reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 10 - TECHNICAL ASSISTANCE GRANTS › Section 7:26C-10.6 - Eligible technical assistance grant activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The community group shall use the technical assistance grant to hire a licensed site remediation professional that is not associated with any person responsible for conducting the remediation of the contaminated site.
(b) The community group shall use the technical assistance grant to offset the costs of the licensed site remediation professional to:
1. Interpret and comment on remediation documents, including technical reports and analytical data prepared by the person responsible for conducting the remediation;
2. Participate in public meetings concerning the contaminated site;
3. Evaluate the potential impacts of the remediation on the community based upon the information provided by the person responsible for conducting the remediation; and
4. Interpret site information that is ancillary to the remediation, including, but not limited to, public health and redevelopment information, as these issues may be relevant.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 10 - TECHNICAL ASSISTANCE GRANTS › Section 7:26C-10.7 - Reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The community group shall submit the following reports to the Department for the duration of the technical assistance grant:
1. Annual progress reports which include the following information:
i. Invoices associated with the services provided by the licensed site remediation professional;
ii. A project summary sheet prepared in accordance with the Department's Cost Guide at
www.nj.gov/dep/srp/srra/community
;
iii. A list of technical assistance grant project milestones;
iv. A description of the community group's progress towards completing its technical assistance grant project;
v. A description of any problems the community group encountered that prevented progress toward completing the technical assistance grant project; and
vi. Annual financial status reports;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 11 - HAZARDOUS DISCHARGE SITE REMEDIATION FUND › Section 7:26C-11.1 - Scope and requirements

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter provides the requirements for a person to apply for a loan or a grant from the Hazardous Discharge Site Remediation Fund.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 11 - HAZARDOUS DISCHARGE SITE REMEDIATION FUND › Section 7:26C-11.2 - Application for loans and grants

Current through Register Vol. 56, No. 14, July 15, 2024
An applicant, as defined at N.J.A.C. 19:31-8.2, New Jersey Economic Development Authority, Authority Assistance Programs, may apply for a loan or grant from the Hazardous Discharge Site Remediation Fund by submitting to the Department a completed form and following the instructions, both of which are found on the Department's website at
www.nj.gov/dep/srp/srra/forms
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 11 - HAZARDOUS DISCHARGE SITE REMEDIATION FUND › Section 7:26C-11.3 - Grants for reimbursement of prior remediation costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person responsible for conducting remediation may apply for a grant for reimbursement of remediation costs that were incurred prior to an application pursuant to this subchapter provided that:
1. The remediation costs were incurred after June 16, 1993;
2. If a person other than a licensed site remediation professional conducted the remediation, the Department has approved the remediation associated with the remediation costs; and
3. If a licensed site remediation professional conducted a phase of remediation and submitted the document to the Department pursuant to this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 11 - HAZARDOUS DISCHARGE SITE REMEDIATION FUND › Section 7:26C-11.4 - Disbursements of grants and loans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person responsible for conducting remediation using a loan or a grant as part of the remediation funding source requirement shall comply with N.J.A.C. 7:26C-5.12for the disbursement of funds.
(b) A person responsible for conducting remediation using a loan or grant, other than as part of a remediation funding source, shall comply with N.J.A.C. 7:26C-5.12(b) for a site where the remediation is subject to direct oversight.
(c) All other persons responsible for conducting remediation shall request disbursement of loan or grant funds by submitting to the Department a completed form available on the Department's website at
www.nj.gov/dep/srp/srra/forms
. Instructions for completing the form are also available on the website.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 12 - PETROLEUM UNDERGROUND STORAGE TANK REMEDIATION, UPGRADE, AND CLOSURE FUND FOR A REGULATED UNDERGROUND STORAGE TANK › Section 7:26C-12.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter sets forth the requirements for any person to apply for a loan and/or grant from the Petroleum Underground Storage Tank Remediation, Upgrade, and Closure Fund, to fund projects pursuant to the Underground Storage Tank Finance Act, N.J.S.A. 58:10A-37.1et seq., except that this subchapter does not apply to applications for a loan or grant for remediation costs associated with an unregulated heating oil tank. For such requirements, see N.J.A.C. 7:26F-7, Petroleum Underground Storage Tank Remediation, Upgrade, and Closure Fund.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 12 - PETROLEUM UNDERGROUND STORAGE TANK REMEDIATION, UPGRADE, AND CLOSURE FUND FOR A REGULATED UNDERGROUND STORAGE TANK › Section 7:26C-12.2 - Application for loans and grants

