Sponsored by:
Senator ANTHONY R. BUCCO
District 25 (Morris)
SYNOPSIS
Authorizes submission of certification of remediation at unregulated heating oil tank sites by certain persons; requires use of contractors by DEP to review site remediation submissions.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning site remediation, and supplementing P.L.1993, c.139 (C.58:10B-1 et al.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Any person certified to perform services at the site of an underground storage tank or an unregulated heating oil tank pursuant to P.L.1991, c.123 (C.58:10A-24.1 et seq.) may perform remediation services at unregulated heating oil tank sites.
b. For the remediation of an unregulated heating oil tank site, the person certified to perform services at the site of an underground storage tank or an unregulated heating oil tank pursuant to P.L.1991, c.123 (C.58:10A-24.1 et seq.), may perform the remediation consistent with the requirements established in P.L.1993, c.139 (C.58:10B-1 et al.) and any rules or regulations adopted pursuant thereto. Upon completion of the remediation, the person who performed the remediation shall certify that the work was performed, that the person managed, supervised, or performed the work that is the basis of the submission, that the work and the submission conform to the technical requirements for site remediation adopted by the department, and that the remediation has been completed. The person shall transmit that certification, together with documentation that the technical requirements for site remediation have been performed, to the department. The department shall, no more than 45 days after submission of the certification, issue a no further action letter for the site, or request that the person submit additional information concerning the remediation. No more than 45 days after the submission of the requested additional information, the department shall either disapprove the remediation or issue a no further action letter for the site.
2. a. No more than 180 days after the date of enactment of this act, the department shall contract for the professional services of persons qualified to review documents submitted for departmental approval as required in the technical requirements for site remediation. The professionals shall assist the department in reviewing the documents submitted to the department for approval of a site remediation.
b. An approval issued for a submission for which a professional has assisted the department pursuant to subsection a. of this section shall be solely the responsibility of the department.
c. Any costs to the State associated with the use of the services of qualified professionals pursuant to subsection a. of this section shall be included in the oversight fees charged by the department to the person who has submitted the documents for review and approval.
3. This act shall take effect immediately.
STATEMENT
This bill would authorize persons certified to perform tank services at the site of an underground storage tank or an unregulated heating oil tank pursuant to P.L.1991, c.123 (C.58:10A-24.1 et seq.) to perform remediation services at unregulated heating oil tank sites. Upon completion of the remediation, the person would submit a certification with documentation that the remediation has been performed, and the Department of Environmental Protection would issue the no further action letter for the site within 45 days. The bill would authorize the department to request that the person submit additional information concerning the remediation. No more than 45 days after the submission of the requested additional information, the department would be required to either disapprove the remediation or issue a no further action letter for the site.
This bill would also require the department to contract for the professional services of persons qualified to review documents submitted for departmental approval as required in the technical requirements for site remediation. The professionals would assist the department in reviewing the documents submitted to the department for approval of a site remediation. The bill provides that any costs to the State associated with the use of the services of qualified professionals would be included in the oversight fees charged by the department to the person who has submitted the documents for review and approval.