[SRRA]: Public Notice for Proposed Modifications to Direct Oversight

The New Jersey Department of Environmental Protection (Department) would like to announce the process for public notice when the Department proposes modifications to the requirements for Direct Oversight as set forth in the Administrative Requirements for the Remediation of Contaminated Sites (ARRCS) at N.J.A.C. 7:26C-14.2.

Pursuant to the Site Remediation Reform Act (SRRA) at N.J.S.A. 58:10C-27g(2), the Department will publish a written determinations for sites where modifications are being proposed to Direct Oversight requirements. This written determination will include the reasons why proposed modifications to Direct Oversight are in the public's interest and protective of public health, safety and the environment.

In accordance with SRRA, the notices will be posted to the Department's website at www.nj.gov/dep/srp/legal/, and the public is invited to comment on these notices during a 30-day public comment period. The Department will consider all comments received prior to making a final modification; any modifications will not be finalized until at least 60 days following the initial posting. When finalized, modifications will be memorialized in an Administrative Consent Order.

Please note that the Department will not be sending listservs every time it determines to modify Direct Oversight requirements. Interested parties may wish to periodically visit the Department's website for these notices. These notices will be removed from the Department's website once the public comment period closes. Ordered Parties entering into Administrative Consent Orders that include modifications to Direct Oversight will receive separate notice from the Department of the web posting.

Note that pursuant to SRRA these public notices are not required when Direct Oversight requirements are modified: for a demonstration of financial hardship resulting from Direct Oversight [see N.J.S.A. 58:10C-27g(1)(a)], for sites involving a public emergency resulting in a missed timeframe triggering Direct Oversight [see N.J.S.A. 58:10C-27g(1)(b)], or if a prospective purchaser is assuming responsibility for the remediation of a site in Direct Oversight [see N.J.S.A. 58:10C-27g(3)].

SRP Site Remediation Reform Act (SRRA) Web site: www.nj.gov/dep/srp/

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