List of Biennial Certification Requirement Violators

(For complete list, please click on the following report Biennial Certifications Overdue)

New Jersey laws governing the remediation of contaminated sites allow for contamination to remain on site above the applicable remediation standard provided measures are in place to ensure the remedy remains protective. These measures can include caps, deed restrictions and ground water Classification Exception Areas. As a condition of the DEP’s approval of these remedies, property owners must monitor site conditions and submit a Biennial Certification to the DEP every two years. Failure to submit Biennial Certifications is a violation subject to penalties (see the original enforcement alert)

The table below identifies the applicable requirements, schedule for submittal and base penalty applicable for every day of non-compliance

Requirement	N.J.A.C. 7:26E	Schedule	Type of Violation	Grace Period	Base Penalty
Submit biennial certification & monitoring report for DN	8.5(c)1-3	Every 2 years on anniversary of establishment	Non-Minor	None	$8000
Submit biennial certification & monitoring report for CEA	8.6(c)1-3	Every 2 years on anniversary of establishment	Non-Minor	None	$8000

The following is a list of cases that the Department has determined are not in compliance with biennial certification requirements. This list does not reflect all sites that may be subject to future enforcement actions. Sites may be added or deleted from the list as the Department completes its compliance evaluation.

The list includes acronyms to designate lead bureaus. Definition of these acronyms and contact telephone numbers follow:

BCM Bureau of Case Management 609-633-1455

BDC Bureau of Design and Construction 609-984-2991

BFO-N Bureau of Field Operations – North 973-631-6401

BFO-S Bureau of Field Operations – South 609-584-4150

BISR Bureau of Industrial Site Remediation (Formerly BNCM) 609-777-0899

BUST Bureau of Underground Storage Tanks (Formerly BSCM) 609-292-8761

OBR Office of Brownfield Reuse 609-292-1251

BOMM Bureau of Operation, Monitoring and Maintenance 609-984-3081

DISCLAIMER: The information contained in this site is the best available according to the procedures and standards of each of the contributing programs. The Department's programs are regularly maintaining the information in their databases, in order to maintain the quality and timeliness of the data. However, unintentional inaccuracies may occur. The Department has made every effort to present the information in a clear and understandable way for a variety of users. However, we cannot be responsible for the misuse or misinterpretation of the information presented by this system. Therefore, under no circumstances shall the State of New Jersey be liable for any actions taken or omissions made from reliance on any information contained herein from whatever source nor shall the State be liable for any other consequences from any such reliance.