The Industrial Site Recovery Act (ISRA) is a unique environmental law which requires the remediation of certain business operations (site) prior to their sale or transfer or upon its cessation of on-site business operations.
Who Must Comply with ISRA?
Any person who owns the industrial establishment, owns the real property of an industrial establishment or is the operator of the industrial establishment and whose operations deal with the handling and/or storage of hazardous materials must comply with ISRA.
What is an industrial establishment?
The term industrial establishment cannot be defined without first discussing the North American Industry Classification System (NAICS). NAICS is a classification system created by the federal government to facilitate the collection of statistical information. All businesses have NAICS numbers based on the nature of their business. An industrial establishment is a business whose NAICS number is listed in Appendix C of the ISRA rule. In addition to having a listed NAICS number, the business must have operated in New Jersey on or after December 31, 1983 and business operations must involve the storage or handling of hazardous substances as defined at N.J.A.C. 7:1E, the New Jersey Spill Compensation and Control Act. Hazardous substances include petroleum products and those substances listed at Appendix A of N.J.A.C. 7:1E. To view the list of hazardous substances, see the following
New Jersey Department of Environmental Protection – List of Hazardous Substances
What if my facility is subject to ISRA?
If you determine that your facility is subject to ISRA, then you are required to perform all necessary remediation at your facility before the transfer of any property. It is all initiated through the filing of the ISRA application forms and/or reports in accordance with the Technical Requirements For Site Remediation, N.J.A.C. 7:26E, and must be done through an LSRP.