 |
 |
| Title 01 Acts, Laws And Statutes | | Title 02a Administration Of Civil And Criminal Justice | | Title 03a Administration Of Estates--decedents And Others | | Title 04 Agriculture And Domestic Animals | | Title 05 Amusements, Public Exhibitions And Meetings | | Title 06 Aviation | | Title 07 Bills, Notes And Checks | | Title 09 Children--juvenile And Domestic Relations Courts | | Title 10 Civil Rights | | Title 11a Civil Service | | Title 12 Commerce And Navigation | | Title 12a Commercial Transactions | | Title 13 Conservation And Development--parks And Reservations | | Title 14 Acts Saved From Repeal | | Title 14a Corporations, General | | Title 15 Corporations And Associations Not For Profit | | Title 15a Corporations, Nonprofit | | Title 16 Corporations And Associations, Religious | | Title 17 Corporations And Institutions For Finance And Insurance | | Title 17b Insurance | | Title 18a Education | | Title 19 Elections | | Title 20 Eminent Domain | | Title 21 Explosives And Fireworks | | Title 22a Fees And Costs | | Title 23 Fish And Game, Wild Birds And Animals | | Title 24 Food And Drugs | | Title 25 Frauds And Fraudulent Conveyances | | Title 26 Health And Vital Statistics | | Title 27 Highways | | Title 28 Historic Memorials, Monuments And Sites | | Title 29 Hotels | | Title 2b Court Organization And Civil Code | | Title 2c The New Jersey Code Of Criminal Justice | | Title 30 Institutions And Agencies | | Title 31 Interest And Usury | | Title 32 Interstate And Port Authorities And Commissions | | Title 33 Intoxicating Liquors | | Title 34 Labor And Workmens Compensation | | Title 35 Legal Advertisements | | Title 36 Legal Holidays | | Title 37 Marriages And Married Persons | | Title 38 Militia--soldiers, Sailors And Marines | | Title 38a Military And Veterans Law | | Title 39 Motor Vehicles And Traffic Regulation | | Title 3b Administration Of Estates--decedents And Others | | Title 40 Municipalities And Counties | | Title 40a Municipalities And Counties | | Title 41 Oaths And Affidavits | | Title 42 Partnerships And Partnership Associations | | Title 43 Pensions And Retirement And Unemployment Compensation | | Title 44 Poor | | Title 45 Professions And Occupations | | Title 46 Property | | Title 47 Public Records | | Title 48 Public Utilities | | Title 49 Sale Of Securities | | Title 50 Shellfish | | Title 51 Standards, Weights, Measures And Containers | | Title 52 State Government, Departments And Officers | | Title 53 State Police | | Title 54 Taxation | | Title 54a New Jersey Gross Income Tax Act | | Title 55 Tenement Houses And Public Housing | | Title 56 Trade Names, Trade-marks And Unfair Trade Practices | | Title 58 Waters And Water Supply | | Title 59 Claims Against Public Entities |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > USA New Jersey |
|
USA Statutes : new_jersey
Title : TITLE 58 WATERS AND WATER SUPPLY
Chapter : 58:10B-2.
|
|
|
58:10B-2. Rules, regulations, deviations from regulations.
24. a. The department shall, pursuant to the ~Administrative Procedure Act,~ P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations establishing criteria and minimum standards necessary for the submission, evaluation and approval of plans or results of preliminary assessments, site investigations, remedial investigations, and remedial action workplans and for the implementation thereof. The documents for the preliminary assessment, site investigation, remedial investigation, and remedial action workplan required to be submitted for a remediation, shall not be identical to the criteria and standards used for similar documents submitted pursuant to federal law, except as may be required by federal law. In establishing criteria and minimum standards for these terms the department shall strive to be result oriented, provide for flexibility, and to avoid duplicate or unnecessarily costly or time consuming conditions or standards.
