reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 1 - GENERAL INFORMATION › Section 7:26E-1.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter establishes the technical requirements to remediate a contaminated site and ensure that the remediation is protective of public health and safety and of the environment.
(b) The remediation performed pursuant to this chapter does not relieve any person from:
1. Complying with more stringent requirements or provisions imposed by any other Federal, State or local applicable statutes or regulations; or
2. Obtaining any and all permits required by Federal, State, or local statute or regulation, except as expressly provided in this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 1 - GENERAL INFORMATION › Section 7:26E-1.2 - Liberal construction

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter, being necessary to promote the public health and welfare, and to protect the environment, shall be liberally construed in order to permit the Commissioner and the Department to effectuate the purposes of 13:1D-1 et seq., 13:1E-1 et seq., 13:1K-6 et seq., 13:1K-15 et seq., 58:10-23.11a et seq., 58:10A-1 et seq., 58:10A-21 et seq., 58:10B-1 et seq. and 58:10C-1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 1 - GENERAL INFORMATION › Section 7:26E-1.3 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter applies to any person to whom the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C, apply.
(b) Except as provided in the Heating Oil Tank System Remediation Rules at N.J.A.C. 7:26F-1.2(d), this chapter does not apply to any person who is remediating a discharge from a heating oil tank system in accordance with N.J.A.C. 7:26F.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 1 - GENERAL INFORMATION › Section 7:26E-1.4 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any section, subsection, provision, clause or portion of this chapter is adjudged invalid or unconstitutional by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 1 - GENERAL INFORMATION › Section 7:26E-1.5 - General remediation requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation shall conduct remediation pursuant to this chapter and 7:26C-1.2.
(b) Any person conducting remediation pursuant to this chapter shall apply, pursuant to 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
http://www.nj.gov/dep/srp/srra/guidance
.
(c) The person responsible for conducting the remediation of a site shall remediate to comply with the Remediation Standards, N.J.A.C. 7:26D.
(d) All work being conducted at a site pursuant to this chapter shall be documented and included in reports which contain the information required pursuant to the reporting sections of N.J.A.C. 7:26E-1 through 5.
(e) The person responsible for conducting the remediation has a continuing obligation to ensure that the Department receives all complete, accurate and relevant information regarding remediation performed pursuant to this chapter.
(f) The person responsible for conducting the remediation shall provide site specific information and documents related to remediation at a site when, and in the manner, requested by the Department.
(g) All borings and wells must be installed and decommissioned pursuant to the Well Construction and Maintenance; Sealing of Abandoned Wells rules, N.J.A.C. 7:9D.
(h) The person responsible for conducting the remediation may return excavated soil from drill cuttings or test pit excavations to the original location provided that:
1. Drill cuttings are returned in accordance with the Well Construction and Maintenance; Sealing of Abandoned Wells rules, N.J.A.C. 7:9D;
2. Neither free product nor residual product is present;
3. The contamination present is addressed as part of the remediation of the area of concern in compliance with this chapter; and
4. The replacement of the soil does not pose any additional threat to public health, safety, or the environment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 1 - GENERAL INFORMATION › Section 7:26E-1.7 - Variance from the technical requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (b) below, the person responsible for conducting the remediation may vary from the technical requirements in N.J.A.C. 7:26E-1 through 5 provided that person submits the following technical information, and a variance form found on the Department's website at
http://www.nj.gov/dep/srp/srra/forms
, prior to varying from any technical requirement:
1. The regulatory citation for the technical requirement;
2. A description of how the proposed variance deviates from the cited regulatory requirement; and
3. The rationale for varying from the cited technical requirement that includes supporting information as necessary to document that the requested variance will:
i. Provide results that are verifiable and reproducible;
ii. Achieve the objectives of the cited technical requirement; and
iii. Further the attainment of the purpose of the specific remedial phase.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 1 - GENERAL INFORMATION › Section 7:26E-1.9 - Green and sustainable practices

