New Jersey § 58:10b-1

§ 58:10b-1.

a. An owner or operator of an industrial establishment subject to the provisions of

P.L.1983, c. 330 ( C.13:1K-6 et al.), the discharger of a hazardous substance or a person in any way responsible

for a hazardous substance pursuant to the provisions of subsection c. of section 8

of P.L.1976, c. 141 ( C.58:10-23.11g ), or the owner or operator of an underground storage tank regulated pursuant to the

provisions of P.L.1986, c. 102 ( C.58:10A-21 et seq. ), that has discharged a hazardous substance, shall remediate the discharge of a hazardous

substance. b. A person who initiates a remediation at least 180 days after the date of enactment of P.L.2009, c. 60 ( C.58:10C-1 et al.) shall: (1) retain a licensed site remediation professional to perform the remediation; (2) notify the department of the name and license information of the licensed site

remediation professional who has been retained to perform the remediation; (3) conduct the remediation without the prior approval of the department, unless directed

otherwise by the department; (4) establish a remediation funding source if a remediation funding source is required

pursuant to the provisions of section 25 of P.L.1993, c. 139 ( C.58:10B-3 ); (5) pay all applicable fees and oversight costs as required by the department; (6) provide access to the contaminated site to the department; (7) provide access to all applicable documents concerning the remediation to the department; (8) meet the mandatory remediation timeframes and expedited site specific timeframes

established by the department pursuant to section 28 of P.L.2009, c. 60 ( C.58:10C-28 ); and (9) obtain all necessary permits. c. (1) Any person who initiates a remediation prior to the date of enactment of P.L.2009, c. 60 ( C.58:10C-1 et al.), or prior to the issuance of temporary licenses to site remediation professionals

pursuant to section 12 of P.L.2009, c. 60 ( C.58:10C-12 ), shall comply with the provisions of paragraphs (4) through (9) of subsection b.

of this section. (2) The department may require a person required to perform a remediation pursuant

to subsection a. of this section, or a person who has initiated a remediation prior

to the date of enactment of P.L.2009, c. 60 ( C.58:10C-1 et al.), to comply with the provisions of subsection b. of this section if, after

the date of enactment of P.L.2009, c. 60 ( C.58:10C-1 et al.), the department (a) issues a final order or a penalty becomes due and payable,

concerning the performance of the remediation, or (b) issues a demand for stipulated

penalties pursuant to the provisions of an oversight document in which the person

waived a right to a hearing on the penalties. (3) No later than three years after the date of enactment of P.L.2009, c. 60 ( C.58:10C-1 et al.), a person responsible for conducting the remediation, no matter when the

remediation is initiated, shall comply with the provisions of subsection b. of this

section. d. (1) The provisions of this section shall not apply to any person who remediates

a discharge from an unregulated heating oil tank. For any person who remediates a discharge from an unregulated heating oil tank,

the provisions of section 15 of P.L.2009, c. 60 ( C.58:10C-15 ) shall apply. (2) The provisions of this section shall not apply to any person who: (a) does not

own a contaminated site, (b) conducts a preliminary assessment or site investigation

of the contaminated site for the purpose of conducting all appropriate inquiry into

the previous ownership and uses of the property as provided in section 8 of P.L.1976,

c. 141 ( C.58:10-23.11g ), and (c) has not discharged a hazardous substance at the site or is not in any way

responsible for a hazardous substance discharged at the site pursuant to section 8

of P.L.1976, c. 141 ( C.58:10-23.11g ). (3) A person shall not be required to retain a licensed site remediation professional

pursuant to this section to conduct sampling or investigation to confirm or evaluate

a remediation performed or supervised by a retained licensed site remediation professional,

provided that such sampling or investigation: (1) is not required pursuant to this

section or any other law, rule, regulation, or order; (2) is not conducted in order

to obtain a response action outcome; and (3) is not conducted in order to investigate,

clean up, or respond to any known, suspected, or threatened discharge of a contaminant. e. Any person who fails to comply with the provisions of this section shall be liable

to the enforcement provisions established pursuant to section 22 of P.L.1976, c. 141

( C.58:10-23.11u ).