New Jersey § 58:10c-19

§ 58:10c-19.

a. The department shall establish a permit program to regulate the operation, maintenance

and inspection of engineering or institutional controls and related systems installed

as part of a remedial action of a contaminated site. The department may require periodic monitoring, inspections, and maintenance by

the person responsible for the engineering or institutional controls and the submission

of certifications regarding those activities. The department may issue a permit, permit by rule, or general permit pursuant to

this section. b. The department may require any person who is responsible for the monitoring, operation,

and maintenance of an engineering or institutional control implemented before the

date of enactment of P.L.2009, c. 60 ( C.58:10C-1 et al.), and any person required to submit a certification on a biennial basis pursuant

to section 6 of P.L.1997, c. 278 ( C.58:10B-13.1 ), that engineering or institutional controls and related systems are properly maintained

and that periodic monitoring for compliance is conducted, to obtain a permit pursuant

to this section. c. (1) Except as provided in paragraph (2) of this subsection, the department may

require that a person issued a permit pursuant to this section maintain insurance,

financial assurance or another financial instrument to guarantee that funding is available

to operate, maintain, and inspect the engineering controls installed as part of a

remedial action of a contaminated site for the period that such controls are required. The person required to maintain the funding source pursuant to this section may

petition the department on an annual basis to decrease the amount of funding required

to be maintained. (2) A government entity, a person who is not otherwise liable for cleanup and removal

costs pursuant to P.L.1976, c. 141 ( C.58:10-23.11 et seq. ) who purchases contaminated property before the date of enactment of P.L.2009, c. 60 ( C.58:10C-1 et al.) and undertakes a remediation of the property, a person who undertakes a remediation

at their primary or secondary residence, the owner or operator of a child care center

licensed pursuant to P.L.1983, c. 492 ( C.30:5B-1 et seq. ) who performs a remediation at the licensed child care center, the person responsible

for conducting a remediation at a public school or private school as defined in N.J.S.18A:1-1 , or a charter school established pursuant to P.L.1995, c. 426 ( C.18A:36A-1 et seq. ), or the owner or operator of a small business responsible for performing a remediation

at their business property, shall not be required to establish or maintain a funding

source pursuant to this section, for the operation, maintenance, and inspection of

the engineering controls installed as part of a remedial action of a contaminated

site. d. A person who is issued a permit pursuant to this section shall retain a licensed site

remediation professional to manage, supervise, or perform the requirements of the

permit for the duration of the permit. e. The department may charge, in accordance with a schedule adopted pursuant to the

“Administrative Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), reasonable application fees to cover the costs of processing the application, and

reasonable annual fees to cover the costs of the administration and enforcement of

the permits.