Current through Register Vol. 56, No. 14, July 15, 2024
The Department encourages the use of green and sustainable practices during the remediation of contaminated sites.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 1 - GENERAL INFORMATION › Section 7:26E-1.10 - Control of ongoing sources and implementation of interim remedial measures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As a first priority, the person responsible for conducting the remediation shall:
1. Have a continuing responsibility to identify the need for any interim remedial measure necessary to remove, contain, or stabilize a source of contamination to prevent contaminant migration and to protect the public health and safety and the environment; and
2. Include in each remedial phase report a description of each interim remedial measure implemented and each interim remedial measure that is planned.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 1 - GENERAL INFORMATION › Section 7:26E-1.12 - Receptor evaluation - general and reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (b) below, the person responsible for conducting the remediation shall conduct a receptor evaluation pursuant to the requirements of this section through 7:26E-1.16 and submit a receptor evaluation pursuant to this section.
(b) The person responsible for conducting the remediation who completes an unrestricted use remedial action is not required to conduct a receptor evaluation, except as pursuant to 7:26E-1.16, when a final remediation document is filed with the Department within one year after the earliest applicable requirement to remediate, listed at 7:26C-2.2.
(c) The person responsible for conducting the remediation shall submit an initial receptor evaluation for a contaminated site, on a form found on the Department's website at
www.nj.gov/dep/srp/srra/forms,
one year after the earliest applicable requirement to remediate listed at 7:26C-2.2. The person responsible for conducting the remediation shall include in the initial receptor evaluation the information that is known by that person at the time the report is submitted. Information to be supplied by filling out the form includes:
1. Site identification information;
2. A description of the known contamination;
3. A summary of the on-site and surrounding property use and the receptor evaluation;
4. The name of the responsible entity and a certification statement; and
5. The name of the licensed site remediation professional and a certification statement.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 1 - GENERAL INFORMATION › Section 7:26E-1.13 - Receptor evaluation - land use

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation shall conduct a receptor evaluation of land use that includes:
1. The identification of all current land uses at the site and of each property located within 200 feet of the property boundary;
2. The address of each residence, school, child care center, park, playground or other recreation area that is identified at the site and within 200 feet of the property boundary;
3. A map that shows the location of the site, the land use at the site and each property within 200 feet of the property boundary pursuant to (a) above, and the location of each residence, school, child care center, park, playground or other recreation area land use that is identified pursuant to (a)1 above; and
4. The identification and description of any proposed changes of land use at the site and of each property located within 200 feet of the property boundary that the municipality has approved, with a map depicting the location of the change in relation to the areas being remediated.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 1 - GENERAL INFORMATION › Section 7:26E-1.14 - Receptor evaluation-ground water

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation shall conduct a receptor evaluation of ground water when any contaminant is detected in ground water in excess of any Class II ground water quality standard, as follows:
1. Within 90 days after ground water contamination is detected, conduct a well search to identify wells that may be impacted by contamination from the site as follows:
i. Conduct a file search of all available Department, county and local records and identify all wells located within one-half mile of each point of ground water contamination, and all irrigation, industrial wells, and wells with water allocation permits located within one mile of each point of ground water contamination;
ii. If there are any potable or irrigation wells within one-half mile of each point of ground water contamination, conduct a door-to-door survey to determine the existence of any unpermitted potable or irrigation wells within a 500-foot radius of each known point of ground water contamination when the ground water flow direction is not known and within 250 feet up gradient, 500 feet side gradient and 500 feet down gradient and of each known point of ground water contamination when the ground water flow direction is known;
iii. For each well, other than a monitoring well, that is to be sampled pursuant to (a)2ii through iv below, identify the type (potable, irrigation, industrial, etc.), status (that is, active, inactive, properly decommissioned pursuant to N.J.A.C. 7:9D), and the construction of each well;
iv. Generate a map of all well locations, except monitoring wells, borings, and other non-pumping wells, and document well information on a spreadsheet available on the Department's web site at
www.nj.gov/dep/srp/srra/forms
;
v. Document all sources used in conducting the well search, including the names of any agency that was unable to provide the information requested; and
vi. For each point of ground water contamination, determine if the ground water contamination is located within a well head protection area, available on the Department's website at
http://www.state.nj.us/dep/njgs/geodata
;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 1 - GENERAL INFORMATION › Section 7:26E-1.15 - Receptor evaluation - vapor intrusion

