Status of Administrative Consent Orders
and Remediation Agreements
February 6, 2012
Parties currently conducting remediation pursuant to an Administrative
Consent Order (ACO) or a Remediation Agreement (RA) have asked
for clarification regarding the status of their ACO/RA in light
of the 2009 amendments to the Brownfield and Contaminated Site
Remediation Act. N.J.S.A. 58:10B-1.3. This notice is intended
to provide that clarification.
The Brownfield Act amendments mandate that remediation proceed
without prior Department approval and under the oversight of a
Licensed Site Remediation Professional (LSRP). This mandate applies
to parties currently conducting remediation pursuant to an ACO
or a RA.
With the exception of some RCRA, CERCLA and Federal Facilities,
all parties in any way responsible for a the remediation on a
site where a discharge was discovered prior to November 4, 2009,
including those sites with an ACO or an RA, are required to hire
an LSRP immediately if they miss a mandatory timeframe, or no
later than May 7, 2012, whichever occurs first. Additionally,
parties may choose to opt into the LSRP program prior to May 7,
2012. Upon the date that a party enters the LSRP program, the
Department will hold in abeyance all requirements in ACOs/RAs
that concern obtaining the Department’s preapproval of reports,
workplans, progress reports, and all requirements to meet ACO/RA-specific
timeframes. Parties are expected to proceed with remediation using
an LSRP in accordance with N.J.A.C. 7:26C-2.4, and to meet all
regulatory and mandatory timeframes contained in the applicable
rules, including N.J.A.C. 7:14B, N.J.A.C. 7:26B, N.J.A.C. 7:26C
and N.J.A.C. 7:26E.
For details regarding which RCRA, CERCLA and Federal Facilities
are exempted from these requirements, refer to https://www.nj.gov/dep/srp/srra/training/matrix/quick_ref/rcra_cercla_fed_facility_sites.pdf.
All other requirements of the ACO/RA remain in effect and are
not held in abeyance, including, but not limited to, requirements
for a remediation funding source (RFS), the RFS surcharge, and
stipulated penalty provisions. The person responsible for conducting
the remediation pursuant to an ACO or RA should be aware that
the ACO/RA remains in effect and will not be terminated until
remediation is complete or all remaining remediation is covered
by a remedial action permit.
Status of Administrative Consent Orders
and Remediation Agreements [pdf]
|