New Jersey § 13:1k-9

§ 13:1k-9.

a. The owner or operator of an industrial establishment planning to close operations

or transfer ownership or operations shall notify the department in writing, no more

than five days subsequent to closing operations or of its public release of its decision

to close operations, whichever occurs first, or within five days after the execution

of an agreement to transfer ownership or operations, as applicable. The notice to the department shall: identify the subject industrial establishment;

describe the transaction requiring compliance with P.L.1983, c. 330 ( C.13:1K-6 et al.); state the date of the closing of operations or the date of the public release

of the decision to close operations as evidenced by a copy of the appropriate public

announcement, if applicable; state the date of execution of the agreement to transfer

ownership or operations and the names, addresses and telephone numbers of the parties

to the transfer, if applicable; state the proposed date for closing operations or

transferring ownership or operations; list the name, address, and telephone number

of an authorized agent for the owner or operator; and certify that the information

submitted is accurate. The notice shall be transmitted to the department in the manner and form required

by the department. The department may, by regulation, require the submission of any additional information

in order to improve the efficient implementation of P.L.1983, c. 330. The owner or operator of the industrial establishment shall also provide all information

required to be submitted to the department pursuant to this subsection, to the clerk

of the municipality in which the industrial establishment is located, at the same

time the information is submitted to the department. b. (1) Subsequent to the submittal of the notice required pursuant to subsection a.

of this section, the owner or operator of an industrial establishment shall, except

as otherwise provided by P.L.1983, c. 330 or P.L. 1993, c. 139 ( C.13:1K-9.6 et al.), remediate the industrial establishment. The remediation shall be conducted in accordance with criteria, procedures, and

time schedules established by the department. (2) The owner or operator shall attach a copy of any approved negative declaration,

approved remedial action workplan, no further action letter, remediation agreement approval , response action outcome, or remediation certification to the contract or agreement of sale or agreement to transfer or any option to purchase

which may be entered into with respect to the transfer of ownership or operations. In the event that any sale or transfer agreements or options have been executed

prior to the approval of a negative declaration, remedial action workplan, no further

action letter, or remediation agreement, or prior to the submission of a remediation certification or the filing of a response

action outcome with the department, these documents, as relevant, shall be transmitted by the owner or operator, by certified

mail, overnight delivery, or personal service, prior to the transfer of ownership

or operations, to all parties to any transaction concerning the transfer of ownership

or operations, including purchasers, bankruptcy trustees, mortgagees, sureties, and

financiers. (3) The preliminary assessment, site investigation, remedial investigation, and remedial

action for the industrial establishment shall be performed and implemented by the

owner or operator of the industrial establishment, except that any other party may

assume that responsibility pursuant to the provisions of P.L.1983, c. 330. c. The owner or operator of an industrial establishment shall, subsequent to closing

operations, or of its public release of its decision to close operations, or prior

to transferring ownership or operations except as otherwise provided in subsection

e. of this section, as applicable, submit to the department for approval a proposed

negative declaration , proposed remedial action workplan , or a remedial action workplan certified by a licensed site remediation professional . The owner or operator shall also provide written notification to the clerk of the

municipality in which the industrial site is located, that upon written request, the

municipality may receive a copy of the proposed negative declaration , proposed remedial action workplan , or a remedial action workplan certified by a licensed site remediation professional . The owner or operator of the industrial establishment shall provide the requested

documents to the clerk of the municipality within five days after receipt of the written

request. Except as otherwise provided in section 6 of P.L.1983, c. 330 ( C.13:1K-11 ), and sections 13, 16, 17 and 18 of P.L.1993, c. 139 ( C.13:1K-11.2 , C.13:1K-11 . 5, C.13:1K-11.6 and C.13:1K-11.7 ), the owner or operator of an industrial establishment shall not transfer ownership

or operations until a negative declaration or a remedial action workplan has been

approved by the department , a remedial action workplan has been prepared and certified by a licensed site remediation

professional and submitted to the department, or the conditions of subsection e. of this section for remediation agreements or remediation certifications have been met and until, in cases where a remedial action workplan is required to

be approved or a remediation agreement has been approved, a remediation funding source,

as required pursuant to section 25 of P.L.1993, c. 139 ( C.58:10B-3 ), has been established. d. (1) Upon the submission of the results of either the preliminary assessment, site

investigation, remedial investigation, or remedial action, where applicable, which

demonstrate that there are no discharged hazardous substances or hazardous wastes

at the industrial establishment, or that have migrated from or are migrating from

the industrial establishment, in violation of the applicable remediation regulations,

the owner or operator may submit to the department a proposed negative declaration as provided in subsection c. of this section. (2) After the submission and review of the information submitted pursuant to a preliminary

assessment, site investigation, remedial investigation, or remedial action, as necessary,

the department shall, within 45 days of submission of a complete and accurate negative

declaration, approve the negative declaration, or inform the owner or operator of

the industrial establishment that a remedial action workplan or additional remediation

