Remediation Funding Source
and RCRA Financial Assurance Requirements

RFS & Surcharge

The establishment of a remediation funding source (RFS) is required with submission of a remediation certification, signing of a administrative consent order, as directed in an Order or Court Order or upon the approval of a remedial action work plan for ISRA-subject facilities. Parties required to post a RFS must comply with the RFS requirements detailed at N.J.A.C. 7:26C-5 [pdf]. The amount of the RFS must reflect the cost of the remediation, including the DEP’s fees and oversight costs, but excluding the estimated cost to operate, maintain and inspect engineering controls as part of a remedial action permit as provided in N.J.A.C. 7:26C-7 [pdf]. When applicable, parties must pay a surcharge on the amount of RFS posted.

For information about establishing and maintaining RCRA FA for Closure/Post-Closure & Third Party Liability pursuant to 40C.F.R.264/265, Subpart H please refer to EPA Web sites (below) and refer to NJDEP Web site (To Be Determined).

EPA Web Sites:

• EPA’s Financial Assurance Main Page http://www.epa.gov/osw/hazard/tsd/td/ldu/financial/
• RCRA Financial Assurance Resources http://www.epa.gov/osw/hazard/tsd/td/ldu/financial/facover.htm
• Meeting the Financial Assurance Requirements http://www.epa.gov/osw/hazard/tsd/td/ldu/financial/famech.htm
• RCRA Financial Assurance Tools http://www.epa.gov/osw/hazard/tsd/td/ldu/financial/fatools.htm

Important Links

• Remediation Funding Source Guide
• Remediation Funding Source Forms & Model Documents