Annual Site Remediation Reform Act Program Fee Calculation Report

NOTE: Due to the state of emergency, the New Jersey Department of Environmental Protection (Department) adopted an emergency adoption of a temporary rule suspension of certain provisions of the Administrative Requirements for the Remediation of Contaminated Sites at N.J.A.C. 7:26C-4, Fees and Oversight Costs, and did not publish an "Annual Site Remediation Reform Act Program Fee Calculation Report" for Fiscal Year (FY) 2021. Instead, the Department applied the FY 2020 fees for FY 2021 as published in the June 17, 2019, New Jersey Register at 51 N.J.R. 1069(a).

Pursuant to the Administrative Requirements for the Remediation of Contaminated Sites (ARRCS, N.J.A.C. 7:26C), the New Jersey Department of Environmental Protection is to prepare each year an "Annual Site Remediation Reform Act Program Fee Calculation Report."

The report is to include the information contained in the annual budget submission to the Department of the Treasury, the numbers of contaminated areas of concern and of contaminated media, the base contaminated area of concern fee, the contaminated area of concern fee for each of the four categories, and the contaminated media fee that shall be due and payable. Additionally, the report is to include the factors used to calculate the remedial action permit fee for each remedial action permit activity, as well as the annual remedial action permit fee for each type of Remedial Action Permit. A notice is to be published in the New Jersey Register that includes a summary of the report and its Site Remediation Reform Act Program budget, and the Department is also required to post the report on its website.

The notice regarding the "Annual Site Remediation Reform Act Program Fee Calculation Report" was published in the Monday, May 3, 2021 New Jersey Register. The report is available here.

Implementation of the new fees will be as follows:

• For Annual Remediation Fees, if the invoice sent by the Department is dated:

  • On or before June 30, 2021, the Annual Remediation Fees listed in the June 17, 2019 version of the "Annual Site Remediation Reform Act Program Fee Calculation Report" apply
  • On or after July 1, 2021, the Annual Remediation Fees described in the May 3, 2021 version of the "Annual Site Remediation Reform Act Program Fee Calculation Report" apply

• For Remedial Action Permit Annual Fees, if the invoice sent by the Department is dated:

  • On or before June 30, 2021, the Remedial Action Permit Annual Fees listed in the June 17, 2019 version of the "Annual Site Remediation Reform Act Program Fee Calculation Report" apply
  • On or after July 1, 2021, the Remedial Action Permit Annual Fees described in the May 3, 2021 version of the "Annual Site Remediation Reform Act Program Fee Calculation Report" apply

• For the Remedial Action Permit Activity Fees, if the permit activity (application, modification, transfer, termination) is administratively complete and is post-marked:

  • On or before June 30, 2021, the Remedial Action Permit Activity Fees listed in the June 17, 2019 version of the "Annual Site Remediation Reform Act Program Fee Calculation Report" apply
  • On or after July 1, 2021, the Remedial Action Permit Activity Fees described in the May 3, 2021 version of the "Annual Site Remediation Reform Act Program Fee Calculation Report" apply

• For cases that received a limited restricted use or restricted use No Further Action letter from the Department and have not yet applied for and received a remedial action permit, additional information is available here.