Effective November 3, 2009, in conjunction with the passage of the Site Remediation Reform Act N.J.S.A. 58:10C – 1 et seq. (“SRRA”), the Department will NO longer be accepting or processing Remediation Agreements or Remediation Agreement Amendments to allow transactions to occur under the Industrial Site Recovery Act (“ISRA”). For an owner or operator of an industrial establishment that triggers ISRA and wishes to proceed to closing of the triggering event prior to completing the standard ISRA administrative and remedial process must submit a Remediation Certification.
The Remediation Certification form [pdf] 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 may be found at N.J.A.C. 7:26B-4.3.
This form must be completed by the owner or operator of the industrial establishment. No fee is required. A SEPARATE form is to be completed for each Site in which a triggering event is to occur. Multi Tenant Site(s) need only complete one form.
The Department will NOT be issuing approvals of the Remediation Certifications. The transaction may proceed to closing upon submission of the Remediation Certification form to the Department.
In addition, the Remediation Certification form must be accompanied by a Remediation Funding Source 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 of the cost of the remediation prepared and certified by a Licensed Site Remediation Professional which includes the cost of the implementation of the remediation, including the Department’s fees and oversight costs, but excluding the estimated cost to operate, maintain and inspect engineering controls as part of a remedial action; or 2) if a Preliminary Assessment/Site Investigation (PA/SI) has not been completed, the Department will accept the following surrogate amounts until 30 calendar days after the completion of the PA/SI:
- 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
CERTIFICATION BY A LSRP IS NOT REQUIRED WITH USE OF SURROGATE AMOUNT.
The surrogate amount must be replaced with a detailed estimated cost of the remediation based upon site specific information within 30 calendar days of completion of the PA/SI. If a LSRP has been retained in accordance with N.J.A.C. 7:26C et seq., the cost estimate must be prepared and certified by the LSRP. Compliance with N.J.S.A. 58:10B-1 et seq.: If an ISRA General Information Notice was filed prior to November 3, 2009, and the ISRA subject owner or operator is complying under ISRA, the ISRA owner or operator will not be required to hire a LSRP to conduct the remediation right away. Remediation of the site may continue to follow the remediation process with traditional Department oversight and approvals until 2012 in accordance with the effective regulatory and mandatory timeframes. ISRA General Information Notices filed on or after November 3, 2009 and/or if a party other than the ISRA subject owner or operator is agreeing to comply with ISRA (for pre or post November 3, 2009 filings) must hire a LSRP and proceed in compliance with N.J.S.A. 58:10B-1.3b 1-9.
If you have any questions with the Remediation Certification Form or the information above, please contact:
Remediation Certification Forms may be sent to:
Bureau of Case Assignment & Initial Notice
New Jersey Department of Environmental Protection
Site Remediation Program
401 East State Street, PO Box 434
Trenton, NJ 08625