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Remediation Funding Source Remediation Certifications

 

Remediation Certifications

Effective November 3, 2009, as part of the implementation of the Site Remediation Reform Act N.J.S.A. 58:10C - 1 et seq. ("SRRA"), the Department no longer accepts or processes Remediation Agreements or Remediation Agreement Amendments to allow transactions to occur under the Industrial Site Recovery Act ("ISRA"). An owner or operator of an industrial establishment that triggers ISRA who wishes to proceed to transfer ownership prior to obtaining a full site Response Action Outcome must submit a Remediation Certification.

The Remediation Certification form identifies the transaction occurring, the ISRA subject owner(s) and operator(s) and the party(ies) agreeing to be responsible to conduct the remediation. The regulations for Remediation Certifications can be found in the Industrial Site Recovery Act at N.J.A.C. 7:26B-3.3.

This form must be completed by the owner or operator of the industrial establishment. No fee is required. A separate form must be completed for each triggering event that occurs. Multi-tenant site(s) need only complete one form.

The Remediation Certification form must be accompanied by a Remediation Funding Source (RFS) prepared and submitted in accordance with N.J.A.C. 7:26C-5. The amount of the remediation funding source may be determined in one of two ways: 1) provide a detailed estimate, prepared and certified by a Licensed Site Remediation Professional, of the cost of the remediation, including the Department’s fees and oversight costs and the estimated cost to operate, maintain and inspect anticipated engineering controls; or 2) if a Preliminary Assessment/Site Investigation (PA/SI) has not been completed, the Department will accept the following surrogate amounts:

  • No contaminant information known about the site: minimum acceptable surrogate cost estimate: $100,000.00
  • Known ground water contamination at the site: $250,000.00

An LSRP must certify to the use of the surrogate amount with the submission of the initial remediation cost review form. At the time of the first annual cost review, the surrogate amount must be replaced with a site specific detailed cost estimate amount.

The Department will not be issuing approvals of the Remediation Certifications. The transaction may proceed to closing upon submission of the Remediation Certification form and RFS to the Department.

If you have any questions about the Remediation Certification Form or the information above, please contact:

Bill Goodman
609-292-6296
Bill.Goodman@dep.nj.gov

If you have any questions about the Remediation Funding Source please contact:

Atwood Davis
609-777-1398
Atwood.Davis@dep.nj.gov

Remediation Certification Forms and Remediation Funding Sources must be sent to:

Bureau of Case Assignment & Initial Notice
New Jersey Department of Environmental Protection
Site Remediation and Waste Management Program
Mail code 401-05H
PO Box 434
401 East State Street
Trenton, NJ 08625