Current through Register Vol. 56, No. 14, July 15, 2024
An applicant, as defined at N.J.S.A. 58:10A-37.2, may apply for a loan and/or a grant from the Petroleum Underground Storage Tank Remediation, Upgrade, and Closure Fund by submitting to the Department a completed form and following the form's instructions, both of which are found on the Department's website at
www.nj.gov/dep/srp/srra/forms
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 12 - PETROLEUM UNDERGROUND STORAGE TANK REMEDIATION, UPGRADE, AND CLOSURE FUND FOR A REGULATED UNDERGROUND STORAGE TANK › Section 7:26C-12.3 - Grants for reimbursement of prior remediation costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person responsible for conducting remediation may apply for a grant for reimbursement of remediation costs which occurred prior to application provided:
1. The remediation costs were incurred after August 30, 1997; and
2. The remediation performed was not paid for prior to submitting the application for a grant, other than those costs associated with performing a preliminary assessment or site investigation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 12 - PETROLEUM UNDERGROUND STORAGE TANK REMEDIATION, UPGRADE, AND CLOSURE FUND FOR A REGULATED UNDERGROUND STORAGE TANK › Section 7:26C-12.4 - Disbursements of grants and loans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person responsible for conducting a remediation subject to direct oversight shall comply with N.J.A.C. 7:26C-5.12(b) for the disbursement of grant or loan funds.
(b) All other persons responsible for conducting a remediation shall request disbursement of grant or loan funds by submitting to the Department a completed form available on the Department's website at
www.nj.gov/dep/srp/srra/forms
. Instructions for completing the form are also available on the website.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 14 - DIRECT OVERSIGHT › Section 7:26C-14.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter contains provisions that specify:
1. The compulsory direct oversight triggers and requirements applicable when the person responsible for conducting the remediation becomes subject to the compulsory statutory provisions for direct oversight in 7:26C-14.2;
2. The discretionary direct oversight triggers and the criteria the Department will evaluate when considering a remediation of a contaminated site for direct oversight in 7:26C-14.3; and
3. The criteria the Department will evaluate in determining whether to adjust the applicable requirements for the remediation of a contaminated site in direct oversight in 7:26C-14.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 14 - DIRECT OVERSIGHT › Section 7:26C-14.2 - Compulsory direct oversight

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for conducting the remediation shall comply with the statutory requirements for direct oversight, pursuant to 58:10C-27, whenever:
1. The person responsible for conducting the remediation has been the object of two enforcement actions, concerning the remediation, during any five-year period after May 7, 2009;
2. The person responsible for conducting the remediation has failed to meet:
i. A mandatory remediation timeframe established by the Department pursuant to 7:26C-3.3, including any extension thereof granted by the Department;
ii. An expedited site-specific timeframe established by the Department pursuant to 7:26C-3.4, including any extension thereof granted by the Department; or
iii. A schedule established pursuant to an administrative order or court order; or
3. A discharge was discovered prior to May 7, 1999 and the person responsible for conducting the remediation has failed to complete the remedial investigation of the entire contaminated site by May 7, 2014.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 14 - DIRECT OVERSIGHT › Section 7:26C-14.3 - Discretionary direct oversight

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may evaluate undertaking direct oversight of a portion, a condition, or the entire remediation of a contaminated site when the contamination at the site:
1. Includes chromate chemical production waste and either of the following apply:
i. Hexavalent chromium (Cr+6) is detected in the soil in excess of 20 milligrams per kilogram of dry weight soil (mg/kg or ppm); or
ii. The Cr+6 contamination in ground water exceeds 70 micrograms per liter of solution ([micro]g/l or ppb);
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 14 - DIRECT OVERSIGHT › Section 7:26C-14.4 - Adjustments in direct oversight

