New Jersey § 13:1k-11

§ 13:1k-11.

a. The owner or operator of an industrial establishment who is required to perform

a remediation at an industrial establishment pursuant to subsection b. of section

4 of P.L.1983, c. 330 ( C.13:1K-9 ) may apply to the department for an area of concern waiver. Approval of the area of concern waiver shall relieve the owner or operator of the

requirement to perform a remediation pursuant to subsection b. of section 4 of P.L.1983,

c. 330 ( C.13:1K-9 ) for any area of concern at that industrial establishment for which a remediation

has previously been conducted and approved by the department. An application pursuant to this subsection shall include: (1) a certification that the department or the United States Environmental Protection

Agency, pursuant to the “Resource Conservation and Recovery Act,” 42 U.S.C. § 6901 et seq. or the “Comprehensive Environmental Response, Compensation, and Liability Act of

1980,” 42 U.S.C. § 9601 et seq., or any other law, has previously approved a remediation at an area of concern and

has issued a no further action letter or an equivalent approval of a remediation for

that area of concern; (2) a copy of the most recent no further action letter or equivalent approval for

that area of concern, approved by the department; and (3) a certification that the owner or operator has performed remediation activities

at that area of concern that are consistent with current regulations established by

the department, and based on those remediation activities, that subsequent to the

issuance of the no further action letter or equivalent approval described in paragraph

(1) of this subsection, there has been no discharge of a hazardous substance or hazardous

waste at that area of concern. b. Upon submission of a complete and accurate application and after an inspection,

if necessary, the department shall approve the application for an area of concern

waiver upon a finding that the information in the certifications submitted pursuant

to subsection a. of this section is accurate. Upon a disapproval of the application by the department pursuant to this section,

the owner or operator shall perform a remediation of the subject area of concern as

may be required pursuant to subsection b. of section 4 of P.L.1983, c. 330.