N.J. Admin. Code § 7:26C-4.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:26C-4.3 - Annual remediation fee

(a) Except as provided in (i) below, the person responsible for conducting the remediation that is subject to N.J.A.C. 7:26C-2.3shall submit the applicable annual remediation fee to the Department pursuant to this section.

1. A person subject to this section shall pay a nonrefundable annual remediation fee, which shall be the sum of the applicable contaminated area of concern fee and the total contaminated media fee. The person shall use the description of the categories at N.J.A.C. 7:26C-4.2(b)4 to determine the applicable contaminated area of concern category and the description of contaminated media at N.J.A.C. 7:26C-4.2(b)6 to determine the number of contaminated media at the site.

2. Until the first day of the State fiscal year following the Department's publication of the first Annual Site Remediation Reform Act Program Fee Calculation Report in accordance with N.J.A.C. 7:26C-4.2(c) , the person responsible for conducting the remediation shall pay an annual remediation fee, which shall be calculated by multiplying the number of contaminated media by $ 1,400, and adding to the resultant dollar amount the fee listed at (a)2i through iv below, for the applicable contaminated area of concern category as determined pursuant to N.J.A.C. 7:26C-4.2(b). Thereafter, the person responsible for conducting the remediation shall pay the applicable annual remediation fee indicated in the most recent Annual Site Remediation Reform Act Program Fee Calculation Report:

i. Category 1:	$ 450;
ii. Category 2:	$ 900;
iii. Category 3:	$ 5,000; and
iv. Category 4:	$ 9,500.

3. Except as provided in (a)4 and 7 below, each person responsible for conducting the remediation shall submit the first annual remediation fee and a completed Annual Remediation Fee Reporting form, found on the Department's website at www.nj.gov/dep/srp/srra/forms, to the address noted on the form upon the earliest of the following:

i. The submittal of a preliminary assessment report;

ii. The submittal of a site investigation report;

iii. The submittal of the first remedial phase document; or

iv. Forty-five days after the date the person responsible for conducting the remediation is required to submit the notification required pursuant to N.J.A.C. 7:26C-2.3(a)2.

4. The person responsible for conducting the remediation who was conducting the remediation without a licensed site remediation professional prior to May 7, 2012 and who is continuing on or after that date to conduct the remediation using a licensed site remediation professional shall submit the annual remediation fee, and the appropriate form found on the Department's website at www.nj.gov/dep/srp/srra/forms, as follows:

i. The first annual remediation fee shall be due on or before June 20, 2012, and the amount shall be based on the county in which the site is located as indicated in lines 1 through 4 of Table 4-1 below, as follows:

(1) Each person whose site is located in Hudson, Middlesex and Monmouth counties shall pay the amount indicated on line 1 of Table 4-1 below;

(2) Each person whose site is located in Atlantic, Hunterdon, Morris, Passaic and Union counties shall pay the amount indicated on line 2 of Table 4-1 below;

(3) Each person whose site is located in Cape May, Cumberland, Gloucester, Mercer, Ocean, Salem, Somerset, Sussex and Warren counties or out-of-State shall pay the amount indicated on line 3 of Table 4-1 below; and

(4) Each person whose site is located in Bergen, Burlington, Camden or Essex counties shall pay the amount indicated on line 4 of Table 4-1 below;

ii. The second annual remediation fee:

(1) Shall be due based on the county in which the site is located as indicated in lines 1 through 4 of Table 4-1 below, as follows:

(A) On September 1, 2012 for each person whose site is located in Hudson, Middlesex and Monmouth counties;

(B) On December 1, 2012 for each person whose site is located in Atlantic, Hunterdon, Morris, Passaic and Union counties;

(C) On March 1, 2013 for each person whose site is located in Cape May, Cumberland, Gloucester, Mercer, Ocean, Salem, Somerset, Sussex and Warren counties or out-of-State; and

(D) On June 1, 2013 for each person whose site is located in Bergen, Burlington, Camden or Essex counties; and

(2) Shall be the full amount as indicated on line 4 of Table 4-1 below, irrespective of the county in which the site is located;

iii. If the site is located in more than one county, the date that the annual remediation fee is due shall be based on the county that appears first in Table 4-1 below; and

iv. Where the columns in Table 4-1 specify the following:

(1) Column I specifies the county in which the site is located;

(2) Column II specifies the fee amount due that all persons responsible for conducting the remediation who meet the criteria in (a)4i shall pay, calculated as the pro-rated percentage of the annual remediation fee based on the assigned anniversary month (for example, if the assigned anniversary month is September, the pro-rated percentage is 25 percent, June to September);

(3) Column III specifies the number of contaminated media at the site;

(4) Columns IV through VII specify the specific dollar amount (rounded to the nearest dollar) the person responsible for conducting the remediation owes based on category and number of contaminated media at the site; and

(5) Column VIII specifies the date that the second and subsequent annual remediation fee shall be due.

Table 4-1

Data in image

5. For each subsequent year, the person responsible for conducting the remediation shall pay an annual remediation fee in response to a Department invoice as follows:

i. For a person paying the fee pursuant to (a)3 above, on the anniversary date of the first year that the annual remediation fee was required to be submitted; or

ii. For a person paying the fee pursuant to (a)4 above, on the month and day indicated in Column VIII of Table 4-1 above.

