N.J. Admin. Code § 7:26C-7.10

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

Section 7:26C-7.10 - Financial assurance for remedial action permits for remedial actions that include engineering controls

(a) Except as provided in (c) below, the permittee implementing a remedial action that includes an engineering control shall:

1. Submit to the Department, biennially on the same schedule that the permittee is required to submit the biennial certification pursuant to N.J.A.C. 7:26C-7.7(a)1, an estimate of the future costs to operate, maintain, and inspect all engineering controls that are part of each remedial action at the site; and

2. Maintain financial assurance in accordance with N.J.A.C. 7:26C-5.2(e):

i. In an amount equal to or greater than the most recent estimated full cost to operate, maintain, and inspect all engineering controls that are part of any remedial action over the life of the permit; and

ii. Until the Department terminates the permit pursuant to N.J.A.C. 7:26C-7.13.

(b) In the event that more than one permittee is required to establish financial assurance pursuant to this section and one or more of the permittees is exempt from this requirement pursuant to (c) below, the non-exempt permittee(s) shall establish the full amount of the financial assurance required.

(c) The following persons are not required comply with this section:

1. A government entity;

2. A person who is not otherwise liable for cleanup and removal costs pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11, who purchased a contaminated site prior to May 7, 2009, and is remediating, or has remediated, the contaminated site pursuant to N.J.S.A. 58:10-23.11g.d;

3. A person who undertakes remediation at that person's primary or secondary residence;

4. The owner or operator of a child care center licensed pursuant to N.J.S.A. 30:5B-1 et seq. who performs remediation at the licensed child care center;

5. The person responsible for performing remediation at a public school or private school as defined in N.J.S.A. 18A:1-1, or a charter school established pursuant to N.J.S.A. 18A:36A-1 et seq.; and

6. The owner or operator of a small business who is responsible for performing a remediation at his or her business property.

(d) The remediation funding source surcharge payable in accordance with N.J.A.C. 7:26C-5.9 is not applicable to the financial assurance posted pursuant to this subsection.

(e) A permittee may change the amount of the financial assurance in accordance with N.J.A.C. 7:26C-5.11.

(f) A permittee may disburse monies from the funding posted in accordance with N.J.A.C. 7:26C-5.12.

(g) If any permittee fails to comply with the actions required pursuant to a remedial action permit or this subchapter, the Department, or another party as the Department may authorize, may draw on the financial assurance to achieve compliance.

N.J. Admin. Code § 7:26C-7.10

Recodified from N.J.A.C. 7:26C-7.7 and amended by R.2012 d.095, effective 5/7/2012.
See: 43 N.J.R. 1935(a), 44 N.J.R. 1339(b).
Rewrote the section. Former N.J.A.C. 7:26C-7.10, Termination of a remedial action permit, recodified to N.J.A.C. 7:26C-7.13.
Administrative corrections and changes.
See: 45 N.J.R. 1652(a).