Industrial Site Recovery Act
The Industrial Site Recovery Act (ISRA) (N.J.S.A. 13:1K and N.J.A.C. 7:26B) is a fairly complex law that imposes certain preconditions on the sale, transfer, or closure of “industrial establishments” involved in the generation, manufacture, refining, transportation, treatment, storage, handling or disposal of hazardous substances or wastes.
This Act may not apply to your type of business and transaction. Therefore, the ISRA process begins with making this determination. The most important thing to note is that the provisions of ISRA only apply to industrial establishments, which meet the following three criteria:
- The place of business must have a North American Industry Classification System (NAICS) code listed in N.J.A.C. 7:26 B – Appendix C subject to the specified exceptions and limitations.
- The place of business must have been engaged in operations on or after December 31, 1983; and
- The place of business must involve the generation, manufacture, refining, transportation, treatment, storage, handling, or disposal of hazardous substances or hazardous wastes.
ISRA requires owners or operators of an industrial establishment who are planning to close or transfer ownership or operations to notify the NJDEP prior to the transaction taking place. After the submission of the notice, the owner or operator of the industrial establishment is required to retain a New Jersey Licensed Site Remediation Professional (LSRP) to proceed in the remediation process.
FEA can guide you through the process, beginning with a Preliminary Assessment and continuing through closure of the case and issuance of a Response Action Outcome (RAO).
Some waivers, exemptions or alternate compliance processes are available to businesses that meet certain specific requirements. Contact us to learn more and determine how ISRA may apply to your situation.