BROWNFIELD ACT N.J.S.A. 58:10B
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remediation standards would not be protective, or would be unnecessarily overprotective, of
public health or safety or of the environment, as appropriate.
g. The development, selection, and implementation of any remediation standard or remedial
action shall ensure that it is protective of public health, safety, and the environment, as
applicable, as provided in this section. In determining the appropriate remediation standard or
remedial action that shall occur at a site, the department and any person performing the
remediation, shall base the decision on the following factors:
(1) Unrestricted use remedial actions, limited restricted use remedial actions and
restricted use remedial actions shall be allowed except that unrestricted use remedial actions
and limited restricted use remedial actions shall be preferred over restricted use remedial
actions. For any remediation initiated one year after the date of enactment of P.L.2009, c.60
(C.58:10C-1 et al.), the department shall require the use of an unrestricted use remedial
action, or a presumptive remedy or an alternative remedy as provided in paragraph (10) of
this subsection, at a site or area of concern where new construction is proposed for residential
purposes, for use as a child care center licensed pursuant to P.L.1983, c.492 (C.30:5B-1 et
seq.), or as a public school or private school as defined in N.J.S.18A:1-1, as a charter school
established pursuant to P.L.1995, c.426 (C.18A:36A-1 et seq.), or where there will be a
change in the use of the site to residential, child care, or public school, private school, or
charter school purposes or another purpose that involves use by a sensitive population. For
any remediation initiated on or after the date of enactment of P.L.2009, c.60 (C.58:10C-1 et
al.), the department may require the use of an unrestricted use remedial action or a
presumptive remedy as provided in guidelines adopted pursuant to paragraph (10) of this
subsection for a site or area of concern that is to be used for residential, child care, or public
school, private school, or charter school purposes or another purpose that involves use by a
sensitive population. Except as provided in this subsection, and section 27 of P.L.2009, c.60
(C.58:10C-27), the department, however, may not disapprove the use of a restricted use
remedial action or a limited restricted use remedial action so long as the selected remedial
action meets the health risk standard established in subsection d. of this section, and where,
as applicable, is protective of the environment. Except as provided in this subsection and
section 27 of P.L.2009, c.60 (C.58:10C-27), the choice of the remedial action to be
implemented shall be made by the person responsible for conducting the remediation in
accordance with regulations adopted by the department and that choice of the remedial action
shall be approved by the department if all the criteria for remedial action selection
enumerated in this section, as applicable, are met. Except as provided in section 27 of
P.L.2009, c.60 (C.58:10C-27), the department may not require a person to compare or
investigate any alternative remedial action as part of its review of the selected remedial
action. The department may disapprove the selection of a remedial action for a site on which
the proposed remedial action will render the property unusable for future redevelopment or
for recreational use;
(2) Contamination may, upon the department’s approval, be left onsite at levels or
concentrations that exceed the minimum soil remediation standards for residential use if the
implementation of institutional or engineering controls at that site will result in the protection
of public health, safety and the environment at the health risk standard established in