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After the person responsible for conducting the remediation complies with the requirements for direct oversight pursuant to N.J.A.C. 7:26C-14.2(b), the Department may, in its sole discretion, determine that certain of those direct oversight requirements are no longer appropriate to a specific case based upon a finding that such an action would be:
1. In the public interest; and
2. Protective of public health and safety and the environment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 15 - CONFIDENTIALITY › Section 7:26C-15.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter sets forth the procedures for making information received by the Department available to the public and maintaining confidentiality of certain parts of that information, including:
1. General information pertaining to confidentiality at 7:26C-15.2;
2. The process for asserting a confidentiality claim at 7:26C-15.3;
3. The process for determining the validity of a confidentiality claim at 7:26C-15.4;
4. The process concerning the exchange of confidential information between the Department and other public agencies at 7:26C-15.5;
5. The procedure for disclosing confidential information to contractors at 7:26C-15.6;
6. The process for disclosing information by consent at 7:26C-15.7;
7. When the Department may disclose confidential information upon a finding of imminent and substantial danger at 7:26C-15.8;
8. The procedures the Department will use to ensure the security of confidential information at 7:26C-15.9; and
9. The penalties for wrongful access to or disclosure of confidential information at 7:26C-15.10.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 15 - CONFIDENTIALITY › Section 7:26C-15.2 - General information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Until such time as a final confidentiality determination has been made, access to any information for which a confidentiality claim has been made shall be limited to Department employees, representatives, and contractors, whose activities necessitate such access and as provided in this subchapter.
(b) If a request for public disclosure of information is made for interagency or intra-agency memoranda or letters, the Department may deny this request if such request is exempted from disclosure pursuant to the Freedom of Information Act 5 U.S.C. §
										552(b)(5) or the Open Public Records Act, 47:1A-3.
(c) If a request for information is made for investigatory records, the Department may deny the request if such request is exempted from disclosure pursuant to the Freedom of Information Act, 5 U.S.C. §
										552(b)(7) or the Open Public Records Act, 47:1A-3.
(d) The Department shall not disclose to any person information for which a confidentiality claim has been asserted except as provided in this subchapter or as otherwise required by law.
(e) Nothing in this section shall be construed as prohibiting the incorporation of confidential information into cumulations of data subject to disclosure as public records, provided that such disclosure is not in a form that would foreseeably allow a person, not otherwise having knowledge of such confidential information, to deduce from it the confidential information or the identity of the person who supplied it to the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 15 - CONFIDENTIALITY › Section 7:26C-15.3 - Process for submitting confidentiality claims

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person required to submit any information to the Department pursuant to this chapter, N.J.A.C. 7:14B, N.J.A.C. 7:26B, N.J.A.C. 7:26D, or N.J.A.C. 7:26E, which in the person's opinion constitutes a trade secret, proprietary information, specific information regarding a real estate transaction at an industrial establishment that subjects the transaction to the Industrial Site Recovery Act, other than the fact that the transaction has occurred and the general nature of such transaction, or information related to national security, may assert a confidentiality claim by following the procedures set forth in this subchapter and by paying the appropriate fee pursuant to 7:26C-4.3(a).
(b) Any person asserting a confidentiality claim pursuant to (a) above shall submit two copies of the document to the Department that contains the purportedly confidential material, a non-redacted copy, and a copy in which the purportedly confidential material has been redacted. The non-redacted copy shall conform to the following:
1. The top of each page of the first submission containing the information which the person alleges to be entitled to confidential treatment shall be stamped or otherwise marked "CONFIDENTIAL" in bold type:
2. All parts of the text that the person alleges to be entitled to confidential treatment shall be underscored or highlighted in a clearly identifiable manner. This manner of marking confidential information shall be such that both the allegedly confidential information and the underscoring or highlighting is reproducible on photocopying machine; and
3. The non-redacted copy shall be sealed in an envelope which shall display the word "CONFIDENTIAL" in bold type or stamp on both sides. This envelope, together with the redacted submission (which may or may not be enclosed in a separate envelope, at the option of the person), shall be enclosed in another envelope for transmittal to the Department. The outer envelope shall bear no marking indicating the confidential nature of the contents.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 15 - CONFIDENTIALITY › Section 7:26C-15.4 - Confidentiality determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Department receives a request for a confidentiality determination that complies with 7:26C-15.3, the Department shall determine that the information for which a confidentiality claim has been asserted is confidential as follows:
1. The person has asserted a confidentiality claim pursuant to this subchapter which has not expired by its terms, been waived or withdrawn;
2. The person has shown that reasonable measures were taken to protect the confidentiality of the information and that the person intends to continue to take such measures;
3. The person has demonstrated that the information is not, and has not been, available or otherwise disclosed to any other person without the consent of the person asserting a confidentiality claim (other than by subpoena or by discovery based on a showing of special need in a judicial or quasi-judicial proceeding, as long as the information has not become available to persons not involved in the proceeding);
4. The person has demonstrated that no statute or regulation specifically requires disclosure of the information; and
5. Except for information related to national security, the person has shown that disclosure of the information would be likely to cause substantial damage to its competitive position.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 15 - CONFIDENTIALITY › Section 7:26C-15.5 - Exchange of confidential information between the Department and other public agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may disclose confidential information to persons other than Department employees, representatives, and contractors only as provided in this section.
(b) The Department may disclose confidential information to another state agency or to a Federal agency if:
1. The Department is required by law to disclose the information;
2. The Department receives a written request for disclosure of the information from a duly authorized officer or employee of the other agency;
3. The request sets forth the official purpose for which the information is needed;
4. The Department notifies the other agency of the Department's determination that the information is entitled to confidential treatment, or of any unresolved confidentiality claim covering the information;
5. The other state or Federal agency has first furnished to the Department a written legal opinion from the agency's chief legal officer or counsel stating that under applicable law, the agency has the authority to compel the person who submitted the information to the Department to disclose such information to the other agency;
6. The other agency has obtained the written consent of the affected person to the proposed disclosure; and
7. The other agency has adopted regulations or operates under statutory authority that will allow it to preserve confidential information from unauthorized disclosure.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 15 - CONFIDENTIALITY › Section 7:26C-15.6 - Disclosure of confidential information to contractors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may disclose confidential information to a contractor of the Department if the contract in question provides that the contractor and the contractor's employees, agents and representatives shall use the information only for the purpose of carrying out the work required by the contract, shall not disclose the information to anyone the Department has not authorized in writing, shall store the information in locked cabinets in secure rooms, and shall return to the Department all copies of the information, and any abstracts or extracts there from, upon request by the Department or whenever the information is no longer required by the contractor for the performance of the work required by the contract.
(b) Within 30 calendar days after the disclosure of the information to its contractors, the Department shall notify in writing the person who supplied the confidential information of:
1. Its disclosure to its contractors;
2. The date on which disclosure was made;
3. The name of the contractor to which disclosure was made; and
4. A description of the information disclosed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 15 - CONFIDENTIALITY › Section 7:26C-15.7 - Disclosure by consent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may disclose any confidential information to any person if it has obtained the written consent of the person who made the confidentiality claim to such disclosure.
(b) The giving of consent by the person who made the confidentiality claim to disclose shall not be deemed to waive a confidentiality claim with regard to further disclosures unless the authorized disclosure is of such nature as to make the disclosed information accessible to the general public.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 15 - CONFIDENTIALITY › Section 7:26C-15.8 - Imminent and substantial danger

