reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 5 - REMEDIAL ACTION › Section 7:26E-5.4 - Remedial action requirements for historic fill material

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notwithstanding the presumptive remedies for residences, schools, and child care centers required pursuant to 7:26E-5.3(a), there is a rebuttable presumption pursuant to N.J.S.A. 58:10B-12h that the remedial action for soil contamination associated with historic fill material is the establishment of engineering and institutional controls pursuant to N.J.A.C. 7:26C-7.
(b) The ground water classification exception area established pursuant to 7:26E-4.7(b)  shall remain effective indefinitely. However, a ground water remedial action permit is not required for the ground water classification exception area.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 5 - REMEDIAL ACTION › Section 7:26E-5.5 - Remedial action workplan requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation shall prepare and submit to the Department prior to implementation, a remedial action workplan for each area of concern requiring a remedial action, unless a final remediation document for unrestricted use is filed with the Department within one year after the earliest applicable requirement to remediate, pursuant to N.J.A.C. 7:26C-2.2.
(b) The person responsible for conducting the remediation shall include the following in each remedial action workplan for each area of concern:
1. A summary of the findings and recommendations from the remedial investigation report prepared pursuant to 7:26E-4.9;
2. A description of any interim remedial measures previously implemented;
3. The identification of each area of concern where the remedial action will be implemented, including:
i. The horizontal and vertical extent of the area to be remediated correlated to the extent of contamination; and
ii. The volume of the contamination to be treated or removed for each environmental medium;
4. A detailed description of the remedial action and the remedial technology to be used for the area of concern, including the results of any bench scale, pilot test or design studies;
5. Identification of all applicable remediation standards;
6. A plan to evaluate the effectiveness of the remedial action;
7. A perimeter air monitoring and action plan to be implemented during a remedial action, if applicable, designed to monitor and control off-site excursion of dust, vapor and odors;
8. A list of all required permits;
9. A fill use plan that complies with 7:26E-5.2, if applicable;
10. A plan to restore the site after implementing the remedial action, if applicable; and
11. The proposed completion date of the remedial action and a schedule of the remedial action for the initiation and completion of each remedial action task, pursuant to the required regulatory timeframe at 7:26E-5.8.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 5 - REMEDIAL ACTION › Section 7:26E-5.6 - Permit identification and requirements for discharge to ground water proposals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting remediation shall request or apply for and obtain all required permits, authorizations, or approvals prior to initiating the activity requiring the permit, permit modification, authorization, or approval.
(b) For each discharge to ground water that is subject to the New Jersey Pollutant Discharge Elimination System permit-by-rule at N.J.A.C. 7:14A-7.5(b), the person responsible for conducting the remediation shall submit a discharge to ground water proposal with a completed form found on the Department's website at
www.nj.gov/dep/srp/srra/forms
. The person responsible for conducting remediation shall include in each such submission the information listed at N.J.A.C. 7:26E-1.6(a)1  and 2 and, if the person responsible for conducting the remediation does not own the property where any discharge will occur, include the name and address of each owner of that property, and information documenting that each owner of such property has provided legal access to the property for the purpose of allowing such discharges to proceed. The person responsible for conducting the remediation shall also include the following in the submission:
1. Either of the following:
i. A summary of the remedial investigation in the area of the proposed discharge, completed as of the date of the discharge to ground water proposal, including the ground water flow direction and the nature, type, concentrations, and extent of contamination, and the information listed at N.J.A.C. 7:26E-1.6(b)1, 2, 3, 6, 7, 8, and 10, as well as all data collected and maps or reports prepared as of the date of the discharge to ground water proposal to fulfill the requirements of N.J.A.C. 7:26E-4.3(a)1  through 6, as it relates to the area of the proposed discharge and any areas of concern that will or may be impacted by the discharge; or
ii. A copy of a remedial investigation report that includes the information listed in (b)1i above and a complete set of the most recent sampling data available;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 5 - REMEDIAL ACTION › Section 7:26E-5.7 - Remedial action report requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation shall implement the remedial action and submit to the Department a remedial action report, along with a form found on the Department's website at
www.nj.gov/dep/srp/srra/forms,
, pursuant to (b) below, and according to the applicable regulatory timeframe in 7:26E-5.8.
