SRP Voluntary Cleanup Program Non-Residential MOA

Memorandum of Agreement for Non-Residential Properties

Version Date: 28 September 2003

Instructions

This Memorandum of Agreement application has been developed so that any party interested in conducting a cleanup at a non-residential property can obtain oversight from the Department. The party and/or the party's authorized agent, interested in conducting the cleanup activities must complete this application in its entirety. The Department can not process any application unless all the requested information is completed and all questions are answered to the satisfaction of the Department. The application must have an original signature and be notarized. Once completed the application must be submitted to the following address:

Division of Remediation Support
Bureau of Risk Management, Initial Notice & Case Assignment
401 East State Street, PO Box 434
Trenton, NJ 08625-0434

Attention: Bureau Chief, Bureau of Risk Management, Initial Notice & Case Assignment

Answer all questions as completely as possible. If you have any questions when completing this form, it is recommended that you contact the Case Assignment Section at (609) 292-2943 between the hours of 8:00 AM and 5:00 PM for assistance.

This application is for a Memorandum of Agreement which may be granted pursuant to the authority vested in the Commissioner of the New Jersey Department of Environmental Protection (hereinafter "the Department") by N.J.S.A. 13:1D-1 et seq. and N.J.S.A. 58:10B et seq. and the Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq., the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq. and the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq. and duly delegated to the Bureau Chief, Division of Remediation Support, Bureau of Risk Management, Initial Notice & Case Assignment pursuant to N.J.S.A. 13:1B-4.

This application is to be used as a formal request for Department oversight of cleanup activities, conducted in accordance with the Technical Rules for Site Remediation (N.J.A.C. 7:26E et seq.) and pursuant to the Procedures for Department Oversight of the Remediation of Contaminated Sites (N.J.A.C. 7:26C et seq.)

The Department will review the application and will respond in writing, as to whether the application is administratively complete. If the application is incomplete the deficiencies shall be listed. If the application is complete, the applicant will be deemed to have entered into an Agreement by rule pursuant to N.J.A.C. 7:26C-3.3.

Upon the applicant's receipt of the Department’s written acceptance of the applicant's offer to conduct the remediation, the applicant has a memorandum of agreement with the Department that includes:

1. The application;
2. The Department's written acceptance; and
3. The following provisions:
   
   
1. The applicant shall pay the Department's oversight costs pursuant to N.J.A.C. 7:26C-9 and this obligation continues, for those oversight costs that have accrued prior to termination, after the Department's termination of the memorandum of agreement.
2. The applicant shall conduct all remediation pursuant to the Technical Requirements for Site Remediation, N.J.A.C. 7:26E.

Additional information about the Underground Storage Tank Finance Act as well as the above referenced regulations can be found on the Internet at www.nj.gov/dep/srp.