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SRP Enforcement

 

SRP Enforcement

The requirement to conduct remediation can be triggered by a number of circumstances. For example, a discharge may occur or an old discharge may be discovered, an ISRA-subject transaction may occur, a childcare facility renewing its license may discover contamination, a facility may close a regulated underground storage tank, or a financial institution may require that a party obtain a Response Action Outcome in order to provide funding for a transaction.

Regardless of what compels a party to conduct remediation, all parties who are responsible for conducting remediation must comply with N.J.A.C. 7:26E, the Technical Requirements for Site Remediation ("Tech Rule") and the Administrative Requirements for the Remediation of Contaminated Sites ("ARRCS Rule"). In order to obtain a Response Action Outcome, remediation must comply with the Remediation Standards, N.J.A.C.7:26D. Additionally, other rules may apply depending upon whether the site is subject to the Underground Storage of Hazardous Substances Act or the Industrial Site Recovery Act, respectively N.J.A.C. 7:14B ("UST Rules") and N.J.A.C. 7:26B ("ISRA Rules"). These rules can be found at http://www.nj.gov/dep/srp/regs/. Whenever a party who is required to conduct remediation fails to meet their obligations the Site Remediation Program's Bureau of Enforcement and Investigations (BEI) may compel action by issuing an enforcement document.

While BEI staff is encouraged to accommodate good faith efforts at compliance, their primary job function is to prepare and issue enforcement actions against parties who are responsible for conducting remediation but who fail to do so in a timely manner and/or in accordance with applicable rules. Compliance managers gather the information necessary to document violations and prepare administrative enforcement documents for processing in the Office of Administrative Law or, with assistance from the Attorney General's Office, the Superior Court of New Jersey. BEI staff also issue Spill Act Directives in advance of the expenditure of public funds at sites where the Department is conducting remediation, in order to preserve the Department's ability to pursue treble damages in cost recovery actions. BEI works closely with the Division of Law toward satisfactory closure of cost recovery cases and the settlement of administrative actions.

The type of enforcement action BEI takes may vary depending on a number of factors including the urgency of action needed, the existence and type of administrative mechanism already in place, the status of the cleanup, current compliance status, and evidence of criminal intent.

SRP's enforcement activity can be reviewed using the appropriate DataMiner reports. To see enforcement actions issued by the Site Remediation Program, select the "Enforcement Actions Issued by Program and Date" from this list. Next, select "Site Remediation" for program and type in the start and end dates of interest. Click "OK" to see the results.

The Department has compiled a list of Frequently Asked Questions to assist Remediating Parties and Licensed Site Remediation Professionals. For other questions and more information, please contact BEI.

Enforcement Initiatives

Status of Administrative Consent Orders and Remediation Agreements - SRP Enforcement provides clarification regarding the status of their ACO/RA in light of the 2009 amendments to the Brownfield and Contaminated Site Remediation Act. N.J.S.A. 58:10B-1.3.