New Jersey § 58:10b-3

§ 58:10b-3.

a. If a local government unit condemns contaminated property pursuant to the “Eminent

Domain Act of 1971,” P.L.1971, c. 361 ( C.20:3-1 et seq. ), and the property is undergoing a remediation, the local government unit may petition

the Department of Environmental Protection, in writing, for authority to perform the

remediation of the condemned property. The department, upon a determination that the local government unit has demonstrated

sufficient resources to perform the remediation, may replace the person performing

the remediation of the condemned property with the local government unit that has

condemned the property, provided that, at the time the condemnation action is filed,

more than four years have elapsed since the person performing the remediation first

entered into an oversight document for the site with the Department of Environmental

Protection and the person has not begun implementation of a remedial action workplan

for each area of concern on the property. The department shall not replace the person performing the remediation of the condemned

property unless the local government unit enters into an appropriate oversight document

with the department to perform the remediation. b. Upon the replacement of the person performing a remediation of contaminated property

with a local government unit pursuant to subsection a. of this section, the department

may release the person performing the remediation from the requirement to establish

a remediation funding source as otherwise required pursuant to section 25 of P.L.1993, c. 139 ( C.58:10B-3 ).