(b) The person responsible for conducting the remediation shall present and discuss in the remedial action report all of the information identified or collected pursuant to 7:26E-5.1 through 5.6, along with all of the following:
1. The general reporting requirements in 7:26E-1.6;
2. A presentation and discussion of all of the information identified or collected, pursuant to 7:26E-1.10 through 1.16 and an updated receptor evaluation on a form found on the Department's website at
www.nj.gov/dep/srp/srra/forms,
;
3. A summary of the findings and recommendations for each area of concern from the remedial investigation report prepared pursuant to 7:26E-4.9;
4. A description, by area of concern, of each remedial action implemented;
5. A list, by remedial action, of the remediation standards that apply to each remedial action;
6. Documentation, by area of concern, that each remedial action is effective in protecting the public health and safety and the environment by:
i. Providing an overview of the data to establish the remedial action is operating as designed; or
ii. Demonstrating compliance with the applicable remediation standards;
7. A remedial action permit application prepared pursuant to N.J.A.C. 7:26C-7, if applicable;
8. "As-built" diagrams for any permanent structures associated with the remedial action including, without limitation, caps or other structures associated with the remedial action and engineering controls, if applicable;
9. A detailed description of site restoration activities, if applicable;
10. The total remediation costs through the implementation of the remedial action;
11. Documentation of all types and quantities of waste generated by the remedial action, including copies of fully executed manifests or bill(s) of lading documenting any off-site transport of waste;
12. Documentation of the source, type, quantities, and location of each alternative fill and clean fill used as part of the remedial action at the site; and
13. A description of each permit required and obtained to implement the remedial action.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 5 - REMEDIAL ACTION › Section 7:26E-5.8 - Remedial action regulatory timeframes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation shall complete the implementation of the remedial action, within the applicable regulatory timeframe listed in (b) below, by:
1. Implementing all remedial actions required to address the contaminated site, pursuant to the requirements of this subchapter;
2. Submitting a remedial action report for all remedial actions at the contaminated site to the Department pursuant to 7:26E-5.7; and
3. Ensuring that a licensed site remediation professional submits a final remediation document to the Department pursuant to the Administrative Requirements for the Remediation of Contaminated Sites, at 7:26C-6.2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 1 - GENERAL INFORMATION › Section 7:26F-1.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter constitutes the minimum administrative and technical requirements for the remediation of a discharge of heating oil from a heating oil tank system. All other discharges shall be remediated pursuant to the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C, and the Technical Requirements for Site Remediation, N.J.A.C. 7:26E.
(b) This chapter contains provisions concerning the remediation of a discharge from a heating oil tank system, including:
1. General remediation requirements, N.J.A.C. 7:26F-2;
2. Soil and free product remediation requirements, N.J.A.C. 7:26F-3;
3. Ground water remediation requirements, N.J.A.C. 7:26F-4;
4. Contamination not related to the heating oil tank system under investigation, N.J.A.C. 7:26F-5;
5. Receptor evaluation, N.J.A.C. 7:26F-6;
6. Remedial action report and heating oil tank system no further action letter request requirements, N.J.A.C. 7:26F-7;
7. Administrative orders and civil administrative penalties, N.J.A.C. 7:26F-8; and
8. Petroleum Underground Storage Tank Remediation Upgrade and Closure Fund, N.J.A.C. 7:26F-9.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 1 - GENERAL INFORMATION › Section 7:26F-1.2 - Applicability and exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner shall comply with this chapter to remediate a discharge of heating oil from a heating oil tank system. For the purposes of this chapter, when the fill hose is connected to the heating oil tank system, any discharge from the fill hose is considered a discharge from the heating oil tank system.
