Site Remediation Program

Notice of Rule Proposal
Industrial Site Recovery Act, N.J.A.C. 7:26B

Public Notice
Take notice that the NJ Department of Environmental Protection is proposing a readoption without amendments of the Industrial Site Recovery Act rules (ISRA), N.J.A.C. 7:26B.

The Industrial Site Recovery Act (“ISRA or the Act”) was originally known as the Environmental Cleanup Responsibility Act, N.J.S.A. 13:1K-6 et seq., and was signed into law on June 16, 1993.  The purpose of the Act is to protect the public health and safety, and the environment by encouraging efficient and timely remediation of contaminated industrial establishments.  The Act requires that the owners and operators of these industrial establishments remediate the contamination to the Department’s satisfaction prior to transferring or closing the industrial establishment.  The Industrial Site Recovery Act rules (ISRA rules),  N.J.A.C. 7:26B, which implement ISRA, became effective on December 21, 1987.  The ISRA rules require owners and operators of an industrial establishment to obtain a no further action letter from the Department, or Departmental approval of a remedial action workplan or remediation agreement as a precondition for the closing of operations or transferring of ownership or operations at these facilities. The ISRA rules were scheduled to expire on February 24, 2009 pursuant to N.J.S.A. 52:14B-5.1 et seq. This expiration date was extended by 180 days to August 24, 2009 pursuant to N.J.S.A. 52:14B-5.1 as a result of the timely filing of the proposal to readopt the rules.

On March 16, 2009, the New Jersey Legislature passed A2962 to be known as the Site Remediation Reform Act.  The Department anticipates that the Governor sign this bill into law this spring. A2962 requires all persons responsible for conducting the remediation of a contaminated site (except for the remediation of discharges from unregulated underground storage tanks) to utilize the services of a Licensed Site Remediation Professional (LSRP). The LSRPs will be required to demonstrate that they have the requisite knowledge and experience in remediating contaminated sites in New Jersey, will have to pass a rigorous exam concerning regulations and other requirements that describe remediating contaminated sites so that they are protective of public health, safety and the environment, and will be held to a strict code of conduct. The legislation will substantially change the process of remediating sites in New Jersey, including sites being remediated pursuant to the ISRA rules. Therefore, the Department has decided to readopt the ISRA rules without change at this time in anticipation of the enactment of the legislation establishing the LSRP program.

The proposal is scheduled to be published in the New Jersey Register dated April 6, 2009.  A copy of the proposal(PDF) is available from the Department’s website, or may be purchased from Lexis/Nexis at www.lexisnexis.com/bookstore.

Written comments may be submitted by June 5, 2009 to:

NJ Department of Environmental Protection
Leslie Ledogar, Esq.
ATTN: DEP Docket No. 03-09-02/651
Office of Legal Affairs
PO Box 402
Trenton, New Jersey 08625