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Remediation Funding Source Remediation Certifications

 

Remediation Certifications

Effective November 3, 2009, in conjunction with the passage of the Site Remediation Reform Act N.J.S.A. 58:10C – 1 et seq. (“SRRA”), the Department no longer accepts or processes Remediation Agreements or Remediation Agreement Amendments to allow transactions to occur under the Industrial Site Recovery Act (“ISRA”). An owner or operator of an industrial establishment that triggers ISRA who wishes to proceed to transfer ownership prior to obtaining a full site Response Action Outcome must submit a Remediation Certification.

The Remediation Certification form identifies the transaction occurring, the ISRA subject owner(s) and operator(s) and the party(ies) agreeing to be responsible to conduct the remediation. The regulations for Remediation Certifications can be found at N.J.A.C. 7:26B-3.3.

This form must be completed by the owner or operator of the industrial establishment. No fee is required. A separate form must be completed for each triggering event that occurs. Multi-tenant site(s) need only complete one form.

The Remediation Certification form must be accompanied by a Remediation Funding Source (RFS) prepared and submitted in accordance with N.J.A.C. 7:26C-5. The amount of the remediation funding source may be determined in one of two ways: 1) provide a detailed estimate, prepared and certified by a Licensed Site Remediation Professional, of the cost of the remediation, including the Department’s fees and oversight costs and the estimated cost to operate, maintain and inspect anticipated engineering controls; or 2) if a Preliminary Assessment/Site Investigation (PA/SI) has not been completed, the Department will accept the following surrogate amounts:

  • No contaminant information known about the site: minimum acceptable surrogate cost estimate: $100,000.00
  • Known ground water contamination at the site: $250,000.00

Because the Remediation Certification and RFS may be submitted immediately after the ISRA trigger, and because the trigger and submittal may therefore precede the retention of a LSRP, when the surrogate amount is used a LSRP certification is not required. However, the surrogate amount must be replaced with a detailed estimated cost of the remediation, prepared and certified by a LSRP and based upon site specific information, within 30 calendar days of completion of the PA/SI.

The Department will not be issuing approvals of the Remediation Certifications. The transaction may proceed to closing upon submission of the Remediation Certification form and RFS to the Department.

If you have any questions about the Remediation Certification Form or the information above, please contact:

Cathy Gross
609-292-7489
Catherine.Gross@dep.nj.gov

If you have any questions about the Remediation Funding Source please contact:

Tina Layre
609-292-0989
Tina.Layre@dep.nj.gov

Remediation Certification Forms and Remediation Funding Sources must be sent to:

Bureau of Case Assignment & Initial Notice
New Jersey Department of Environmental Protection
Site Remediation Program
401 East State Street, PO Box 434
Trenton, NJ 08625