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation shall conduct a receptor evaluation of the vapor intrusion pathway pursuant to this section when any of the following conditions exist:
1. A volatile organic ground water contaminant is identified at a concentration greater than the vapor intrusion ground water screening level available on the Department's website at
www.nj.gov/dep/srp/srra/guidance:
i. Within 30 feet of a building and it is petroleum hydrocarbon based; or
ii. Within 100 feet of a building and it is not petroleum hydrocarbon based;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 1 - GENERAL INFORMATION › Section 7:26E-1.16 - Receptor evaluation-ecological

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation shall conduct an ecological receptor evaluation as follows:
1. Determine if any environmentally sensitive natural resource, other than ground water:
i. Are present on the site or area of concern;
ii. Are adjacent to the site or area of concern; or
iii. May be, have been, or are impacted by contamination from the site or area of concern; and
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 3 - PRELIMINARY ASSESSMENT AND SITE INVESTIGATION › Section 7:26E-3.1 - Preliminary assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of a preliminary assessment is to determine whether contaminants are or were present at a site or have migrated or are migrating from a site, and thus whether additional remediation is necessary at a site due to the presence of any potentially contaminated areas of concern.
(b) The person responsible for conducting the remediation shall conduct a preliminary assessment when that person:
1. Is required to submit a completed Industrial Site Recovery Act General Information Notice to the Department pursuant to the Industrial Site Recovery Act, 13:1K-6 et seq., and its implementing rules at N.J.A.C. 7:26B;
2. Wants a final remediation document for the entire site;
3. Is remediating a site or portion of a site for use as a child care center, or for use as a public school, private school or charter school;
4. Is conducting an evaluation of a child care center pursuant to Department of Community of Affairs Act, 52:27D-130.4, and the Manual of Requirements for Child Care Centers, at 10:122-5.2(i), as part of the license application or renewal for the child care center; or
5. Is ordered to do so by a court or the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 3 - PRELIMINARY ASSESSMENT AND SITE INVESTIGATION › Section 7:26E-3.2 - Preliminary assessment report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation to whom 7:26E-3.1(b)  applies shall prepare a preliminary assessment report that includes:
1. A discussion of all the information identified and evaluated pursuant to 7:26E-3.1(c);
2. Scaled site plans detailing lot and block numbers, property and leasehold boundaries, current and historic structures, areas where fill has been brought on site, paved and unpaved areas, vegetated and unvegetated areas, all areas of concern and active and inactive wells;
3. Scaled historical site plans and facility as-built construction drawings, if available;
4. A summary of the data and information reviewed, which shall be compiled and presented by area of concern;
5. An evaluation to determine if there is an order of magnitude difference between the concentration of any contaminant in any area of concern and any remediation standard applicable at the time of comparison to the area of concern if there is a prior final remediation document for the area of concern. If there is an order of magnitude difference, then the person responsible for conducting the remediation shall evaluate the protectiveness of any existing engineering or institutional controls on the area of concern and otherwise determine whether additional remediation may be required at the area of concern to ensure the area of concern remains protective of the public health, safety and the environment; and
6. A recommendation for each area of concern identified at the site, supported by a written rationale, that either:
i. Additional remediation is necessary because:
(1) The area of concern is potentially contaminated; or
(2) There is an order of magnitude change in an applicable remediation standard and the prior remediation is no longer protective of the public health and safety and the environment because it is not in compliance with the standard applicable at the time of the comparison; or
ii. Additional remediation is not necessary because the area of concern is not suspected to contain contaminants at concentrations above any applicable remediation standard or criterion.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 3 - PRELIMINARY ASSESSMENT AND SITE INVESTIGATION › Section 7:26E-3.3 - Site investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of a site investigation is to determine if additional remediation is necessary because contaminants are present at the site or area of concern, or because contaminants have emanated or are emanating from the site or area of concern, above any applicable remediation standard or criterion.
(b) The person responsible for conducting the remediation shall conduct a site investigation when:
1. Any potentially contaminated area of concern is identified during a preliminary assessment required pursuant to 7:26E-3.1;
2. The person responsible for conducting the remediation is an owner or operator of an underground storage tank system that is required to conduct a site investigation pursuant to the Underground Storage of Hazardous Substances Act, 58:10A-21 et seq., and the Underground Storage Tanks rules, N.J.A.C. 7:14B; or
3. A person is ordered to conduct a site investigation by a court or the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 3 - PRELIMINARY ASSESSMENT AND SITE INVESTIGATION › Section 7:26E-3.4 - Site investigation-soil