(b) When there has been a surface discharge of less than 100 gallons of heating oil from a heating oil tank system that does not reach the waters of the State, the owner shall notify the Department in accordance with N.J.A.C. 7:26F-1.6, and shall either:
1. Remediate the discharge under the oversight of local authorities; or
2. Remediate the discharge in accordance with this chapter, if either:
i. The local authorities refer the oversight of the remediation to the Department; or
ii. The owner wants the Department to issue a heating oil tank system no further action letter for the remediation. In this situation the owner shall either request that the local authority refer oversight of the remediation to the Department, or contact the Department Hotline at 1-877 WARNDEP (1-877-927-6337) and request that the Department oversee the remediation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 1 - GENERAL INFORMATION › Section 7:26F-1.3 - Liberal construction

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this chapter, being necessary to promote and protect public health and safety and the environment, shall be liberally construed in order to permit the Department to effectuate the purposes of the Department's Enabling Act, N.J.S.A. 13:1D-1et seq., the Solid Waste Management Act, N.J.S.A. 13:1E-1et seq., the Industrial Site Recovery Act, N.J.S.A. 13:1K-6et seq., the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11aet seq., the Underground Storage Tank Act, N.J.S.A. 58:10A-21et seq., the Underground Storage Tank Finance Act, N.J.S.A. 58:10A-37.1et seq., the Brownfield and Contaminated Site Remediation Act, N.J.S.A. 58:10B-1et seq., and the Site Remediation Reform Act, N.J.S.A. 58:10C-1et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 1 - GENERAL INFORMATION › Section 7:26F-1.4 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If a court of competent jurisdiction finds that any section, subsection, provision, clause, or portion of this chapter is invalid or unconstitutional, the remainder of this chapter shall remain in effect.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 1 - GENERAL INFORMATION › Section 7:26F-1.6 - Notification requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon discovery of a discharge, the owner shall immediately notify the Department by calling the Department Hotline at 1-877-WARNDEP (1-877-927-6337).
(b) When remediating a discharge from a heating oil tank system in accordance with this chapter, the owner shall comply with the notification requirements of the Administrative Requirements for the Remediation of Contaminated Sites at N.J.A.C. 7:26C-1.7(j).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 1 - GENERAL INFORMATION › Section 7:26F-1.7 - Site access requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner shall take all appropriate action, as outlined in (b) below, to obtain access to any property to which the owner does not have legal or equitable title and which is necessary to implement the remediation pursuant to this chapter.
(b) The owner who, in order to implement the remediation pursuant to this chapter, requires access to property to which the owner does not have legal or equitable title shall send, via certified mail, to each person who does have legal or equitable title to that property, a written request for access to that property. The owner shall include the following information in the written request:
1. A description of the obligation that the owner has to remediate the discharge;
2. A site map indicating each area for which the owner needs access;
3. A description of the reason for which the owner needs access and the extent of access needed;
4. A description of the remediation that the owner needs to conduct, indicating the approximate time when the owner will initiate the remediation and the approximate time necessary for the owner to complete that part of the remediation for which the owner needs access; and
5. A request that the person who does have legal or equitable title to that other property respond in writing to the owner within 30 days after receipt of the owner's written request.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 1 - GENERAL INFORMATION › Section 7:26F-1.8 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner shall submit to the Department the following nonrefundable review fee, as applicable, when the owner submits to the Department each document pursuant to this chapter:
1. A heating oil tank remedial action report pursuant to N.J.A.C. 7:26F-7.2, and any subsequent submissions, $ 400.00 per submission;
2. A request that the Department issue a corrected heating oil tank system no further action letter pursuant to N.J.A.C. 7:26F-7.3(e), $ 100.00;
3. A discharge to ground water proposal pursuant to the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-5.6, $ 350.00; and
4. A workplan requesting an on-scene coordinator discharge authorization pursuant to N.J.A.C. 7:26F-4.3(b)2iv, $ 400.00.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 1 - GENERAL INFORMATION › Section 7:26F-1.10 - Variance from the requirements of this chapter

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (b) below, the owner may vary from the requirements in N.J.A.C. 7:26F-2 through 7. For each variance, the owner shall submit the following information to the Department with the remedial action report pursuant to N.J.A.C. 7:26F-7:
1. The specific citation to the rule requirement from which the owner varied;
2. A detailed description of how the work the owner performed varied from the rule requirement; and
3. The owner's rationale for varying from the requirement, including all supporting information necessary to document that the work conducted:
i. Provided results that are verifiable and reproducible; and
ii. Achieved the objective of the rule requirement from which the owner varied; and
iii. Furthered the attainment of the purpose of the specific remedial phase.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 1 - GENERAL INFORMATION › Section 7:26F-1.11 - Use of Department technical guidance

Current through Register Vol. 56, No. 14, July 15, 2024
An owner conducting remediation pursuant to this chapter shall apply, pursuant to N.J.A.C. 7:26C-1.2(a)3, any available and appropriate technical guidance concerning site remediation as issued by the Department, or shall provide a written rationale and justification for any deviation from guidance. The Department's technical guidance can be found on the Department's website at
www.nj.gov/dep/srp/srra/guidance
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 1 - GENERAL INFORMATION › Section 7:26F-1.12 - Selection of environmental professionals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner shall retain one of the following to remediate a discharge from a heating oil tank system:
1. An individual employed by a business firm, both of which are certified for subsurface evaluation pursuant to the Underground Storage Tanks rules at N.J.A.C. 7:14B-16; or
2. A licensed site remediation professional.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 2 - GENERAL REMEDIATION REQUIREMENTS › Section 7:26F-2.1 - General remediation requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When there is a discharge from a heating oil tank system, the owner shall:
1. Upon discovery of a discharge, immediately notify the Department in accordance with N.J.A.C. 7:26F-1.6, and take all actions necessary to stop the ongoing discharge.
