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 Results for ("N.J.S.A. 13:1k-9")   1 to 15 of 20 results. Run time: 0.767 seconds | Search time: 0.760 seconds    
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1 DES CHAMPS LABORATORIES, INC v. ROBERT MARTIN -- rank: 1000
... of appellant terminating its operations at the Livingston site. See N.J.S.A. 13:1K-9. Appellant also submitted, in connection with its planned cessation of ... Department a DQE affidavit from Mr. Des Champs, pursuant to N.J.S.A. 13:1K-9.7 and former N.J.A.C. 7:26B-2 ... the Legislature included within ISRA a specific DQE provision. See N.J.S.A. 13:1K-9.7. However, unlike the revised DQE regulations previously adopted in ... 1989 by the Department under ECRA, the statutory DQE provision, N.J.S.A. 13:1K-9.7, did not specify that applicants for a DQE must ... aggregate, hydraulic or lubricating oil, does not exceed 220 gallons . [ N.J.S.A. 13:1K-9.7 (emphasis added).] Similarly, DQE regulations thereafter issued pursuant to ... not impose such conditions within the DQE provisions codified at N.J.S.A. 13:1K-9.7. Nothing in the legislative history of ISRA states ...
docket: a3235-10
court: NJ Superior Court Appellate Division
decided: 2012-07-06
status: published
citation: 427 N.J.Super. 84 47 A.3d 25
Document Size: 79786
2 NAVILLUS GROUP, GENERAL INC v. ACCUTHERM INCORPORATED -- rank: 911
... property owner's obligations under ISRA to remediate the site. N.J.S.A. 13:1K-9.1 provides: Upon the date set for the sale of ... site is triggered by the sale of a tax certificate, N.J.S.A. 13:1K-9(b)(1), and continues thereafter, N.J.S.A. 13 ... the tax sale certificate. Consequently, there is no basis in N.J.S.A. 13:1K-9.1 for treating a tax foreclosure judgment as a "transfer ... to redemption of properties on which industrial establishments are located, N.J.S.A. 13:1K-9.2 to -9.6, which are superimposed upon their rights ... responsibilities. However, ISRA does not include any provisions comparable to N.J.S.A. 13:1K-9.2 to -9.6 relating to the rights and responsibilities ... or operations" to promptly notify the DEP of that intent, N.J.S.A. 13:1K-9(a), and then to "remediate the industrial establishment," N. ...
docket: a0568-09
court: New Jersey Superior Court Appellate Division
decided: 2011-08-11
status: published
citation:
Document Size: 44305
3 NAVILLUS GROUP, GENERAL INC v. ACCUTHERM INCORPORATED -- rank: 911
... property owner's obligations under ISRA to remediate the site. N.J.S.A. 13:1K-9.1 provides: Upon the date set for the sale of ... site is triggered by the sale of a tax certificate, N.J.S.A. 13:1K-9(b)(1), and continues thereafter, N.J.S.A. 13 ... the tax sale certificate. Consequently, there is no basis in N.J.S.A. 13:1K-9.1 for treating a tax foreclosure judgment as a "transfer ... to redemption of properties on which industrial establishments are located, N.J.S.A. 13:1K-9.2 to -9.6, which are superimposed upon their rights ... responsibilities. However, ISRA does not include any provisions comparable to N.J.S.A. 13:1K-9.2 to -9.6 relating to the rights and responsibilities ... or operations" to promptly notify the DEP of that intent, N.J.S.A. 13:1K-9(a), and then to "remediate the industrial establishment," N. ...
docket: a4754-08
court: New Jersey Superior Court Appellate Division
decided: 2011-08-11
status: Published
citation: 422 N.J.Super. 169 27 A.3d 973
Document Size: 43536
4 R&K ASSOCIATES, LLC v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 825
... does not specifically define "previous owner," that phrase appears in N.J.S.A. 13:1K-9.2, which provides that the "acquiring of title to an ... of the modifier "previous" before the defined term "owner" in N.J.S.A. 13:1K-9.2 arguably buttresses the claim of the DEP and R ... as only a "current owner" of the property. In addition, N.J.S.A. 13:1K-9 – which sets forth the methods to achieve ISRA compliance ... of operation or transfer of business – as well as N.J.S.A. 13:1K-9.7, which sets forth the DQE as an alternative to ISRA compliance, both employ the term "owner." Pursuant to N.J.S.A. 13:1K-9(c), "[t]he owner or operator of an industrial establishment ... certified by a licensed site remediation professional." (emphasis added). Additionally, N.J.S.A. 13:1K-9.7 states that "[t]he owner or operator of ...
docket: a4177-14
court: NJ Superior Court Appellate Division
decided: 2017-04-10
status: unpublished
citation:
Document Size: 61379
5 IN RE APPEAL OF THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION'S SEPTEMBER 6, 2022 DENIAL OF REQUEST FOR ADJUDICATORY HEARING -- rank: 801
... operations or transfer ownership or operation of the industrial establishment. N.J.S.A. 13:1K-9(a). Before doing so, ISRA requires the owner or operator ... remediate its industrial establishment and obtain a final remediation document. N.J.S.A. 13:1K-9(b). To expedite transfers and cessations of contaminated industrial sites ... exempt the owner or operator from its statutory obligation under N.J.S.A. 13:1K-9(b) to remediate the industrial establishment but acknowledges remediation at ... No. E20060211 to become non-compliant with the requirements of N.J.S.A. 13:1K-9(e)(3). In addition, NJDEP determined the Site's 2019 ...