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation who is subject to 7:26E-3.3(b)  shall conduct a site investigation of soil by sampling the soil in each potentially contaminated area of concern that includes soil to determine if any contaminants are present above any soil remediation standard, and shall:
1. Collect a sufficient number of soil samples to evaluate for the presence of soil contamination, biasing soil sampling to the suspected location of greatest contamination, both horizontally and vertically;
2. Use appropriate sample collection methods, but composite soil sampling shall not be used for site investigation; and
3. Use appropriate analytical methods.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 3 - PRELIMINARY ASSESSMENT AND SITE INVESTIGATION › Section 7:26E-3.5 - Site investigation-ground water

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation who is subject to 7:26E-3.3(b)  shall evaluate all potentially contaminated areas of concern to determine if there is the potential that ground water has been contaminated. At an area of concern where there is a potential that ground water has been contaminated, the person responsible for conducting the remediation shall conduct ground water sampling as follows:
1. Collect a sufficient number of ground water samples to evaluate for the presence of ground water contamination, biasing ground water sampling to the suspected locations of greatest contamination, both horizontally and vertically;
2. Use appropriate sampling methods; and
3. Use appropriate analytical methods.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 3 - PRELIMINARY ASSESSMENT AND SITE INVESTIGATION › Section 7:26E-3.6 - Site investigation-surface water and sediment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If there is a potential that surface water has been impacted by the site, the person responsible for conducting the remediation who is subject to 7:26E-3.3(b)  shall determine if there is any evidence that contamination from the site has reached the surface water.
(b) If there is evidence that contamination from the site has reached the surface water, then the person responsible for conducting the remediation shall conduct a site investigation of surface water and sediment to determine if there is any exceedance of any aquatic or human health based surface water quality standard, ecological screening criterion, or residential direct contact soil remediation standard and shall:
1. Collect a sufficient number of surface water and sediment samples to evaluate for the presence of contamination, biasing the sampling to the suspected locations of greatest contamination, both horizontally and vertically;
2. Use appropriate sampling methods; and
3. Use appropriate analytical methods.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 3 - PRELIMINARY ASSESSMENT AND SITE INVESTIGATION › Section 7:26E-3.7 - Site investigation-building interiors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation who is subject to 7:26E-3.3(b)  shall conduct a site investigation of a building interior in order to determine whether:
1. Contaminants inside the building have the potential to migrate to the environment outside the building; or
2. Contaminants outside the building have the potential to migrate into the building.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 3 - PRELIMINARY ASSESSMENT AND SITE INVESTIGATION › Section 7:26E-3.8 - Site investigation-natural background investigation of soil and ground water

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If during the site investigation, any contaminant that may be naturally occurring is found in soil at any area of concern in excess of a soil remediation standard, then the person responsible for conducting the remediation may investigate the extent to which the concentration of the contaminant in soil may be due to natural background. This investigation shall be conducted by:
1. Collecting and analyzing a sufficient number of samples in appropriate locations of similar soil type on or near the site that have not been impacted by current or historical on-site or off-site activities to adequately determine that the concentration of the contaminant in the soil may be due to natural background;
2. Demonstrating that the distribution of the contaminant in the soil does not follow a concentration gradient indicative of a discharge; and
3. Demonstrating that the concentration of the contaminant in the soil is within ranges reported in appropriate references for soil background levels for New Jersey, if available.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 3 - PRELIMINARY ASSESSMENT AND SITE INVESTIGATION › Section 7:26E-3.9 - Site investigation - determination of off-site source of contamination in soil and ground water

