N.J. Admin. Code § 7:26C-7.11

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:26C-7.11 - Transfer of a remedial action permit by a statutory permittee

(a) A statutory permittee whose status as a statutory permittee has changed shall, pursuant to (b) below, request that the Department transfer the remedial action permit to a new owner, operator, or tenant. The existing statutory permittee shall pay the remedial action permit transfer fee pursuant to N.J.A.C. 7:26C-4.6 and has the burden of showing that its status as a statutory permittee is so limited by law.

(b) No later than 60 calendar days after the sale or transfer of the property, transfer of the operation of the property, or termination of a lease, a statutory permittee shall apply for the remedial action permit transfer pursuant to (c) below.

(c)To apply for a remedial action permit transfer, the statutory permittee shall submit a completed application for a remedial action permit transfer by providing the following information on a form appropriate for the specific remedial action permit, found on the Department's website at www.nj.gov/dep/srp/srra/forms:

1. Contact information of the current permittee intending to transfer the permit;

2. Contact information of the prospective permittee, if any;

3. Site identification;

4. Confirmation that the current permittees do not have any outstanding remedial action permit fees; and

5. Confirmation that the prospective permittee requesting a transfer of the remedial action permit:

i. Is the new owner, operator, or tenant of or at the contaminated site;

ii. Has acknowledged in writing that it accepts its responsibility as a permittee; and

iii. Is in compliance with the financial assurance requirements of 7:26C-7.10, if applicable.

(d) The Department shall not rescind a person's status as a statutory permittee until all of the following occur:

1. The statutory permittee requesting transfer of the remedial action permit complies with the notice requirements in (b) above;

2. The statutory permittee requesting transfer of the remedial action permit actually terminates its status as subsequent owner, operator, or tenant; and

3. A permittee, other than the one requesting that the Department rescind its status as a statutory permittee, establishes financial assurance pursuant to N.J.A.C. 7:26C-7.10.

N.J. Admin. Code § 7:26C-7.11

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