2. Within two business days after the discovery of the discharge:
i. For an unregulated heating oil tank system:
(1) Hire a certified closure contractor, unless the unregulated heating oil tank system is located on a farm;
(2) Initiate closure of the unregulated heating oil tank system; and
(3) Hire an environmental professional to remediate the discharge pursuant to this chapter; and
ii. For a residential above ground heating oil tank system or a small non-residential above ground heating oil system:
(1) Hire an environmental professional to remediate the discharge pursuant to this chapter; and
(2) Initiate removal of the residential above ground heating oil tank system or the small non-residential above ground heating oil system;
3. Complete closure or removal of the heating oil tank system, as applicable;
4. Remediate free product pursuant to N.J.A.C. 7:26F-3.2, as applicable;
5. Remediate soil pursuant to N.J.A.C. 7:26F-3.3, 3.4, and 3.5; and
6. Remediate the ground water pursuant to N.J.A.C. 7:26F-4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 3 - SOIL AND FREE PRODUCT REMEDIATION REQUIREMENTS › Section 7:26F-3.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter governs:
1. Free product remediation, N.J.A.C. 7:26F-3.2;
2. Soil remediation, generally, N.J.A.C. 7:26F-3.3;
3. Initiating soil remediation with delineation during excavation, N.J.A.C. 7:26F-3.4;
4. Initiating soil remediation with delineation, N.J.A.C. 7:26F-3.5;
5. Unrestricted use soil remedial action, N.J.A.C. 7:26F-3.6;
6. Soil remedial actions that allow residual contamination, N.J.A.C. 7:26F-3.7; and
7. Site restoration, N.J.A.C. 7:26F-3.8.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 3 - SOIL AND FREE PRODUCT REMEDIATION REQUIREMENTS › Section 7:26F-3.2 - Free product remediation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner shall, within 60 days after identifying the presence of free product:
1. Initiate the removal of free product; and
2. Treat or remove all free product saturated soil to the extent practicable, or contain free product when treatment or removal is not practicable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 3 - SOIL AND FREE PRODUCT REMEDIATION REQUIREMENTS › Section 7:26F-3.3 - Soil remediation, generally

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner shall remediate soil contaminated by a discharge from a heating oil tank system until soil sampling indicates that the property meets the requirements for unrestricted use at N.J.A.C. 7:26F-3.6 or , the residual contamination requirements at N.J.A.C. 7:26F-3.7.
(b) The owner shall initiate remediation of soil contaminated by a discharge from a heating oil tank system by either:
1. Excavating contaminated soil while delineating the extent of contamination, pursuant to N.J.A.C. 7:26F-3.4; or
2. Delineating the horizontal and vertical extent of contaminated soil pursuant to N.J.A.C. 7:26F-3.5prior to implementing a remedial action.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 3 - SOIL AND FREE PRODUCT REMEDIATION REQUIREMENTS › Section 7:26F-3.5 - Initiating soil remediation with delineation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner electing to initiate soil remediation by first delineating contaminated soil shall:
1. Install a minimum of four soil borings, no more than 10 feet from where the discharge was discovered, in four equal directions (for example, north, south, east, and west);
2. Field screen each boring;
3. Continue to install additional soil borings horizontally and vertically and conduct field screening until field screening indicates no further contamination or until bedrock is encountered;
4. Collect a sufficient number of soil samples from the soil borings to confirm delineation horizontally (all directions) and vertically when field screening indicates no further contamination; and
5. Collect a ground water sample pursuant to N.J.A.C. 7:26F-4.2when contamination extends to within two feet of either bedrock or ground water .