shall be required. The department shall approve a negative declaration by the issuance of a no further

action letter. Upon the remediation of the industrial establishment pursuant to the requirements

of section 30 of P.L.2009, c. 60 ( C.58:10B-1.3 ), a licensed site remediation professional may file a response action outcome with

the department. e. The owner or operator of an industrial establishment, who has submitted a notice

to the department pursuant to subsection a. of this section, may transfer ownership

or operations of the industrial establishment prior to the approval of a negative

declaration or remedial action workplan upon application to and approval by the department

of a remediation agreement or upon submission to the department of a remediation certification . The owner or operator requesting a remediation agreement shall submit the following

documents: (1) an estimate of the cost of the remediation that is approved by the

department; (2) a certification of the statutory liability of the owner or operator

pursuant to P.L.1983, c. 330 to perform and to complete a remediation of the industrial

establishment in the manner and time limits provided by the department in regulation

and consistent with all applicable laws and regulations; however, nothing in this

paragraph shall be construed to be an admission of liability, or to impose liability

on the owner or operator, pursuant to P.L.1976, c. 141 ( C.58:10-23.11 et seq. ) or pursuant to any other statute or common law; (3) evidence of the establishment

of a remediation funding source in an amount of the estimated cost of the remediation

and in accordance with the provisions of section 25 of P.L.1993, c. 139 ( C.58:10B-3 ); (4) a certification that the owner or operator is subject to the provisions of

P.L. 1983, c. 330, including the liability for penalties for violating the act, defenses

to liability and limitations thereon, the requirement to perform a remediation as

required by the department, allowing the department access to the industrial establishment

as provided in section 5 of P.L.1983, c. 330 ( C. 13:1K-10 ), and the requirement to prepare and submit any document required by the department

relevant to the remediation of the industrial establishment; and (5) evidence of

the payment of all applicable fees required by the department. The owner or operator submitting a remediation certification shall provide the following

documents to the department: (1) an estimate of the cost of the remediation prepared

and certified by a licensed site remediation professional; (2) a certification of

the statutory liability of the owner or operator pursuant to P.L.1983, c. 330 to perform

and to complete a remediation of the industrial establishment in the manner and time

limits provided by the department in regulation and consistent with all applicable

laws and regulations; however, nothing in this paragraph shall be construed to be

an admission of liability, or to impose liability on the owner or operator, pursuant

to P.L.1976, c. 141 ( C.58:10-23.11 et seq. ) or pursuant to any other statute or common law; (3) evidence of the establishment

of a remediation funding source in an amount of the estimated cost of the remediation

and in accordance with the provisions of section 25 of P.L.1993, c. 139 ( C.58:10B-3 ); (4) a certification that the owner or operator is subject to the provisions of

P.L.1983, c. 330, including the liability for penalties for violating the act, defenses

to liability and limitations thereon, the requirement to perform a remediation as

required by the department, allowing the department access to the industrial establishment

as provided in section 5 of P.L.1983, c. 330 ( C.13:1K-10 ), the requirement to comply with the provisions of P.L.2009, c. 60 ( C.58:10C-1 et al.), and the requirement to prepare and submit any document required by the department

relevant to the remediation of the industrial establishment; and (5) evidence of

the payment of all applicable fees required by the department. The department may require in the remediation agreement that all plans for and results

of the preliminary assessment, site investigation, remedial investigation, and the

implementation of the remedial action workplan, prepared or initiated subsequent to

the transfer of ownership or operations, be submitted to the department, for review

purposes only, at the completion of each phase of the remediation. The department shall adopt regulations establishing the manner in which the documents

required pursuant to this subsection shall be submitted. The department shall approve the application for the remediation agreement upon

the complete and accurate submission of the documents required to be submitted pursuant

to this subsection. The regulations shall include a sample form of the certifications. Approval of a remediation agreement shall not affect an owner's or operator's right

to avail itself of the provisions of section 6 of P.L.1983, c. 330 ( C.13:1K-11 ), of section 13, 14, 15, 16, 17, or 18 of P.L.1993, c. 139 ( C.13:1K-11.2 , C.13:1K-11.3 , C.13:1K-11.4 , C.13:1K-11.5 , C.13:1K-11.6 or C.13:1K-11.7 ), or of the other provisions of this section. The owner or operator of the industrial establishment shall also provide written notification

to the clerk of the municipality in which the industrial establishment is located,

at the same time the information is submitted to the department, that upon written

request, the owner or operator shall provide the information required to be submitted

to the department pursuant to this subsection, to the municipality. The owner or operator shall provide the information to the municipality within five

days after receipt of the written request. f. An owner or operator of an industrial establishment may perform a preliminary assessment,

site investigation, or remedial investigation for a soil, surface water, or groundwater

remediation without the prior submission to or approval of the department, except

as otherwise provided in a remediation agreement required pursuant to subsection e.