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If during the site investigation, a contaminant is found in soil or ground water in excess of any remediation standard, then the person responsible for conducting the remediation may investigate the extent to which the contamination in soil or ground water is due to migration to the site from an off-site source. This investigation shall be conducted by:
1. Collecting and analyzing a sufficient number of samples in appropriate locations, both horizontally and vertically, at the property boundary or off site, if needed, in order to be upgradient of any on-site area of concern to adequately determine that there is an off-site source of the contaminant;
2. Collecting and analyzing a sufficient number of samples to demonstrate a contaminant migration pathway exists from the off-site source of contamination to the area of concern; and
3. Conducting a preliminary assessment pursuant to 7:26E-3.1 and if necessary, a site investigation pursuant to 7:26E-3.3 to determine whether a source of the contaminant observed exists on site.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 3 - PRELIMINARY ASSESSMENT AND SITE INVESTIGATION › Section 7:26E-3.10 - Site investigation - determination of off-site source of contamination in surface water and sediment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If during the site investigation, a contaminant is detected in surface water or sediment in excess of an aquatic or human health based surface water quality standard, an ecological screening criterion, or a residential direct contact soil remediation standard, then the person responsible for conducting the remediation may investigate the extent to which the contaminant concentration in surface water or sediment is due to an off-site source. This investigation shall be conducted by:
1. Collecting and analyzing a sufficient number of samples in appropriate locations to adequately determine that there is an off-site source of the contaminant; and
2. Conducting a preliminary assessment pursuant to 7:26E-3.1 and if necessary, a site investigation pursuant to 7:26E-3.3 to determine whether a source of the contaminant observed exists on site.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 3 - PRELIMINARY ASSESSMENT AND SITE INVESTIGATION › Section 7:26E-3.11 - Site investigation - landfills

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation who is subject to 7:26E-3.3(b)  shall conduct a site investigation of any landfill at or suspected to be present at the site to determine whether a landfill is in fact present by:
1. Conducting a geophysical survey; and
2. Conducting a subsurface investigation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 3 - PRELIMINARY ASSESSMENT AND SITE INVESTIGATION › Section 7:26E-3.12 - Site investigation - historic fill material