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 3 - SOIL AND FREE PRODUCT REMEDIATION REQUIREMENTS › Section 7:26F-3.6 - Unrestricted use soil remedial action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For a discharge of No. 2 heating oil, the owner may implement an unrestricted use soil remedial action when, for each soil sample:
1. The extractable petroleum hydrocarbons concentration is less than or equal to 1,000 mg/kg; or
2. The following conditions are met:
i. The extractable petroleum hydrocarbons concentration is greater than 1,000 mg/kg, but less than or equal to 5,100 mg/kg;
ii. No impacts to ecological receptors, as determined by N.J.A.C. 7:26F-6.4;
iii. The Naphthalene concentration is less than or equal to six mg/kg; and
iv. The 2-Methyl Naphthalene concentration:
(1) Is less than or equal eight mg/kg; or
(2) If a Synthetic Precipitation Leachate Procedure analysis is performed:
(A) The 2-Methyl Naphthalene concentration in soil is less than or equal to 230 mg/kg; and
(B) The 2-Methyl Naphthalene concentration in leachate from the Synthetic Precipitation Leachate Procedure analysis is less than or equal to 600 ug/l.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 3 - SOIL AND FREE PRODUCT REMEDIATION REQUIREMENTS › Section 7:26F-3.7 - Residual contamination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an owner does not implement an unrestricted use soil remedial action pursuant to N.J.A.C. 7:26F-3.6, an owner may implement a soil remedial action pursuant to one of the alternatives at (b) below, which allow residual contamination to remain, if:
1. As to ecological receptors, there is no impact to any ecological receptor, as determined by N.J.A.C. 7:26F-6.4, or the impact to any ecological receptor is mitigated; and
2. As to ground water:
i. Property conditions did not require a ground water investigation pursuant to N.J.A.C. 7:26F-4;
ii. The owner conducted a ground water investigation that did not identify any ground water contamination above the applicable ground water remediation standards, N.J.A.C. 7:26D-2; or
iii. The owner implemented a ground water remedial action that remediated the concentration of all contaminants in ground water to or below the applicable ground water remediation standards, N.J.A.C. 7:26D-2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 3 - SOIL AND FREE PRODUCT REMEDIATION REQUIREMENTS › Section 7:26F-3.8 - Site restoration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner shall restore the topography of each area of remediation to its pre-remediation condition.
(b) When a site is located adjacent to or in a wetland, or adjacent to or in any other environmentally sensitive natural resource, the owner shall also comply with all applicable restoration and soil management requirements, including, but not limited to, the Coastal Zone Management Rules, N.J.A.C. 7:7E, and the Fresh Water Wetlands Protection Act Rules, N.J.A.C. 7:7A.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 4 - GROUND WATER REMEDIATION REQUIREMENTS › Section 7:26F-4.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter governs:
1. Ground water investigation requirements, N.J.A.C. 7:26F-4.2; and
2. Ground water remedial action requirements, N.J.A.C. 7:26F-4.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 4 - GROUND WATER REMEDIATION REQUIREMENTS › Section 7:26F-4.3 - Ground water remedial action requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner shall perform a remedial action for ground water contaminated by a discharge from a heating oil tank system by:
1. Remediating free product in accordance with N.J.A.C. 7:26F-3.2; and
2. Remediating all ground water contamination in excess of the applicable ground water remediation standard, N.J.A.C. 7:26D, to a concentration at or below that applicable ground water remediation standard, as demonstrated by two confirmation samples collected 90 days apart.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 5 - CONTAMINATION NOT RELATED TO THE HEATING OIL TANK SYSTEM UNDER INVESTIGATION › Section 7:26F-5.1 - Contamination not related to the heating oil tank system under investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner who is remediating a discharge from a heating oil tank system, who identifies a contaminant in excess of any remediation standard not related to the discharge that the owner is remediating, shall call the Department Hotline at 1-877-WARNDEP (1-877-927-6337) and report the observation of the contaminant.
