental Protection

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NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Site Remediation and Waste Management
Division of Remediation Management and Response

Notice of Rule Proposal
Department Oversight of the Remediation of Contaminated Sites Rule, N.J.A.C. 7:26C
Discharge of Petroleum and Other Hazardous Substances Rule, N.J.A.C. 7:1E
Underground Storage Tank Rule, N.J.A.C. 7:14B
Industrial Site Recovery Act Rule, N.J.A.C. 26B

Public Notice
Take notice that the NJ Department of Environmental Protection is proposing amendments and new rules concerning the Department Oversight of the Remediation of Contaminated Sites Rule (Oversight Rule), N.J.A.C. 7:26C, Discharge of Petroleum and Other Hazardous Substances Rule (DPCC Rule), N.J.A.C. 7:1E, Underground Storage Tank Rule (UST Rule), N.J.A.C. 7:14B, and the Industrial Site Recovery Act Rule (ISRA Rule), N.J.A.C. 26B. A statement of the substance of the proposal follows:

The Department is proposing to amend the Oversight Rule to set forth penalties for violations of the UST Rule, the ISRA Rule, the Oversight Rule, and the Technical Requirements for Site Remediation Rules, N.J.A.C. 7:26E, and identify these violations as either minor or non-minor for the purpose of providing grace periods in accordance with P.L. 1995, c. 296 (N.J.S.A. 13:1D-125 et seq.), commonly known as the Grace Period Law. The proposed amended rules set forth how the Department will respond to any violation identified as minor. The Department is also proposing amendments to the Oversight Rules regarding the penalty provisions of N.J.A.C. 7:26C-10, Civil Administrative Penalties and Requests for Adjudicatory Hearings, to conform those provisions to the Grace Period Law. Finally, the Department is proposing amendments to the Oversight Rules regarding the memoranda of agreement (MOA) application and termination process. These proposed changes are intended to increase the efficiency of the voluntary cleanup program by eliminating frivolous applications for MOAs.

In addition to the proposed amendments to the Oversight Rules described above, the Department is proposing amendments to the Standard ISRA Remediation Agreement (RA) at N.J.S.A. 7:26B, Appendix A, and the Standard Administrative Consent Order (ACO) contained in the Oversight Rules at N.J.A.C. 7:26C, Appendix A, to replace the stipulated penalties provisions of these agreements with provisions that conform with the Grace Period Law and to make the provisions of these two agreements consistent with each other.

This proposal also contains amendments to the DPCC rule at N.J.A.C. 7:1E-6.8 that ensure consistency with the penalty provisions of the Oversight Rules; the UST Rule at N.J.A.C. 7:14B-1, 5 and 12 that clarify the enforcement process for these rules; and the ISRA Rule at N.J.A.C. 7:26B-1 that make these rules consistent with the Oversight Rules at N.J.A.C. 7:26C-10.

The proposal is scheduled to be published in the New Jersey Register dated August 15, 2005. A copy of the proposal may be accessed on the Department’s website(PDF). Copies can also be obtained from LexisNexis at (800) 833-9844 or www.lexisnexis.com/bookstore. Be advised that there may be a fee for obtaining a copy of the proposal from some sources.

A public hearing(s) concerning the proposal is scheduled as follows:

September 19,2005
Department of Environmental Protection
Public Hearing Room
401 E. State St.
Trenton, NJ 08625

Written comments may be submitted by October 14, 2005 to:

NJ Department of Environmental Protection
Leslie Ledogar, Esq.
ATTN: 25-05-07/456
Office of Legal Affairs
PO Box 402
Trenton, New Jersey 08625

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Last Updated: June 10, 2014