{"data":{"id":"us-nj/n.j.-stat.-58-10c-28","jurisdiction":"us-nj","citation":"N.J. Stat. § 58:10C-28","heading":"Establishment of mandatory remediation timeframes.","body":"28. a. The department shall establish mandatory remediation timeframes, and expedited site specific timeframes when necessary, to protect the public health and safety and the environment, for each of the following:\n(1)\ta receptor evaluation;\n(2)\tcontrol of ongoing sources of contamination;\n(3)\testablishment of interim remedial measures;\n(4)\taddressing immediate environmental concern conditions;\n(5)\tthe performance of each phase of the remediation including preliminary assessment, site investigation, remedial investigation and remedial action;\n(6)\tcompletion of remediation; and\n(7)\tany other activities deemed necessary by the department to effectuate timely remediation.\nb.\tIn establishing remediation timeframes pursuant to subsection a. of this section, the department shall take the following into account:\n(1)\tthe potential risk to the public health, safety, and the environment;\n(2)\tthe results of the receptor evaluation;\n(3)\tthe ongoing industrial or commercial operations at the site;\n(4)\twhether, for operating industrial or commercial facilities, there are no releases of contamination to the groundwater or surface water from the site; and\n(5)\tthe complexity of the contaminated site.\nc.\tThe department shall grant an extension to a mandatory remediation timeframe as a result of:\n(1)\ta delay by the department in reviewing or granting a permit, provided that there was a timely filing of a technically and administratively complete permit application;\n(2)\ta delay in the provision of State funding for remediation, provided that there was a timely filing of a technically and administratively complete application for funding; or\n(3)\ta delay by the department for an approval or permit required for long-term operation, maintenance and monitoring of an engineering control at the site provided the request for approval or permit application is technically and administratively complete.\nd.\tThe department may grant an extension to a mandatory remediation timeframe on a case-by case basis as a result of:\n(1)\ta delay in obtaining access to property, provided the person responsible for conducting the remediation demonstrates that good faith efforts have been undertaken to gain access, access has not been granted by the property owner, and, after good faith efforts have been exhausted, a complaint was filed with the Superior Court to gain access, in accordance with applicable rules and regulations;\n(2)\tother circumstances beyond the control of the person responsible for conducting the remediation, such as fire, flood, riot, or strike; or\n(3)\tother site-specific circumstances that may warrant an extension as determined by the department.\nL.2009, c.60, s.28.","path":["TITLE 58 WATERS AND WATER SUPPLY"],"source_url":"https://pub.njleg.state.nj.us/statutes/STATUTES-TEXT.zip","current_through":"P.L.2025, c.405, and J.R.22","vintage":"","retrieved_at":"2026-08-27T17:54:13Z","sha256":"e69ebbc5ae53061958986c66492e8794c81485845f35f6aa83298f5ee2310b5c","source_id":"us-nj","stale":true,"prev":"us-nj/n.j.-stat.-58-10c-27.1","next":"us-nj/n.j.-stat.-58-10c-29"},"notice":"GroundRules: Original legal text. Not legal advice."}