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Affirmative Obligation to Cleanup

Requirement to Remediation the Discharge of a Hazardous Substance

SRRA created an affirmative obligation for a person to remediate a discharge. The responsible party shall not wait for direction from the State, but must initiate necessary actions upon discovering the discharge.

Section 30 of the Site Remediation Reform Act (SRRA) created Section 1.3 within the Brownfield and Contaminated Site Remediation Act (Brownfield Act) which established an affirmative obligation upon any person liable for the discharge of a hazardous substance to remediate the discharge (See N.J.S.A. 58:10B-1.3a).

Specifically, any person who is liable for a discharge of a hazardous substance pursuant to:

  1. the Industrial Site Recovery act, N.J.S.A. 13:1K-6 et seq.,
  2. the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11g, or
  3. the Underground Storage of Hazardous Substances Act, N.J.S.A. 58:10A-21 et seq.,

is required to remediate the discharge.

Remediation of the discharge includes, without limitation, initial remedial investigation to determine the extent of contamination, development and implementation of a remedial action, and the maintenance and monitoring of the remedial action.

This affirmative obligation to remediate a discharge of a hazardous substance became effective on May 7, 2009. In addition, SRRA also specifies certain requirements that the person liable for the discharge of a hazardous substance must fulfill as part of the remediation of the discharge. These requirements can be found in section 1.3(b) through 1.3(e) of the Brownfield Act (See N.J.S.A. 58:10B-1.3(b)-(e)).

Important Messages

  1. Affirmative Obligation to Cleanup
  2. Training and Resource Disclaimer
  3. Variances and the Use of Best Professional Judgement

II. Administrative Processes - Quick Reference Guides

  1. New ISRA Cases
  2. New Discharge Cases
  3. New UST Cases
  4. Existing Cases Opting into the LSRP Program
  5. Existing Cases NOT opting in to LSRP program
  6. Alternative ISRA compliance options for existing ISRA cases
  7. Alternative ISRA compliance options for new ISRA cases
  8. UHOT - Unregulated Heating Oil Tank remediation cases

III. New responsibilities for ALL cases - Quick Reference Guides

  1. Immediate Environmental Concern (IEC) Overall process
  2. Receptor evaluation Posted 6 June 2010
  3. LNAPL Free Product Remedial Requirements
  4. Remedial action permits
    1. Soil
    2. Ground Water
  5. Discharge permits

    1. Discharge to Ground Water Proposals
    2. Discharge to Surface Water Proposals
  6. Summary of Regulatory and Mandatory Timeframes
  7. Reporting and forms/CID etc
  8. Public notification
  9. Remediation Funding Source and Financial Assurance

V. Miscellaneous

  1. Acronym glossary
    1. Acronyms Glossary with Definitions
    2. Printable List of Acronyms without Definitions
  2. Exceptions - Who does not need to hire an LSRP
  3. SRRA - Related FAQs