N.J. Admin. Code § 7:26F-1.7

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

Section 7:26F-1.7 - Site access requirements

(a) The owner shall take all appropriate action, as outlined in (b) below, to obtain access to any property to which the owner does not have legal or equitable title and which is necessary to implement the remediation pursuant to this chapter.

(b) The owner who, in order to implement the remediation pursuant to this chapter, requires access to property to which the owner does not have legal or equitable title shall send, via certified mail, to each person who does have legal or equitable title to that property, a written request for access to that property. The owner shall include the following information in the written request:

1. A description of the obligation that the owner has to remediate the discharge;

2. A site map indicating each area for which the owner needs access;

3. A description of the reason for which the owner needs access and the extent of access needed;

4. A description of the remediation that the owner needs to conduct, indicating the approximate time when the owner will initiate the remediation and the approximate time necessary for the owner to complete that part of the remediation for which the owner needs access; and

5. A request that the person who does have legal or equitable title to that other property respond in writing to the owner within 30 days after receipt of the owner's written request.

(c) If the person with legal or equitable title to that other property does not respond, the owner shall send, by certified mail, a second written request to the person with legal or equitable title of that other property. The owner shall include in the second written request a copy of the first written request detailed in (b) above.

(d) If the person with legal or equitable title to that other property does not grant access, the owner shall initiate and rigorously pursue an action in Superior Court, including an appeal to the Appellate Division, if appropriate, for site access. The owner shall submit a copy of the court order if the court order indicates that the court denied access to the property.

(e) The owner shall not construe anything in this section to relieve the owner of the obligation to conduct remediation at any portion of a site or area of concern to which the owner has access.

N.J. Admin. Code § 7:26F-1.7

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