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If historic fill material is suspected to be present at a site, then the person responsible for conducting the remediation who is subject to 7:26E-3.3(b)  shall determine whether historic fill material is present.
(b) If historic fill material is present, then the person responsible for conducting the remediation shall either:
1. Assume that the historic fill material is contaminated above the residential direct contact soil remediation standards and ground water is contaminated above the ground water remediation standards and conduct a remedial investigation pursuant to 7:26E-4.7; or
2. Sample the historic fill material to determine if it is contaminated above the residential direct contact soil remediation standards pursuant to 7:26E-3.4 and sample ground water pursuant to 7:26E-3.5 to determine if contamination is present above any ground water remediation standard.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 3 - PRELIMINARY ASSESSMENT AND SITE INVESTIGATION › Section 7:26E-3.13 - Site investigation report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation who is subject to 7:26E-3.3(b)  shall include the following in the site investigation report:
1. A presentation and discussion of all of the information identified or collected during the site investigation, pursuant to 7:26E-3.3 through 3.12;
2. The general reporting requirements referenced in 7:26E-1.6;
3. A presentation and discussion of all of the information identified or collected, pursuant to 7:26E-1.10 through 1.16;
4. A description of each area of concern that was investigated, including its operational history;
5. A technical overview that presents a general profile of the site investigation results, including a summary of the overall nature of contamination identified, including, without limitation, the numbers of areas of concern requiring further remediation; and
6. Findings and recommendations, including:
i. A discussion, by area of concern, of the specific findings of the site investigation analytical results; and
ii. A discussion of the following items by area of concern:
(1) A detailed description, including dimensions, results of all sampling data, and suspected source of the contamination; and
(2) Recommendations for either additional remediation or no further remediation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 3 - PRELIMINARY ASSESSMENT AND SITE INVESTIGATION › Section 7:26E-3.14 - Preliminary assessment and site investigation regulatory timeframes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If no contaminated areas of concern are identified during the site investigation, no further remediation is required at the site, except that the person responsible for conducting the remediation shall submit to the Department:
1. A preliminary assessment report and a site investigation report, prepared pursuant to this subchapter, and a form found on the Department's website at
www.nj.gov/dep/srp/srra/forms,
, no later than one year after the applicable requirement to remediate pursuant to 7:26C-2.2 for sites being remediated pursuant to the Industrial Site Recovery Act, 13:1K-6 et seq., and the Industrial Site Recovery Act rules, N.J.A.C. 7:26B;
2. A site investigation report, prepared pursuant to this subchapter, and a form found on the Department's website at
www.nj.gov/dep/srp/srra/forms,
, no later than one year after the applicable requirement to remediate pursuant to 7:26C-2.2 for sites being remediated pursuant to the Underground Storage of Hazardous Substances Act, 58:10A-21 et seq., and Underground Storage Tank rules, N.J.A.C. 7:14B;
3. A preliminary assessment report and a site investigation report, prepared pursuant to this subchapter, and a form found on the Department's website at
www.nj.gov/dep/srp/srra/forms
, for sites when:
i. The person wants a final remediation document for the entire site;
ii. The person responsible for conducting the remediation is remediating a site or portion of a site for use as a child care center, or for use as a public school, private school or charter school;
iii. A person is conducting an evaluation of a child care center pursuant to Department of Community of Affairs Act, 52:27D-130.4, and the Manual of Requirements for Child Care Centers, at 10:122-5.2(i), as part of the license application or renewal for the child care center; or
iv. A person is ordered by a court or the Department; or
4. A site investigation report, prepared pursuant to this subchapter, and a form found on the Department's website at
www.nj.gov/dep/srp/srra/forms
, for all other sites when:
i. The person wants final remediation document for the area of concern; or
ii. A person is ordered by a court or the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 4 - REMEDIAL INVESTIGATIONS › Section 7:26E-4.1 - Remedial investigation requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of a remedial investigation is to:
1. Delineate the horizontal and vertical extent of contamination to the remediation standard, in each environmental medium at a contaminated site;
2. Delineate to the aquatic surface water quality standard and ecological screening criterion when contamination is observed:
i. In an environmentally sensitive natural resource; or
ii. In a contaminant migration pathway to an environmentally sensitive natural resource;
3. Update the receptor evaluation, pursuant to 7:26E-1.12, and determine if an immediate environmental concern or vapor concern exists;
4. Identify and characterize the migration pathways of contamination in air, soil, bedrock, sediment, ground water, surface water, structures and buildings at a contaminated site;
5. Collect and evaluate all data necessary to:
i. Evaluate the actual and potential ecological impacts of the contamination; and
ii. Identify any natural resource injury; and
6. Identify the need for any interim remedial measures necessary to remove, contain, or stabilize a source of contamination to prevent contaminant migration and exposure to receptors, pursuant to 7:26E-1.10.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 4 - REMEDIAL INVESTIGATIONS › Section 7:26E-4.2 - Remedial investigation of soil

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation shall conduct a remedial investigation of contaminated soil as follows:
1. Within the property boundary:
i. Delineate the horizontal and vertical extent of all soil contamination that is associated with a site-related area of concern in both the saturated and unsaturated soil to:
(1) The residential direct contact soil remediation standard; or
(2) The non-residential direct contact soil remediation standard if a remedial action will be implemented that will appropriately restrict the use of the entire property and the property owner has agreed to place a deed notice and engineering controls, as appropriate, on the property; or
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 4 - REMEDIAL INVESTIGATIONS › Section 7:26E-4.3 - Remedial investigation of ground water