(b) Notwithstanding (a) above, the owner shall continue to remediate, pursuant to this chapter, all discharges from a heating oil tank system.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 6 - RECEPTOR EVALUATION › Section 7:26F-6.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter governs:
1. Receptor evaluation--ground water, N.J.A.C. 7:26F-6.2;
2. Receptor evaluation--vapor intrusion, N.J.A.C. 7:26F-6.3; and
3. Receptor evaluation--ecological, N.J.A.C. 7:26F-6.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 6 - RECEPTOR EVALUATION › Section 7:26F-6.2 - Receptor evaluation-ground water

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the owner detects ground water contamination exceeding any applicable ground water remediation standard at N.J.A.C. 7:26D-2.2(a), then the owner shall:
1. Within 14 days after identifying ground water contamination exceeding the applicable standard, determine if any potable wells or irrigation wells used for potable purposes exist within 100 feet of the known extent of the ground water contamination by:
i. Contacting the local health department; and
ii. Conducting a door-to-door survey; and
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 6 - RECEPTOR EVALUATION › Section 7:26F-6.3 - Receptor evaluation-vapor intrusion

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If, within 180 days after the discovery of the discharge, the owner does not remediate the free product and ground water contaminant concentrations to below the vapor intrusion ground water screening levels, which are available on the Department's website at
www.nj.gov/dep/srp/guidance/vaporintrusion/index.html
, then the owner shall, within 240 days after the discovery of the discharge, conduct a vapor intrusion investigation by:
1. Identifying all buildings located within 30 feet of free product or ground water contamination that is in excess of the vapor intrusion ground water screening levels;
2. Determining the specific use and construction of each building identified in (a)1 above, including whether each building has a basement, a crawl space, or is constructed on a slab, and the approximate square footage of each building footprint;
3. Collecting an appropriate number of samples in appropriate locations, as referenced in the Vapor Intrusion Technical Guidance available at
www.nj.gov/dep/srp/guidance/vaporintrusion/vig_main.pdf
;
4. Analyzing those samples for the analytes listed in the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-2.1(c)3 pursuant to the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-2.1(a)7; and
5. Preparing laboratory data deliverables pursuant to the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-2.1(a)15i.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 6 - RECEPTOR EVALUATION › Section 7:26F-6.4 - Receptor evaluation-ecological

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An ecological receptor evaluation is required, except as provided in the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-1.16(d), when:
1. For a discharge from a heating oil tank system containing No. 2, No. 4, or No. 6 heating oil, any extractable petroleum hydrocarbons concentration in soil exceeds 1,700 mg/kg; or
2. For a discharge from a heating oil tank system containing kerosene, the concentration of any volatile contaminant in soil is above the residential soil remediation standard pursuant to N.J.A.C. 7:26D.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 7 - REMEDIAL ACTION REPORT AND HEATING OIL TANK SYSTEM NO FURTHER ACTION LETTER REQUEST REQUIREMENTS › Section 7:26F-7.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter governs:
1. Remedial action reports, N.J.A.C. 7:26F-7.2; and
2. Heating oil tank system no further action letters, N.J.A.C. 7:26F-7.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 7 - REMEDIAL ACTION REPORT AND HEATING OIL TANK SYSTEM NO FURTHER ACTION LETTER REQUEST REQUIREMENTS › Section 7:26F-7.3 - Heating oil tank system no further action letter

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To obtain a heating oil tank system no further action letter from the Department, the owner shall submit the following to the Department:
1. A remedial action report prepared pursuant to N.J.A.C. 7:26F-7.2, and a completed and certified Unregulated Heating Oil Tank (UHOT) System Remediation Form available at
www.nj.gov/dep/srp/srra/forms/
;
2. For each environmental professional that conducts a portion or a phase of the remediation, a separate Unregulated Heating Oil Tank (UHOT) System Form that describes the work that the environmental professional performed; and
3. The applicable fee pursuant to N.J.A.C. 7:26F-1.8.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 8 - ADMINISTRATIVE ORDERS AND CIVIL ADMINSTRATIVE PENALTIES › Section 7:26F-8.1 - Administrative order and civil administrative penalty

Current through Register Vol. 56, No. 14, July 15, 2024