of this section. However, the plans for and results of the preliminary assessment, site investigation,

and remedial investigation may, at the discretion of the owner or operator, be submitted

to the department for its review and approval at the completion of each phase of the

remediation. g. Except as provided in section 27 of P.L.2009, c. 60 ( C.58:10C-27 ), the soil, groundwater, and surface water remediation standard and the remedial action

to be implemented on an industrial establishment shall be selected by the owner or

operator, and reviewed and approved by the department, or prepared, certified and submitted to the department by a licensed site remediation

professional, based upon the policies , requirements, and criteria enumerated in section 35 of P.L.1993, c. 139 ( C.58:10B-12 ). h. An owner or operator of an industrial establishment may implement a soil remedial

action at an industrial establishment without prior department approval of the remedial

action workplan for the remediation of soil when the remedial action can reasonably

be expected to be completed pursuant to standards, criteria, and time schedules established

by the department, which schedules shall not exceed five years from the commencement

of the implementation of the remedial action and if the owner or operator is implementing

a soil remediation which meets the established minimum residential or nonresidential

use soil remediation standards adopted by the department. Nothing in this subsection shall be construed to authorize the closing of operations

or the transfer of ownership or operations of an industrial establishment without

the department's approval of a negative declaration, a remedial action workplan or

a remediation agreement , or without the submission of a remediation certification . i. An owner or operator of an industrial establishment shall base the decision to

select a remedial action upon the standards , requirements, and criteria set forth in section 35 of P.L.1993, c. 139 ( C.58:10B-12 ). When a remedial action selected by an owner or operator includes the use of an engineering

or institutional control that necessitates the recording of a notice pursuant to section

36 of P.L.1993, c. 139 ( C.58:10B-13 ), the owner or operator shall obtain the approval of the transferee of the industrial

establishment. At any time after the effective date of P.L.1993, c. 139, an owner or operator may request the department to provide a determination as to

whether a proposed remedial action is consistent with the standards and criteria set

forth in section 35 of P.L.1993, c. 139 ( C.58:10B-12 ). The department shall make that determination based upon the standards and criteria

set forth in that section. The department shall provide any such determination within 30 calendar days of the

department's receipt of the request. j. Except as provided in P.L.2009, c. 60 ( C.58:10C-1 et al.), an owner or operator proposing to implement a soil remedial action other than one which

is set forth in subsection h. of this section must receive department approval prior

to implementation of the remedial action. k. Except as provided in P.L.2009, c. 60 ( C.58:10C-1 et al.), an owner or operator of an industrial establishment shall not implement a remedial action

involving the remediation of groundwater or surface water without the prior review

and approval by the department of a remedial action workplan. l . Submissions of a preliminary assessment, site investigation, remedial investigation,

remedial action workplan, and the results of a remedial action shall be in a manner

and form, and shall contain any relevant information relating to the remediation,

as may be required by the department. Upon receipt of a complete and accurate submission, the department shall review and

approve or disapprove the submission in accordance with the review schedules established

pursuant to section 2 of P.L.1991, c. 423 ( C.13:1D-106 ). The owner or operator shall not be required to wait for a response by the department

before continuing remediation activities, except as otherwise provided in this section. Upon completion of the remediation, the plans for and results of the preliminary

assessment, site investigation, remedial investigation, remedial action workplan,

and remedial action and any other information required to be submitted as provided

in section 35 of P.L.1993, c. 139 ( C.58:10B-12 ), that has not previously been submitted to the department, shall be submitted to

the department for its review and approval. The department shall review all information submitted to it by the owner or operator

at the completion of the remediation to determine whether the actions taken were in

compliance with rules and regulations of the department regarding remediation. The department may review and approve or disapprove every remedial action workplan,

no matter when submitted, to determine, in accordance with the criteria listed in

subsection g. of section 35 of P.L.1993, c. 139 ( C.58:10B-12 ) if the remedial action that has occurred or that will occur is appropriate to meet

the applicable health risk or environmental standards. The department may order additional remediation activities at the industrial establishment,

or offsite where necessary, or may require the submission of additional information,

where (a) the department determines that the remediation activities undertaken were

not in compliance with the applicable rules or regulations of the department; (b)

all documents required to be submitted to the department were not submitted or, if

submitted, were inaccurate, or deficient; or (c) discharged hazardous substances

or hazardous wastes remain at the industrial establishment, or have migrated or are

migrating offsite, at levels or concentrations or in a manner that is in violation

of the applicable health risk or environmental standards. Upon a finding by the department that the remediation conducted at the industrial

establishment was in compliance with all applicable regulations, that no hazardous

substances or hazardous wastes remain at the industrial establishment in a manner

that is in violation of the applicable health risk or environmental standards, and

that all hazardous substances or hazardous wastes that migrated from the industrial

establishment have been remediated in conformance with the applicable health risk

or environmental standards, the department shall approve the remediation for that

industrial establishment by the issuance of a no further action letter. The owner or operator of the industrial establishment may also perform the remediation

pursuant to the provisions of P.L.2009, c. 60 ( C.58:10C-1 et al.).