58:10C-21 - Inspection of documents, information; review
58:10C-21 Inspection of documents, information; review.
21. a. The department shall inspect all documents and information submitted by a licensed site remediation professional concerning a remediation upon receipt. The department may provide additional review of any document submitted for the remediation of a contaminated site upon a determination that: (1) the licensed site remediation professional did not comply with the provisions of section 16 of P.L.2009, c.60 (C.58:10C-16); (2) any deficiencies, errors or omissions will result in an inability to determine if the remediation is protective of the public health, safety, or the environment; or (3) the remediation will not be protective, of the public health, safety, or the environment.
b.The department shall perform additional review of any document, or shall review the performance of a remediation, if:
(1)the contamination at the site poses a significant detrimental impact on public health, safety, or the environment as determined by a receptor evaluation or the site is ranked by the department in the category requiring the highest priority pursuant to the ranking system developed pursuant to section 2 of P.L.1982, c.202 (C.58:10-23.16);
(2)the contamination at the site may affect a licensed child care center, school or other sensitive population;
(3)the contaminated site is located in a low-income community of color that has a higher density of contaminated sites and permitted discharges with the potential for increased health and environmental impacts, as compared to other communities; or
(4)State grants or loans are being used to remediate the site or area of concern.
c.The department may perform additional review of any document, or may review the performance of a remediation, if:
(1)the site or a portion thereof is in a brownfield development area or other economic development priority area;
(2)the remediation is subject to federal oversight;
(3)the person responsible for conducting the remediation or the licensed site remediation professional conducting the remediation has been out of compliance with P.L.2009, c.60 (C.58:10C-1 et al.), P.L.1993, c.139 (C.58:10B-1 et al.), P.L.1986, c.102 (C.58:10A-21 et seq.), P.L.1983, c.330 (C.13:1K-6 et al.), or P.L.1976, c.141 (C.58:10-23.11 et seq.), or any rules and regulations adopted pursuant to those laws;
(4)the contaminated site has had an impact on a natural resource;
(5)an oversight document, administrative order or remediation agreement is in effect for the contaminated site that requires department review and approval of submissions;
(6)there is substantial public interest in the contaminated site;
(7)the person responsible for conducting the remediation has proposed the use of alternative or site specific remediation standards for the contaminated site;
(8)the remediation requires the issuance of a permit by the department;
(9)the use of the contaminated site is changing from any use to residential or mixed use;
(10) the submission may not be in compliance with any rules and regulations applicable to contaminated site remediation; or
(11) the remediation may not be protective of the public health, safety, or the environment.
d.The licensed site remediation professional and the person responsible for conducting the remediation shall provide any data, documents or other information as requested by the department to conduct a review of the remediation pursuant to this section.
e.Unless directed otherwise by the department, the person responsible for conducting the remediation and the licensed site remediation professional may continue to conduct the remediation while the department conducts any inspection or additional review of documents pursuant to this section.
f.The department shall, at a minimum, provide additional review pursuant to this section of at least 10 percent of all documents submitted annually by licensed site remediation professionals.
L.2009, c.60, s.21.