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon a finding that disclosure of confidential information would serve to alleviate an immediate and substantial danger to the public health and safety or the environment, the Department may disclose confidential information to any person whose role in alleviating the danger to public health and safety or the environment necessitates that disclosure. Any such disclosure shall be limited to information necessary to enable the person to whom it is disclosed to carry out the activities in addressing the danger.
(b) Any disclosure made pursuant to this section shall not be deemed a waiver of a confidentiality claim, nor shall the disclosure of itself be grounds for any determination that the information is no longer entitled to confidential treatment.
(c) Within 30 calendar days after the disclosure of the information, the Department shall notify in writing the person who supplied the confidential information of:
1. Its disclosure;
2. The date on which disclosure was made;
3. The name of the person to which disclosure was made; and
4. A description of the information disclosed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 15 - CONFIDENTIALITY › Section 7:26C-15.9 - Security procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Submissions to the Department, pursuant to 7:26C-15.3, will be opened only by persons authorized by the Department engaged in administering this chapter.
(b) Only those Department employees whose activities necessitate access to information for which a confidentiality claim has been made, shall open any envelope that is marked "CONFIDENTIAL".
(c) The Department shall store all submissions entitled to confidential treatment as determined by this subchapter in locked cabinets.
(d) Any record made or maintained by Department employees, representatives, or contractors that contains confidential information shall contain appropriate indicators identifying that the information is confidential.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 15 - CONFIDENTIALITY › Section 7:26C-15.10 - Wrongful access or disclosure remedies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person may disclose, seek access to, obtain or have possession of any confidential information obtained by the Department, except as authorized by this subchapter.
(b) Every Department employee, representative, and contractor who has custody or possession of confidential information shall take appropriate measures to safeguard such information and to protect against its improper disclosure.
(c) A Department employee, representative, or contractor shall not disclose, or use for his or her private gain or advantage, any information that came into his or her possession, or to that he or she gained access, by virtue of his or her official position of employment or contractual relationship with the Department.
(d) If the Department finds that any person has violated the provisions of this subchapter, it may:
1. Commence a civil action in Superior Court for a restraining order and an injunction barring that person from further disclosing confidential information; and
2. Pursue any other remedy available by law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 16 - LINEAR CONSTRUCTION PROJECTS › Section 7:26C-16.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to specify the:
1. Requirements for a person engaged in a linear construction project, in 7:26C-16.2; and
2. Required fees for a person engaged in a linear construction project, in 7:26C-16.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 16 - LINEAR CONSTRUCTION PROJECTS › Section 7:26C-16.2 - Requirements for a person engaged in a linear construction project