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation shall conduct a remedial investigation of contaminated ground water by:
1. Determining the direction of ground water flow in each contaminated aquifer or water bearing zone;
2. Characterizing the hydrogeology of the site;
3. Delineating the extent of free product and residual product;
4. Delineating the horizontal and vertical extent of all ground water contamination to the ground water remediation standard;
5. Developing and implementing a ground water monitoring program that will effectively monitor the ground water contaminant plume;
6. Determining contaminant fate and transport in ground water; and
7. Proposing a ground water classification exception area as part of the remedial investigation report pursuant to 7:26E-4.9(a)7.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 4 - REMEDIAL INVESTIGATIONS › Section 7:26E-4.4 - Remedial investigation of surface water

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation shall conduct a remedial investigation of surface water by:
1. Determining the source of contamination and the contaminant migration pathway;
2. Collecting a sufficient number of surface water samples to delineate the extent of the observed contaminants to the human health based surface water quality standards;
3. Collecting all surface water samples using appropriate sampling methods; and
4. Analyzing all surface water samples using appropriate analytical methods.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 4 - REMEDIAL INVESTIGATIONS › Section 7:26E-4.5 - Remedial investigation of building interiors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation shall conduct a remedial investigation of building interiors by:
1. Delineating the extent of the contamination migrating to the environment from the building pursuant to 7:26E-4.1 through 4.4; and
2. For contaminants outside the building that have migrated into the building, obtaining all necessary data to remediate the contamination.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 4 - REMEDIAL INVESTIGATIONS › Section 7:26E-4.6 - Remedial investigation of landfills

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation shall conduct a remedial investigation of a landfill by:
1. Determining the physical extent, both horizontally and vertically, of the landfill contents without regard to the location of property boundaries;
2. Characterizing the landfill contents;
3. Determining the type, extent, and condition of the landfill cap or cover including chemical analysis of soil; and
4. Delineating contaminants in all media emanating from or that have emanated from the landfill pursuant to this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 4 - REMEDIAL INVESTIGATIONS › Section 7:26E-4.7 - Remedial investigation of historic fill material