b. The regulations adopted by the department pursuant to subsection a. of this section shall provide that a person performing a remediation may deviate from the strict adherence to the regulations, in a variance procedure or by another method prescribed by the department, if that person can demonstrate that the deviation and the resulting remediation would be as protective of human health, safety, and the environment, as appropriate, as the department@s regulations and that the health risk standards established in subsection d. of section 35 of P.L.1993, c.139 (C.58:10B-12) and any applicable environmental standards would be met. Factors to be considered in determining if the deviation should be allowed are whether the alternative method:
(1) has been either used successfully or approved by the department in writing or similar situations;
(2) reflects current technology as documented in peer-reviewed professional journals;
(3) can be expected to achieve the same or substantially the same results or objectives as the method which it is to replace; and
(4) furthers the attainment of the goals of the specific remedial phase for which it is used.
The department shall make available to the public, and shall periodically update, a list of alternative remediation methods used successfully or approved by the department as provided in paragraph (1) of this subsection.
c. To the extent practicable and in conformance with the standards for remediations as provided in section 35 of P.L.1993, c.139 (C.58:10-12), the department shall adopt rules and regulations that allow for certain remedial actions to be undertaken in a manner prescribed by the department without having to obtain prior approval from or submit detailed documentation to the department. A person who performs a remedial action in the manner prescribed in the rules and regulations of the department, and who certifies this fact to the department, shall obtain a no further action letter from the department for that particular remedial action.
d. The department shall develop regulatory procedures that encourage the use of innovative technologies in the performance of remedial actions and other remediation activities.
e. Notwithstanding any other provisions of this section, all remediation standards and remedial actions that involve real property located in the pinelands area shall be consistent with the provisions of the ~Pinelands Protection Act,~ P.L.1979, c.111 (C.13:18A-1 et seq.), any rules and regulations adopted pursuant thereto, and with section 502 of the ~National Parks and Recreation Act of 1978,~ 16 U.S.C. s.471i.
f. Notwithstanding any other provisions of this section, all remediation standards and remedial actions that involve real property located in the Highlands preservation area shall be consistent with the provisions of the ~Highlands Water Protection and Planning Act,~ P.L.2004, c.120 (C.13:20-1 et al.), and any rules and regulations and the Highlands regional master plan adopted pursuant thereto.
L.1993,c.139,s.24; amended 1997, c.278, s.10; 2004, c.120, s.80.
58:10B-2.1 Departmental oversight of cleanup, remediation; fee, costs, certain, permitted.
1. a. In the case of an owner or operator of an industrial establishment or any other person required to perform remediation activities pursuant to P.L.1983, c.330 (C.13:1K-6 et al.), or a discharger, a person in any way responsible for a hazardous substance, or a person otherwise liable for cleanup and removal costs pursuant to subsection c. of section 8 of P.L.1976, c.141 (C.58:10-23.11g) and who does not have a defense to liability pursuant to subsection d. of that section, the fees for department oversight of the cleanup and removal of a discharge of a hazardous substance performed after the effective date of P.L.2002, c.37 may include indirect costs.
b. In the case of the remediation of a contaminated site performed by any person not subject to the provisions of subsection a. of this section, the fees for department oversight of the remediation performed after the effective date of P.L.2002, c.37 shall not include any indirect costs, but may include only those program costs directly related to the oversight of the remediation.
c. In the case of the cleanup and removal of a discharged hazardous substance at a person@s primary residence, the fees for department oversight of the remediation performed after the effective date of P.L.2002, c.37 shall not include any indirect costs, but may include only those program costs directly related to the oversight of the remediation.
d. The department shall not establish or impose a fee for the oversight of any cleanup and removal of a discharged hazardous substance or for the remediation of a contaminated site that includes direct program costs and indirect costs which together exceed seven and one-half percent of the cost of the remediation of a contaminated site or the cleanup and removal of a discharged hazardous substance.
L.2002,c.37,s.1.
|
|
|
|
