New Jersey § 58:10c-2

§ 58:10c-2.

As used in sections 1 through 29 of P.L.2009, c. 60 ( C.58:10C-1 et seq. ): “ Area of concern ” means any location where contaminants are or were known or suspected to have been

discharged, generated, manufactured, refined, transported, stored, handled, treated,

or disposed, or where contaminants have or may have migrated. “ Board ” means the Site Remediation Professional Licensing Board established pursuant to

section 3 of P.L.2009, c. 60 ( C.58:10C-3 ). “ Certified subsurface evaluator ” means a person certified to perform services at the site of an unregulated heating

oil tank pursuant to P.L.1991, c. 123 ( C.58:10A-24.1 et seq. ) as a subsurface evaluator. “ 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 ). “ Department ” means the Department of Environmental Protection. “ Discharge ” means any intentional or unintentional action or omission resulting in the releasing,

spilling, leaking, pumping, pouring, emitting, emptying or dumping of hazardous substances

into the waters or onto the lands of the State, or into waters outside the jurisdiction

of the State when damage may result to the lands, waters or natural resources within

the jurisdiction of the State. “ Engineering controls ” means any mechanism to contain or stabilize contamination or ensure the effectiveness

of a remedial action. Engineering controls may include, without limitation, caps, covers, dikes, trenches,

leachate collection systems, signs, fences and physical access controls. “ Environmental crime ” means any criminal violation of one of the following State laws: R.S.12:5-1 et seq. ; P.L.1975, c. 232 ( C.13:1D-29 et al.); the “Solid Waste Management Act,” P.L.1970, c. 39 ( C.13:1E-1 et seq. ); section 17 of P.L.1975, c. 326 ( C.13:1E-26 ); the “Comprehensive Regulated Medical Waste Management Act,” sections 1 through 25 of P.L.1989, c. 34 (C.13:1E-48.1 et seq.); P.L.1989, c. 151 ( C.13:1E-99.21a et al.); the “New Jersey Statewide Mandatory Source Separation and Recycling Act,”

P.L.1987, c. 102 ( C.13:1E-99.11 et al.); the “Pesticide Control Act of 1971,” P.L.1971, c. 176 ( C.13:1F-1 et seq. ); the “Industrial Site Recovery Act,” P.L.1983, c. 330 ( C.13:1K-6 et al.); the “Toxic Catastrophe Prevention Act,” P.L.1985, c. 403 ( C.13:1K-19 et seq. ); “The Wetlands Act of 1970,” P.L.1970, c. 272 ( C.13:9A-1 et seq. ); the “Freshwater Wetlands Protection Act,” P.L.1987, c. 156 ( C.13:9B-1 et al.); the “Coastal Area Facility Review Act,” P.L.1973, c. 185 ( C.13:19-1 et seq. ); the “Air Pollution Control Act (1954),” P.L.1954, c. 212 ( C.26:2C-1 et seq. ); the “Water Supply Management Act,” P.L.1981, c. 262 ( C.58:1A-1 et al.); P.L.1947, c. 377 ( C.58:4A-5 et seq. ); the “Spill Compensation and Control Act,” P.L.1976, c. 141 ( C.58:10-23.11 et seq. ); the “Water Pollution Control Act,” P.L.1977, c. 74 ( C.58:10A-1 et seq. ); P.L.1986, c. 102 ( C.58:10A-21 et seq. ); the “Safe Drinking Water Act,” P.L.1977, c. 224 ( C.58:12A-1 et al.); the “Flood Hazard Area Control Act,” P.L.1962, c. 19 ( C.58:16A-50 et seq. ). “ Feasibility study ” means a study to develop and evaluate options for remedial action using data gathered

during the remedial investigation to develop the objectives of the remedial action,

and to develop possible remedial action alternatives, to evaluate those alternatives

and create a list of feasible alternatives, and to analyze the engineering, scientific,

institutional, human health, environmental, and cost of each selected alternative. “ Hazardous substance ” means the “environmental hazardous substances” on the environmental hazardous substance

list adopted by the department pursuant to section 4 of P.L.1983, c. 315 ( C.34:5A-4 ); such elements and compounds, including petroleum products, which are defined as

such by the department, after public hearing, and which shall be consistent to the

maximum extent possible with, and which shall include, the list of hazardous substances

adopted by the federal Environmental Protection Agency pursuant to section 311 of

the Federal Water Pollution Control Act Amendments of 1972, Pub. L.92-500 , as amended by the Clean Water Act of 1977, Pub. L.95-217 ( 33 U.S.C. s.1251 et seq. ); the list of toxic pollutants designated by Congress or the federal Environmental

Protection Agency pursuant to section 307 of that act; and the list of hazardous

substances adopted by the federal Environmental Protection Agency pursuant to section

101 of the “Comprehensive Environmental Response, Compensation and Liability Act of