docket: a0511-22
court: NJ Superior Court Appellate Division
decided: 2022-00-06
status: Published
citation:
Document Size: 27732
6 R&K ASSOCIATES LLC v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 724
... Champs submitted to the DEP a DQE affidavit, pursuant to N.J.S.A. 13:1K-9.7 and former N.J.A.C. 7:26B-2 ... responsible for contamination would potentially be made more difficult. 6 N.J.S.A. 13:1K-9.7; see also Des Champs I , supra , 427 N.J ... of hazardous materials at the establishment never exceed certain thresholds. N.J.S.A. 13:1K-9.7. 4 ECRA refers to the Environmental Cleanup Responsibility Act ...
docket: a0413-12
court: NJ Superior Court Appellate Division
decided: 2013-05-16
status: unpublished
citation:
Document Size: 41626
7 CD&L REALTY, LLC v. THE STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 668
... complaint. Owens also failed to comply with the requirement of N.J.S.A. 13:1K-9(a) (requiring an owner or operator of an industrial establishment ... discretionary review of the purchase and sale agreement, pursuant to N.J.S.A. 13:1K-9. Third, DEP has failed to execute ministerial duties under the ... 2000 agreement was a ministerial duty ignored by DEP, citing N.J.S.A. 13:1K-9(a) and N.J.A.C. 7:26B-1.7 ... J.R. 1339(b) (May 7, 2012). We recognize that N.J.S.A. 13:1K-9(a) requires owners and operators of an industrial establishment who ...
docket: a4066-13
court: NJ Superior Court Appellate Division
decided: 2015-07-30
status: unpublished
citation:
Document Size: 46865
8 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION SITE REMEDIATION COMPLIANCE AND ENFORCEMENT v. HOOD FINISHING PRODUCTS INC KASNER -- rank: 641
... establishment to notify DEP before closing, selling, or transferring operations. N.J.S.A. 13:1K-9(a). Owners and operators must then "remediate the industrial establishment ... with criteria, procedures, and time schedules established by the [DEP]." N.J.S.A. 13:1K-9(b)(1). It is undisputed that Hood's operation at ... required to give notice and engage in remediation under ISRA. N.J.S.A. 13:1K-9. The GIN submitted by Hood and the GIN and PAR ...
docket: a3955-14
court: NJ Superior Court Appellate Division
decided: 2016-11-03
status: unpublished
citation:
Document Size: 21488
9 HANDY HARMAN, v. BEAZLEY USA SERVICES, INC -- rank: 639
... no longer necessary, or the agency approves a Cleanup Plan. N.J.S.A. 13:1K-9(b) (1989). Handy & Harman entered into an Administrative Consent Order ... involuntary—and in turn mandatory—the whole process was. See N.J.S.A. 13:1K-9(b). We conclude this is a demand—not simply a ...
docket: a2068-20
court: NJ Superior Court Appellate Division
decided: 2023-03-02
status: Unpublished
citation:
Document Size: 29915
10 DORINE INDUSTRIAL PARK PARTNERSHIP v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 618
... outcome (RAO) reports. N.J.S.A. 13:1K-8; N.J.S.A. 13:1K-9(b)(3). At each stage, the responsible party's consultant ... negotiations with respect to acceptability of the workplans and outcomes. N.J.S.A. 13:1K-9. Persons remediating an industrial establishment under ISRA were required to ...
docket: a1214-20
court: NJ Superior Court Appellate Division
decided: 2023-03-16
status: Unpublished
citation:
Document Size: 42092
11 Badische Corp v. Kearny -- rank: 615
... S.A. 13:1K-6, et seq. As provided in N.J.S.A. 13:1K-9, the plant closure triggered the application of ECRA. Pursuant thereto ... A. 13:1K-8 and was subject to ECRA. 3 N.J.S.A. 13:1K-9 provides: a. The owner or operator of an industrial establishment ...
docket: 04702-92
court:
decided: 1994-07-26
status:
citation: 14 N.J. Tax 219
Document Size: 66710
12 Morristown Associates v. Grant Oil Co. -- rank: 591
... immediate past owner or operator of the industrial establishment.” N.J.S.A. 13:1K-9.3. ISRA contains no statute of limitations. Noting that ISRA ...
docket: A-38-13
court: NJ Supreme Court
decided: 2015-01-26
status:
citation: 220 N.J. 360 106 A.3d 1176
Document Size: 100635
13 NJDEP V. ALDEN LEEDS, INC. -- rank: 582
... the owner of property without regard to fault or causation. N.J.S.A. 13:1K-9. The ECRA was enacted in 1983, L. 1983, c. 330 ...
docket: a-50-97
court: njsupreme
decided: 1998-03-12
status:
citation: 153 N.J. 272
Document Size: 46036
14 DRYTECH, INC v. THE STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 550
... discharge, the DEP's approval of a remedial action plan. N.J.S.A. 13:1K-9. Once the environmental concern was remediated to the DEP's ...
docket: a5619-14
court: NJ Superior Court Appellate Division
decided: 2016-12-29
status: unpublished
citation:
Document Size: 27304
15 RK ASSOCIATES, LLC v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION SITE REMEDIATION COMPLIANCE AND ENFORCEMENT and DES CHAMPS LABORATORIES INC -- rank: 502
... quantity exemption ('DQE') under the Industrial Site Recovery Act ('ISRA'), N.J.S.A. 13:1K-9.7, and the associated ISRA regulations, N.J.A.C ... January 2009, Des Champs applied for a DQE pursuant to N.J.S.A. 13:1K-9.7, seeking an exemption from the strict liability remediation requirements ...
docket: a1475-18
court: NJ Superior Court Appellate Division
decided: 2019-11-19
status: Unpublished
citation:
Document Size: 25976
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