6. If a person responsible for conducting the remediation does not submit the initial annual remediation fee pursuant to (a)3 or 4 above by the time the subsequent year's annual remediation fee is due pursuant to (a)4 above, and does not provide the Department with the number of contaminated areas of concern and number of contaminated media as required in N.J.A.C. 7:26C-4.3(a)1, that person shall:

i. For each year the Department is not able to calculate the annual remediation fee, pay the applicable Category 2 annual remediation fee as amended annually pursuant to N.J.A.C. 7:26C-4.2(c) until that person provides the Department with the number of contaminated areas of concern and number of contaminated media as required in N.J.A.C. 7:26C-4.3(a)1; and

ii. On the anniversary date subsequent to the year in which the information is provided, the person responsible for conducting the remediation shall pay:

(1) The correct annual remediation fee for the applicable category and number of contaminated media; and

(2) The difference between the correct annual remediation fee for the applicable category and number of contaminated media and the Category 2 fee for each year the Category 2 fee was paid.

7. Any governmental entity that is not liable under N.J.S.A. 58:10-23.1 1g.d(4) shall pay an annual remediation fee determined pursuant to N.J.A.C. 7:26C-4.2(b) for any 12-month period during which the governmental entity performs any type of remediation as defined pursuant to the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-1.8, within 45 days of commencing remediation pursuant to the following:

i. The date on which the governmental entity pays the first annual remediation fee becomes that governmental entity's anniversary date on which each subsequent annual remediation fee shall be due;

ii. If the governmental entity determines to stop remediation for any reason, the governmental entity shall notify the Department 90 days prior to the governmental entity's anniversary date and shall not be required to pay subsequent annual remediation fees until such time as the governmental entity determines to resume remediation; and

iii. When the governmental entity determines to resume remediation, the governmental entity shall notify the Department, and shall determine the annual remediation fee pursuant to N.J.A.C. 7:26C-4.2(b); the date of this notification shall become the governmental entity's new anniversary date.

(b) Except as provided in (c) below, the person responsible for conducting the remediation shall identify all contaminated areas of concern individually and shall not combine contaminated areas of concern or contaminated media for the purpose of determining the amount of the annual remediation fee.

(c) Where a governmental entity, or a non-profit organization that meets the definition set forth at 26 U.S.C. § 501(c)3, is the person responsible for conducting the remediation of a brownfield development area, the person responsible for conducting the remediation shall pay an annual remediation fee in an amount that equals the sum of the applicable contaminated site fee and the total contaminated media fee as may be amended pursuant to N.J.A.C. 7:26C-4.2(c) except that, regardless of the number of sites within each brownfield development area:

1. The entire brownfield development area may be considered as a single contaminated site; and

2. The total contaminated media fee shall be calculated by determining the number of contaminated media, listed at N.J.A.C. 7:26C-4.2(b)6 i through iii, that are present across the entire brownfield development area, rather than for each site within the brownfield development area.

(d) The person responsible for conducting the remediation that receives a response action outcome for a contaminated area of concern or a contaminated medium, but other contaminated areas of concern or contaminated media remain at the site, may request an adjusted annual remediation fee by submitting a new form, found on the Department's website at www.nj.gov/dep/srp/srra/forms, at least 90 days prior to the annual remediation fee anniversary date described at (a)5 above. Information to be supplied by filling out the form includes:

1. The site name and location;

2. Information concerning a fee billing contact;

3. The applicable category fee and the subtotal category fee;

4. The applicable contaminated media fee(s), the subtotal of the contaminated media fee(s) and the total fee paid which is the sum of the category fee and the applicable contaminated media fee(s);

5. A list of the contaminated areas of concern;

6. The name and contact information for the person responsible for conducting the remediation and the Licensed Site Remediation Professional remediating the site; and

7. The signatures and certifications of the person responsible for conducting the remediation and the Licensed Site Remediation Professional.

(e) The person responsible for conducting the remediation that discovers any additional contaminated areas of concern or contaminated media shall submit a new annual remediation fee and a form, as described in (d) above, found on the Department's website at www.nj.gov/dep/srp/srra/forms, at least 90 days prior to the annual remediation fee anniversary date described at (a)5 above. If the Department determines that any additional contaminated areas of concern are present at a site, the Department shall increase the next annual remediation fee, if the new total number of contaminated areas of concern changes the fee category in (b)3 above. If the Department determines that any additional contaminated media are present at a site, the Department shall increase the next annual remediation fee for each additional contaminated medium listed at N.J.A.C. 7:26C-4.2(b)6.

(f) The person responsible for conducting the remediation shall continue to pay an annual remediation fee to the Department until a final remediation document is on file for all of the contaminated areas of concern and contaminated media at the site with the Department.

(g) When a portion or a condition of the remediation becomes subject to direct oversight pursuant to N.J.S.A. 58:10C-27, the person responsible for conducting the remediation shall pay the annual remediation fee every year and the Department's oversight costs pursuant to N.J.A.C. 7:26C-4.7.

(h) When the entire remediation becomes subject to direct oversight pursuant to N.J.S.A. 58:10C-27, the person responsible for conducting the remediation shall continue to pay the annual remediation fee until it submits its next remedial phase document to the Department and from that point on, shall only pay the Department's oversight costs pursuant to N.J.A.C. 7:26C-4.7 as long as the entire remediation is in direct oversight.

(i) The person responsible for conducting the remediation does not have to pay the annual remediation fee upon receipt of notice from the Department that it has assigned a full time case manager to the entire site.

(j) The person responsible for conducting the remediation does not have to pay a contaminated media fee for a billing year after a preliminary assessment and site investigation pursuant to N.J.A.C. 7:26E-3confirms that the sole source of contamination is historic fill. Until such confirmation, the person responsible for conducting the remediation shall be subject to a contaminated media fee, if applicable, for each billing year prior to and including the date of confirmation.

N.J. Admin. Code § 7:26C-4.3

Amended by 50 N.J.R. 1715(b), effective 8/6/2018

Administrative Change, 51 N.J.R. 729(a).