1980,” Pub. L.96-510 ( 42 U.S.C. s.9601 et seq. ); provided, however, that sewage and sewage sludge shall not be considered as hazardous

substances for the purposes of P.L.1976, c. 141 ( C.58:10-23.11 et seq. ). “ Immediate environmental concern ” means : (1) confirmed contamination in a well used for potable purposes at concentrations above the ground water remediation standards; (2) confirmed contamination that has

migrated into a structure or a confined space producing a toxic or harmful atmosphere resulting in an unacceptable

human health exposure, or producing an oxygen-deficient atmosphere, or resulting in

demonstrated physical damage to essential underground services; (3) confirmed contamination

at the site of a nature that either dermal contact, ingestion, or inhalation of the

contamination could result in an acute human health exposure; or (4) any other confirmed contamination that poses an immediate threat to the environment or to the public health and safety. “ Institutional controls ” means a mechanism used to limit human activities at or near a contaminated site,

or to ensure the effectiveness of the remedial action over time, when contaminants

remain at a contaminated site in levels or concentrations above the applicable remediation

standard that would allow unrestricted use of that property. Institutional controls may include, without limitation, structure, land, and natural

resource use restrictions, well restriction areas, and deed notices. “ Licensed site remediation professional ” means an individual who is licensed by the board pursuant to section 7 of P.L.2009, c. 60 ( C.58:10C-7 ) or the department pursuant to section 12 of P.L.2009, c. 60 ( C.58:10C-12 ). “ Limited restricted use remedial action ” means any remedial action that requires the continued use of institutional controls

but does not require the use of an engineering control. “ Person ” means an individual, public or private corporation, company, association, society,

firm, partnership, joint stock company, the State, and any of its political subdivisions

or agents. “ Person responsible for conducting the remediation ” means (1) any person who executes or is otherwise subject to an oversight document

to remediate a contaminated site, (2) the owner or operator of an industrial establishment

subject to P.L.1983, c. 330 ( C.13:1K-6 et al.), for the remediation of a discharge, (3) the owner or operator of an underground

storage tank subject to P.L.1986, c. 102 ( C.58:10A-21 et seq. ), for the remediation of a discharge, (4) any other person who discharges a hazardous

substance or is in any way responsible for a hazardous substance, pursuant to section

8 of P.L.1976, c. 141 ( C.58:10-23.11g ), that was discharged at a contaminated site, or (5) any other person who is remediating

a site. “ Preliminary assessment ” means the first phase in the process of identifying areas of concern and determining

whether contaminants are or were present at a site or have migrated or are migrating

from a site, and shall include the initial search for and evaluation of, existing

site specific operational and environmental information, both current and historic,

to determine if further investigation concerning the documented, alleged, suspected

or latent discharge of any contaminant is required. The evaluation of historic information shall be conducted from 1932 to the present,

except that the department may require the search for and evaluation of additional

information relating to ownership and use of the site prior to 1932 if such information

is available through diligent inquiry of the public records. “ Receptor evaluation ” means an evaluation of the potential impact of contamination on humans and environmentally

sensitive natural resources. “ Remedial action ” means those actions taken at a site or offsite if a contaminant has migrated or

is migrating therefrom, as may be required by the department, including the removal,

treatment, containment, transportation, securing, or other engineering or treatment

measures, whether to an unrestricted use or otherwise, designed to ensure that any

discharged contaminant at the site or that has migrated or is migrating from the site,

is remediated in compliance with the applicable health risk or environmental standards. “ Remedial action workplan ” means a plan for the remedial action to be undertaken at a site, or at any area

to which a discharge originating at a site is migrating or has migrated; a description

of the remedial action to be used to remediate a site; a time schedule and cost estimate

of the implementation of the remedial action; and any other information the department

deems necessary. “ Remedial investigation ” means a process to determine the nature and extent of a discharge of a contaminant

at a site or a discharge of a contaminant that has migrated or is migrating from the

site and the problems presented by a discharge, and may include data collected, site

characterization, sampling, monitoring, and the gathering of any other sufficient

and relevant information necessary to determine the necessity for remedial action

and to support the evaluation of remedial actions if necessary. “ Remediation ” or “ remediate ” means all actions to investigate , clean up , or respond to any known, suspected, or threatened discharge of contaminants, including the preliminary assessment, site investigation, remedial investigation, and remedial

action, or any portion thereof, provided, however, that “remediation” or “remediate” shall not include the payment

of compensation for damage to, or loss of, natural resources. “ Remediation standards ” means the combination of numeric standards that establish a level or concentration,

and narrative standards to which contaminants must be treated, removed, or otherwise

cleaned for soil, groundwater, or surface water, as provided by the department pursuant

to section 35 of P.L.1993, c. 139 ( C.58:10B-12 ) in order to meet the health risk or environmental standards. “ 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. “ Restricted use remedial action ” means any remedial action that requires the continued use of engineering and institutional

controls in order to meet the established health risk or environmental standards. “ Retained ” means hired, individually or through a firm or other person, by or on behalf of

a person responsible for conducting remediation, to perform, manage, or supervise

remediation or to periodically review and evaluate a remediation performed by other

persons. “ Site investigation ” means the collection and evaluation of data adequate to determine whether or not

discharged contaminants exist at a site or have migrated or are migrating from the

site at levels in excess of the applicable remediation standards. A site investigation shall be developed based upon the information collected pursuant

to the preliminary assessment. “ Small business ” means a business entity that does not acquire property for development or redevelopment,

and that, during the prior three tax years, employed not more than 50 full-time employees

or the equivalent thereof, and qualifies as a small business concern within the meaning

of the federal “Small Business Act,” 15 U.S.C. s.631 et seq. “ Temporary license ” means a license issued by the department pursuant to section 12 of P.L.2009, c. 60 ( C.58:10C-12 ) to conduct business as a licensed site remediation professional in the State. “ Unregulated heating oil tank ” means any one or combination of tanks, including appurtenant pipes, lines, fixtures,

and other related equipment, used to contain an accumulation of heating oil for on-site

consumption in a residential building, or those tanks with a capacity of 2,000 gallons

or less used to store heating oil for on-site consumption in a nonresidential building,

the volume of which, including the volume of the appurtenant pipes, lines, fixtures

and other related equipment, is 10 percent or more below the ground. “ Waters ” means the ocean and its estuaries to the seaward limit of the State's jurisdiction,

all springs, streams and bodies of surface or groundwater, whether natural or artificial,

within the boundaries of the State.