DES CHAMPS LABORATORIES, INC. VS. ROBERT MARTIN COMMISSIONER,
NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION A-3235-10T4
We hold that the Department of Environmental Protection lacks
the statutory authority under the Industrial Site Recovery Act of 1993
("ISRA"), N.J.S.A. 13:1K-6 to -14, or under the Site Remediation
Reform Act of 2009 ("SRRA"), N.J.S.A. 58:10C-1 to -29, to require an
owner or operator of an industrial establishment, which stored or handled only
small quantities of hazardous substances below certain levels prescribed in
N.J.S.A.
13:1K-9.7, to certify to the best of its knowledge that the
site is free from contamination as a condition of obtaining a "de minimis
quantity exemption" ("DQE") from ISRA requirements when seeking
to transfer title or to cease operations at the site. The imposition of such an
obligation as a condition of DQE approval is inconsistent with ISRA and SRRA,
statutes which are designed, among other things, to streamline the regulatory process
and, as ISRA proclaims, "minimize governmental involvement in certain
business transactions." N.J.S.A. 13:1K- 7. The Department remains free,
however, to seek remedial measures against the owner or operator under other
environmental
statutes and regulations that are not tied to the DQE approval process.
We further declare invalid similar provisions within N.J.A.C. 7:26- 5.9,
recently adopted in May 2012, requiring a "contamination free"certification
by the applicant. 07-06-12
