N.J. Admin. Code § 7:26B-1.10

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:26B-1.10 - Liability for ISRA compliance

(a) Except as provided in (d) below and notwithstanding (e), (f) and (g) below, both the owner and operator are strictly liable without regard to fault, for compliance with ISRA and this chapter.

(b) An owner or operator shall not transfer ownership or operations of an industrial establishment until:

1. A licensed site remediation professional has issued a response action outcome for the industrial establishment pursuant to N.J.A.C. 7:26C-6;

2. A licensed site remediation professional has certified a remedial action workplan for the industrial establishment pursuant to N.J.A.C. 7:26B-1.7(b);

3. The owner or operator has executed prior to November 4, 2009 a remediation agreement or remediation agreement amendment, or, on or after November 4, 2009, has submitted a remediation certification pursuant to N.J.A.C. 7:26B-3.3(c); or

4. The Department has issued an authorization letter to the owner or operator pursuant to N.J.A.C. 7:26B-1.8(a).

(c) An owner or operator that is closing operations shall amend the General Information Notice submitted in accordance with N.J.A.C. 7:26B-3.2(a) for any subsequent transfer of ownership or operations of the industrial establishment that occurs prior to (b)1 or 2 above.

(d) Any person, other than the owner or operator of the industrial establishment, that has obtained title to the industrial establishment by deed of foreclosure, by other deed or transfer, or by court order or other process, shall not be deemed an owner or operator of that industrial establishment where the operator had closed operations prior to the transfer of title and where no new industrial establishment has operated under the person's ownership. Nothing contained herein shall be construed as a waiver or release of liability by the Department of an owner or operator subject to the requirements of this chapter for the industrial establishment.

(e) Where the owner of an industrial establishment is a landlord and the operator of the industrial establishment is a tenant, and there has been a failure to comply with the provisions of this chapter, the landlord or the tenant may petition the Department to seek ISRA compliance from that party who is responsible pursuant to the provisions of the lease, to comply with the requirements of this chapter. The petitioning party shall submit the following to the Department at the address provided at N.J.A.C. 7:26C-1.6:

1. A written request to the Department to seek ISRA compliance first from that party that has agreed to be responsible pursuant to the provisions of a lease. The written request shall be in the form of a Landlord/Tenant Petition as specified in chapter Appendix B, incorporated herein by reference. The petitioning party shall send a copy of the petition to the other party(s) to the lease, by certified mail, return receipt requested, at the time of the mailing of the petition to the Department; and

2. A copy of the signed lease between the landlord and tenant.

(f) Based on the information submitted pursuant to (e)1 and 2 above, the Department may determine that the lease clearly defines the responsibilities of either person to comply with the provisions of this chapter. The Department shall seek ISRA compliance from the person deemed responsible pursuant to the lease. The Department's determination shall not be construed as a waiver or release of liability by the Department of any other person who may be subject to the requirements of this chapter for the industrial establishment.

(g) The Department may compel compliance by both parties if the Department determines that the lease does not clearly define the responsibilities of the owner or operator of the industrial establishment, or upon the failure by the person responsible pursuant to the lease to comply with the provisions of this chapter.

N.J. Admin. Code § 7:26B-1.10

Amended by R.1999 d.241, effective 8/2/1999.
See: 30 N.J.R. 2373(a), 31 N.J.R. 2167(a).
Rewrote (f)1.
Special amendment, R.2009 d.361, effective 11/4/2009 (to expire May 4, 2011).
See: 41 N.J.R. 4467(a).
In (a), substituted "(d)" for "(e)" and "(e), (f) and (g)" for "(f), (g) and (h)"; deleted former (b); recodified former (c) through (h) as (b) through (g); in (b)1, inserted ", or a licensed site remediation professional has issued a remedial action outcome" and substituted "7:26C-6" for "7:26B-1.8(a)"; in (b)2, inserted "or a licensed site remediation professional has certified"; in (b)3, inserted "prior to November 4, 2009" and substituted ", or on or after November 4, 2009 has submitted a remediation certification pursuant to N.J.A.C. 7:26B-4.3;" for "issued by the Department pursuant to N.J.A.C. 7:26B-4.1(b);"; in (c), substituted "(b)1" for "(c)1"; and in (f), substituted "(e)1" for "(f)1".
Administrative correction.
See: 42 N.J.R. 1862(a).
Readoption of special amendment, R.2011 d.251, effective 9/8/2011.
See: 43 N.J.R. 1077(a), 43 N.J.R. 2581(b).
Provisions of R.2009 d.361 readopted with changes incorporated at 42 N.J.R. 1862(a).
Amended by R.2012 d.095, effective 5/7/2012.
See: 43 N.J.R. 1935(a), 44 N.J.R. 1339(b).
In (b)1, substituted "A" for "The Department has issued a no further action letter, or a", and deleted a comma following "outcome"; in (b)2, substituted "A" for "The Department has approved or a"; in (b)3, (b)4 and the introductory paragraph of (e), updated the N.J.A.C. reference; and in (c), deleted "be required to" following "shall".