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation shall conduct a remedial investigation of historic fill material by:
1. Determining the horizontal and vertical extent of the historic fill material to the boundary of the property being investigated; and
2. Characterizing the fill material by identifying the physical characteristics of the historic fill material.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 4 - REMEDIAL INVESTIGATIONS › Section 7:26E-4.8 - Remedial investigation of ecological receptors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation shall conduct a remedial investigation of ecological receptors by determining if a contaminant migration pathway exists from the site or area of concern to the environmentally sensitive natural resource.
(b) If a contaminant migration pathway has been identified pursuant to (a) above, the person responsible for conducting the remediation shall determine if contaminant concentrations in the contaminant migration pathway or environmentally sensitive natural resource exceed any ecological screening criterion or any aquatic surface water quality standard.
(c) If contaminant concentrations in the contaminant migration pathway or environmentally sensitive natural resource exceed any ecological screening criterion or any aquatic surface water quality standard, then the person responsible for conducting the remediation shall:
1. Delineate the horizontal and vertical extent of the contaminant concentrations in the contaminant migration pathway or environmentally sensitive natural resource to any applicable ecological screening criterion and aquatic surface water quality standard; and
2. Conduct an ecological risk assessment for each contaminant of ecological concern to determine:
i. The past, current and future impacts of the contamination on ecological receptors;
ii. The ecological risk-based remediation goals; and
iii. The risk management strategies to be implemented; and
3. Not implement any remedial action without the Department's prior written approval of the final remediation goal if the final remediation goal is something other than the ecological screening criterion.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 4 - REMEDIAL INVESTIGATIONS › Section 7:26E-4.9 - Remedial investigation report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation shall prepare a remedial investigation report that presents and discusses all of the information required to be identified or collected pursuant to 7:26E-4.1 through 4.8, and shall include the following:
1. The general reporting requirements referenced 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 description of each interim remedial measure implemented pursuant to 7:26E-1.10;
4. A description of each area of concern being investigated, including its operational history unless this information has already been provided;
5. A technical overview that presents a general profile of the remedial investigation results, including a summary of the overall nature of contamination on the site;
6. Findings and recommendations, which shall include:
i. A discussion, by area of concern, of the specific findings, including the remedial investigation analytical results;
ii. A discussion of the following items by area of concern:
(1) A detailed description, including dimensions, contaminants and suspected source of the contamination; and
(2) A determination whether remedial action is required for each area of concern;
7. A proposed ground water classification exception area prepared pursuant to 7:26C-7.3, for the area of the ground water contaminated by discharges at the site; and
8. The applicable regulatory timeframe for the remedial investigation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 4 - REMEDIAL INVESTIGATIONS › Section 7:26E-4.10 - Remedial investigation regulatory timeframes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (d) and (f) below, or as lengthened under (b) and (c) below, the person responsible for conducting the remediation shall complete the remedial investigation and submit to the Department a remedial investigation report prepared pursuant to N.J.A.C. 7:26E-4.9by the earliest applicable regulatory timeframe as follows:
1. The person responsible for conducting the remediation who is remediating the industrial establishment pursuant to the Industrial Site Recovery Act, 13:1K-6 et seq., and the Industrial Site Recovery Act rules, N.J.A.C. 7:26B, shall complete the remedial investigation and submit a remedial investigation report as follows:
i. For the remediation of an industrial establishment with only soil contamination:
(1) By March 1, 2015, where the earliest applicable requirement to remediate pursuant to 7:26C-2.2 occurred between May 7, 1999 and March 1, 2010; or
(2) Within three years after the earliest applicable requirement to submit a preliminary assessment and site investigation report pursuant to 7:26E-3.14(b)1  where the earliest applicable requirement to remediate pursuant to 7:26C-2.2 occurred on or after March 2, 2010;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 5 - REMEDIAL ACTION › Section 7:26E-5.1 - Remedial action requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of a remedial action is to implement a remedy that removes, treats, or isolates contamination, and that is protective of the public health, safety and the environment.
(b) The person responsible for conducting the remediation shall implement a remedial action when:
1. The concentration of any contaminant exceeds any applicable remediation standard;
2. An environmentally sensitive natural resource is identified pursuant to N.J.A.C. 7:26E-1.16, in which the concentration of any contaminants of potential ecological concern at the site or area of concern exceeds any aquatic surface water quality standard, any ecological screening criterion, or site-specific ecological risk-based remediation goal approved by the Department pursuant to N.J.A.C. 7:26E-4.8(c)3; or
3. That person is ordered to do so by a court or the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 5 - REMEDIAL ACTION › Section 7:26E-5.2 - Specific remedial action requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation shall:
1. Select a remedial action that will prevent further exposure of any receptor to any residual contamination;
2. Develop and implement a monitoring program that will effectively monitor the performance of the remedial action;
3. Demonstrate compliance with the remediation standard or ecological risk-based remediation goal established pursuant to 7:26E-4.8 by:
i. Collecting a sufficient number of samples in appropriate locations to confirm the effectiveness of the remedial action;
ii. Collecting samples using appropriate sampling methods; and
iii. Analyzing samples for the contaminants of concern using appropriate analytical methods;
4. File a deed notice pursuant to 7:26C-7.2 when implementing a soil remedial action where the residual contaminant concentrations remaining will exceed the residential direct contact soil remediation standards; and
5. Obtain and comply with a remedial action permit pursuant to N.J.A.C. 7:26C-7for a restricted use or limited restricted use remedial action.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION › Subchapter 5 - REMEDIAL ACTION › Section 7:26E-5.3 - Remedial action requirements for residences, schools, and child care centers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For any remediation initiated on or after May 7, 2010, when new construction of, or a change in use to, a residence, a school, or child care center will occur, the person responsible for conducting remediation shall implement at that area of concern:
1. An unrestricted use remedial action;
2. A presumptive remedy consistent with (b) below, and Table 5-1 below; or
3. An alternative remedy.