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Is my business subject to ISRA?

Apr 13, 2022 10:34:00 AM / by David C Sulock

NJ ISRA: The ISRA process begins with determining if the Act applies to your type of business and transaction. The provisions of ISRA only apply to industrial establishments. What is an industrial establishment? The term "industrial establishment" refers to the type of business operation and transactions that would subject a facility to review under ISRA. An industrial establishment must meet each of the following three criteria: The place of business or real property at which such business is conducted, having 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, manufacturer, refining, transportation, treatment, storage, handling, or disposal of hazardous substances or hazardous wastes.

What is ISRA?

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. Industrial Establishment is the defined term in the ISRA rule that describes those businesses regulated under ISRA.  Compliance with ISRA begins at the time of specified triggering events. 

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 must comply with ISRA.   Kind of vague

ISRA Question?  Call 888-301-1050

Aside from NJDEP notification of the ISRA occurring, you will start an environmental audit of the property called a Preliminary Assessment or PA.  The purpose of a PA is to conduct a site assessment that meets the diligent inquiry requirements of the Technical Requirements for Site Remediation (TRSR) at N.J.A.C. 7:26E-3.1 and 3.2 to determine if there may be any potentially contaminated areas of concern (AOC) located on the subject site that require further investigation.  What does that mean, imagine getting all the doctors you deal with (eye, dentist, surgeon, general practitioner, etc.) and having them inspect you, yep that's what a PA is.   Now the PA is historical  assessment and current site conditions assessment which like going to your doctor may lead to testing.


Is my business subject to ISRA?           what is ISRA

Recognized Environmental Concerns (REC)

A REC is defined as “the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property due to (1) any release to the environment, (2) under conditions indicative of a release to the environment, or (3) under conditions that pose a material threat of a future release to the environment

Everything you wanted to  know about ISRA but were afraid to ask.

ISRA Overview



David C Sulock

Written by David C Sulock

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