Whenever the Department determines that an owner has violated any of the provisions of this chapter, the Department shall apply the Administrative Requirements of the Remediation of Contaminated Sites at N.J.A.C. 7:26C-9.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 8 - ADMINISTRATIVE ORDERS AND CIVIL ADMINSTRATIVE PENALTIES › Section 7:26F-8.2 - Denial, suspension, revocation, and refusal to renew a certification

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may deny, suspend, revoke, or refuse to renew a certification issued pursuant to N.J.A.C. 7:14B-16.11.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 9 - PETROLEUM UNDERGROUND STORAGE TANK REMEDIATION, UPGRADE, AND CLOSURE FUND › Section 7:26F-9.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter sets forth the requirements for an applicant to apply for financial assistance from the Petroleum Underground Storage Tank Remediation, Upgrade, and Closure Fund, to fund a project eligible pursuant to the Underground Storage Tank Finance Act, N.J.S.A. 58:10A-37.1 through 37.23.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 9 - PETROLEUM UNDERGROUND STORAGE TANK REMEDIATION, UPGRADE, AND CLOSURE FUND › Section 7:26F-9.2 - Application for financial assistance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant may apply for financial assistance from the Petroleum Underground Storage Tank Remediation, Upgrade, and Closure Fund by:
1. Submitting to the Department a completed Petroleum Underground Storage Tank Remediation, Upgrade, and Closure Fund Application Form available at
www.nj.gov/dep/srp/srra/forms/
; and
2. Following the Petroleum Underground Storage Tank Remediation, Upgrade, and Closure Fund Application Instructions and Cost Guide, both of which are a part of the application package.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES › Subchapter 9 - PETROLEUM UNDERGROUND STORAGE TANK REMEDIATION, UPGRADE, AND CLOSURE FUND › Section 7:26F-9.3 - Financial assistance for reimbursement of prior remediation costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant may remediate a discharge from an unregulated heating oil tank system and then apply for financial assistance for reimbursement of remediation costs provided that:
1. The applicant must incur all of the remediation costs after August 30, 1997;
2. The applicant did not, prior to submitting the application for financial assistance, pay for any of the remediation performed, unless the applicant:
i. Performed and paid for remediation of a discharge related to an unregulated heating oil tank at an applicant's primary residence; or
ii. Is a nonprofit organization, corporation, or association with not more than 100 paid individuals that is qualified for exemption from Federal taxation pursuant to section 501(c)(3) of the Federal Internal Revenue Code, 26 U.S.C. §
												501(c)(3), or a duly incorporated volunteer fire, ambulance, first aid, emergency, or rescue company or squad;
3. For remediation conducted prior to August 6, 2018, the remediation associated with the remediation costs was conducted in compliance with the rules in effect at the time the remediation was conducted and with the Underground Storage Tank Finance Act, N.J.S.A. 58:10A-37.1 through 37.23; and
4. For remediation conducted on or after August 6, 2018, the remediation associated with the remediation costs was conducted in compliance with this chapter and with the Underground Storage Tank Finance Act, N.J.S.A. 58:10A-37.1 through 37.23.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 1 - GENERAL PROVISIONS › Section 7:26G-1.1 - Scope of rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless otherwise provided by rule or statute, this chapter shall constitute the rules of the Department of Environmental Protection which govern the registration, operation, closure and post-closure maintenance of hazardous waste facilities in the State of New Jersey as may be approved by the Department; registration, operation, and maintenance of hazardous waste transporting operations and facilities in the State of New Jersey; and a fee schedule for services provided by the Department to hazardous waste facilities, generators and transporters.
(b) The definitions, exemptions, exclusions and discussions of solid and hazardous waste found in this chapter are for the purposes of classifying and regulating hazardous waste and do not provide any exemptions from the definition or regulation of solid waste found at N.J.A.C. 7:26.
(c) Hazardous waste facilities are exempt from district solid waste planning of N.J.A.C. 7:26-6, Solid Waste Planning Regulations; the Solid Waste Utility Control Act, 48:13A-1 et seq.; the Solid Waste Collection Regulatory Reform Act, 48:13A-7.1 et seq.; and those provisions of the Solid Waste Management Act, 13:1E-1 et seq., which relate to district solid waste planning.
(d) In addition to the rules in this chapter, all hazardous waste facilities are required to obtain other necessary approvals.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 1 - GENERAL PROVISIONS › Section 7:26G-1.2 - Construction and severability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules shall be liberally construed to permit the Department to discharge its statutory functions.
