N.J. Admin. Code § 7:26F-1.9

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

Section 7:26F-1.9 - Certification of a submission to the Department

(a) An owner conducting the remediation of a discharge from a heating oil tank system pursuant to this chapter shall certify each submission to the Department as follows:

"I certify under penalty of law that I have personally examined and am familiar with the information submitted herein, including all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, to the best of my knowledge, I believe that the submitted information is true, accurate and complete. I am aware that there are significant civil penalties for knowingly submitting false, inaccurate, or incomplete information, and that I am committing a crime of the fourth degree if I make a written false statement which I do not believe to be true. I am also aware that if I knowingly direct or authorize the violation of any statute, I am personally liable for the penalties."

(b) A certified subsurface evaluator overseeing the remediation of a discharge from a heating oil tank system shall certify each submission to the Department as follows:

"I certify under penalty of law that I have personally examined and am familiar with the information submitted herein and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, to the best of my knowledge, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant civil penalties for knowingly submitting false, inaccurate, or incomplete information, and that I may be committing a crime if I make a written false statement, which I do not believe to be true, accurate and complete. I hereby certify that the area of concern being remediated was remediated consistent with the Heating Oil Tank System Remediation Rules, N.J.A.C 7:26F. In addition, I certify that I have provided direct on-site supervision of the remediation. Moreover, I understand that should I discover evidence of a discharge of a hazardous substance, I will provide written notice to the owner of the heating oil tank system as to that discovery and to the Department pursuant to the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C-1.7. I am also aware that if I knowingly direct or authorize the violation of any statute, I can be personally liable for the penalties."

(c) A licensed site remediation professional conducting or overseeing the remediation of a discharge from a heating oil tank system pursuant to this chapter shall certify each submission to the Department as follows:

"I certify that I am a Licensed Site Remediation Professional authorized pursuant to N.J.S.A. 58:10C-1et seq. to conduct business in New Jersey. [SELECT ONE OR BOTH OF THE FOLLOWING, AS APPLICABLE:

(1) As the Licensed Site Remediation Professional hired for this remediation, I directly oversaw and supervised all of the referenced remediation.

(2) As the Licensed Site Remediation Professional hired for this remediation, I personally reviewed and accepted all of the referenced remediation presented herein.] I believe that the information contained herein, including all attached documents, is true, accurate and complete. It is my independent professional judgment and opinion that the remediation conducted at this site, as reflected in this submission to the Department, conforms to, and is consistent with, the remediation requirements in the Site Remediation Reform Act, N.J.S.A. 58:10C-14. My conduct and decisions in this matter were made upon the exercise of reasonable care and diligence, and by applying the knowledge and skill ordinarily exercised by licensed site remediation professionals practicing in good standing, in accordance with N.J.S.A. 58:10C-16, in the State of New Jersey at the time I performed these professional services. I am aware pursuant to N.J.S.A. 58:10C-17that for purposely, knowingly, or recklessly submitting false statement, representation, or certification in any document or information submitted to the Site Remediation Professional Licensing Board or Department, that there are significant civil, administrative, and criminal penalties, including license revocation or suspension, fines, and being punished by imprisonment for conviction of a crime of the third degree.

(d) A property owner who implements a remedial action that allows residual contamination pursuant to N.J.A.C. 7:26F-3.7shall include the following certification in the remedial action report:

"Prior to or during the implementation of the remedial action, my environmental professional informed me that residual contamination would remain in certain areas of my property. -(Property owner shall choose one of the following statements:

I have recorded a deed notice modeled after Appendix B of the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C

OR

Upon Department approval of a draft deed notice modeled after Appendix A of this chapter, I will record that deed notice

OR

I am choosing the small quantity exception for residual contamination pursuant to N.J.A.C. 7:26F-3.7, and I acknowledge that the heating oil tank system no further action letter will reference the small quantity exception for residual contamination with a diagram of the location(s) of that contamination.)-"

N.J. Admin. Code § 7:26F-1.9

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