New Jersey § 58:10b-26

§ 58:10b-26.

As used in sections 34 through 39 of P.L.1997, c. 278 ( C.58:10B-26 through 58:10B-31 ): “ Contamination ” or “ contaminant ” means any discharged hazardous substance as defined pursuant to section 3 of P.L.1976,

c. 141 ( C.58:10-23.11b ), hazardous waste as defined pursuant to section 1 of P.L.1976, c. 99 ( C.13:1E-38 ), or pollutant as defined pursuant to section 3 of P.L.1977, c. 74 ( C.58:10A-3 ). “ Developer ” means any person that enters or proposes to enter into a redevelopment agreement

with the State pursuant to the provisions of section 35 of P.L.1997, c. 278 ( C.58:10B-27 ). “ Director ” means the Director of the Division of Taxation in the Department of the Treasury. “ Licensed site remediation professional ” means an individual who is licensed by the Site Remediation Professional Licensing

Board pursuant to section 7 of P.L.2009, c. 60 ( C.58:10C-7 ) or the Department of Environmental Protection pursuant to section 12 of P.L.2009, c. 60 ( C.58:10C-12 ). “ No further action letter ” means a written determination by the Department of Environmental Protection that

based upon an evaluation of the historical use of a particular site, or of an area

of concern or areas of concern at that site, as applicable, and any other investigation

or action the department deems necessary, there are no discharged contaminants present

at the site, at the area of concern or areas of concern, at any other site to which

a discharge originating at the site has migrated, or that any discharged contaminants

present at the site or that have migrated from the site have been remediated in accordance

with applicable remediation regulations. “ Project ” or “ redevelopment project ” means a specific work or improvement, including lands, buildings, improvements,

real and personal property or any interest therein, including lands under water, riparian

rights, space rights and air rights, acquired, owned, developed or redeveloped, constructed,

reconstructed, rehabilitated or improved, undertaken by a developer within an area

of land whereon a contaminated site is located, under a redevelopment agreement with

the State pursuant to section 35 of P.L.1997, c. 278 ( C.58:10B-27 ). “ Redevelopment agreement ” means an agreement between the State and a developer under which the developer agrees

to perform any work or undertaking necessary for the remediation of the contaminated

site located at the site of the redevelopment project, and for the clearance, development

or redevelopment, construction or rehabilitation of any structure or improvement of

commercial, industrial or public structures or improvements within an area of land

whereon a contaminated site is located pursuant to section 35 of P.L.1997, c. 278 ( C.58:10B-27 ), and the State agrees that the developer shall be eligible for the reimbursement

of up to 75% of the costs of remediation of the contaminated site from the fund established

pursuant to section 38 of P.L.1997, c. 278 ( C.58:10B-30 ) as authorized pursuant to section 36 of P.L.1997, c. 278 ( C.58:10B-28 ). “ Remediation ” or “ remediate ” means all necessary actions to investigate and clean up or respond to any known,

suspected, or threatened discharge of contaminants, including, as necessary, the preliminary

assessment, site investigation, remedial investigation, and remedial action, as those

terms are defined in section 23 of P.L.1993, c. 139 ( C.58:10B-1 ). “ Remediation costs ” means all reasonable costs associated with the remediation of a contaminated site

except that “ remediation costs ” shall not include any costs incurred in financing the remediation. “ Response action outcome ” means a written determination by a licensed site remediation professional that the

contaminated site was remediated in accordance with all applicable statutes and regulations,

and based upon an evaluation of the historical use of the site, or of any area of

concern at that site, as applicable, and any other investigation or action the department

deems necessary, there are no contaminants present at the site, or at any area of

concern, at any other site to which a discharge originating at the site has migrated,

or that any contaminants present at the site or that have migrated from the site have

been remediated in accordance with applicable remediation regulations, and all applicable

permits and authorizations have been obtained.