(b) If this chapter or any subchapter, section, subsection, paragraph, subparagraph, sub-subparagraph or any portion thereof, or the application thereof to any person, is adjudged unconstitutional or invalid by a court of competent jurisdiction, in any judicial proceeding, such judgment shall be confined in its operation to this chapter or any subchapter, section, subsection, paragraph, subparagraph, sub-subparagraph or any portion or application thereof, directly involved in the controversy in which such judgment shall have been rendered, and it shall not affect or impair the remainder of this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 1 - GENERAL PROVISIONS › Section 7:26G-1.3 - Practice where rules do not govern

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may rescind, amend or expand these rules from time to time, and such rules shall be filed with the Office of Administrative Law as provided by law. In any matter concerning hazardous waste management that arises not governed by these rules, the Department shall exercise its discretion within the authority of 13:1E-1 et seq., 58:10-23.11, 58:10A-1 et seq., 47:1A-2, 13:1D-9 and 18 and all other legislatively conferred powers.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 1 - GENERAL PROVISIONS › Section 7:26G-1.4 - Incorporation by reference of the Code of Federal Regulations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless specifically excluded by these rules, when a provision of the Code of Federal Regulations (C.F.R.) is incorporated by reference, all notes, comments, appendices, diagrams, tables, forms, figures, and publications are also incorporated by reference.
(b) Prospective incorporation by reference means the ongoing process, beginning November 5, 2007, whereby all provisions of regulations incorporated into this Chapter from the Federal regulations at 40 C.F.R. Subparts 124, 260 - 266, 268, and 270 are continually automatically updated in order to maintain consistency with the most current Federal rules. Thus, any supplements, amendments, and any other changes including, without limitation, repeals or stays that affect the meaning or operational status of a Federal rule, brought about by either judicial or administrative action and adopted or otherwise noticed by USEPA in the Federal Register, shall be paralleled by a similar change to the New Jersey rule so that the New Jersey rule will have the same meaning and status as its Federal counterpart. Similarly, to maintain consistency, all new Federal regulations are also adopted into this Chapter by this automatic process.
(c) Provisions of 40 C.F.R. Parts 124, 260 - 266, 268 and 270 incorporated by reference are prospective and all internal references contained therein are also incorporated prospectively for the purposes of that provision, unless otherwise noted. Each internal reference to the C.F.R. shall be interpreted to include in addition to the Federal citation, any changes or additions or deletions made to that citation by the corresponding state subchapter. For example, all references within the C.F.R. to 40 C.F.R. Part 261 shall include the changes, additions and deletions which N.J.A.C. 7:26G-5 makes to 40 C.F.R. Part 261.
(d) Provisions of 49 C.F.R. incorporated by reference are prospective and all internal references contained therein are also incorporated by reference for the purposes of that provision, unless otherwise noted. Provisions of 49 C.F.R. shall be interpreted to include, in addition to the Federal citation, any changes or additions or deletions made to that citation by the following State agencies and corresponding State rules:
1. New Jersey Department of Transportation, 16:49-2.1; and
2. New Jersey Department of Law and Public Safety, Division of State Police, 13:60-1.1.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 1 - GENERAL PROVISIONS › Section 7:26G-1.5 - Document availability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Copies of the C.F.R. (40 C.F.R. Parts 124, 260 through 266, 268, 270 and 49 C.F.R. Parts 171 through 180 and 390 through 397) as adopted and incorporated by reference herein are available for review. Publications incorporated by reference within the Code of Federal Regulations as listed at 40 C.F.R. 260.11, or the most currently available version, are also available for review. These may be reviewed by contacting the Department at:
New Jersey Department of Environmental Protection
Division of Solid and Hazardous Waste
Mail Code: 401-02C
PO Box 420
Trenton, NJ 08625-0420
Telephone: (609) 633-1418
(b) Copies of the C.F.R. (40 C.F.R. Parts 124, 260 through 266, 268, 270 and 49 C.F.R. Parts 171 through 180, and 390 through 397) as adopted and incorporated by reference herein, may be purchased from the following sources:
U.S. Government Printing Office
Superintendent of Documents
Mail Stop: SCOP
Washington, DC 20402-9328
U.S. Government Printing Office Bookstore
Room 110, 26 Federal Plaza
New York, NY 10278-0081
U.S. Government Printing Office Bookstore
Robert Morris Building
100 North 17th Street
Philadelphia, PA 19103
(c) Copies of the C.F.R. (40 C.F.R. Parts 124, 260 through 266, 268, 270 and 49 C.F.R. Parts 171 through 180, and 390 through 397) as adopted and incorporated by reference herein, are available for review at the following public libraries:
New Jersey State Library
PO Box 520, 185 West State Street
Trenton, NJ 08625-0520
Newark Public Library
5 Washington Street
Newark, NJ 07101
(d) The Office of the Federal Register, a component of the National Archives and Record Administration, has a website at
www.nata.gov/fedreg/
which shows a current listing of files available for public inspection, Federal Registers as well as the Code of Federal Regulations.