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who initiates a linear construction project shall:
1. Hire a licensed site remediation professional to oversee the management of contamination encountered during the linear construction project;
2. Notify the Department of the linear construction project and the name of the licensed site remediation professional on a form available from the Department on its website at
www.nj.gov.dep/srp/srra/forms
either:
i. At least 45 days prior to initiating construction on a project with known or suspected contamination; or
ii. Within 45 days after detecting contamination on a project where it was assumed contamination was not present;
3. Conduct the linear construction project without prior Department approval;
4. Pay all applicable fees as required pursuant to 7:26C-16.2;
5. Provide the Department access to the linear construction project pursuant to N.J.A.C. 7:26C-8;
6. Obtain and comply with all permits necessary for the linear construction project pursuant to N.J.A.C. 7:26C-7 and 7:26E-5.6; and
7. Provide the Department a final report that describes the management of contamination encountered during the linear construction project, within 180 days after completion of the project or upon request of the Department, whichever occurs sooner.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES › Subchapter 16 - LINEAR CONSTRUCTION PROJECTS › Section 7:26C-16.3 - Required fees for a person engaged in a linear construction project

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person conducting a linear construction project shall pay the following fees:
1. $ 450.00 with the notification of the linear construction project required pursuant to 7:26C-16.2(a)2; and
2. A fee based on the number of contaminated properties, or parts of properties, with the linear construction project final report required pursuant to 7:26C-16.2(a)7  as follows:
i. $ 1,000 for one through five contaminated properties or parts of contaminated properties;
ii. $ 3,000 for six through 10 contaminated properties or parts of contaminated properties; or
iii. $ 5,000 for 11 or more contaminated properties or parts of contaminated properties.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26D - REMEDIATION STANDARDS › Subchapter 1 - GENERAL INFORMATION › Section 7:26D-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter implements the Brownfield and Contaminated Site Remediation Act, N.J.S.A. 58:10B-1et seq., and other statutes, by establishing remediation standards for ground water, surface water, soil, soil leachate, and indoor air.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26D - REMEDIATION STANDARDS › Subchapter 1 - GENERAL INFORMATION › Section 7:26D-1.2 - Scope

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 concerning standards for the remediation of contaminants in ground water, surface water, soil, soil leachate, and indoor air.
(b) Remediating ground water, surface water, soil, or indoor air to any applicable remediation standard set forth in this chapter shall not relieve any person from:
1. Complying with more stringent requirements or provisions imposed under any other Federal, State, or local applicable statutes, rules, or regulations; and
2. Obtaining any and all permits required by Federal, State, or local statutes, rules, or regulations.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26D - REMEDIATION STANDARDS › Subchapter 1 - GENERAL INFORMATION › Section 7:26D-1.3 - Construction and severability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter shall be liberally construed to permit the Department to effectuate the purposes of the statutes listed in 7:26D-1.4(a).
(b) If any subchapter, section, subsection, provision, clause, or portion of this chapter, or the application thereof to any person, is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the subchapter, section, subsection, provision, clause, portion, or application 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 or the application thereof to other persons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26D - REMEDIATION STANDARDS › Subchapter 1 - GENERAL INFORMATION › Section 7:26D-1.4 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter establishes the remediation standards for ground water, surface water, soil, soil leachate, and indoor air for contaminated sites in New Jersey including, without limitation, those sites subject to:
1. The Industrial Site Recovery Act (ISRA), 13:1K-6 et seq.;
2. The New Jersey Underground Storage of Hazardous Substances Act (UST), 58:10A-21 et seq.;
3. The Spill Compensation and Control Act, N.J.S.A. 58:10-23.1 1a et seq.;
4. The Solid Waste Management Act, N.J.S.A. 13:E-1 et seq.;
5. The Water Pollution Control Act, 58:10A-1 et seq.;
6. The Brownfield and Contaminated Site Remediation Act, 58:10B-1 et seq.;
7. The Comprehensive Regulated Medical Waste Management Act, 13:1E-48.1 et seq.;
8. The Major Hazardous Waste Facilities Siting Act, 13:1E-49 et seq.;
9. The Sanitary Landfill Facility Closure and Contingency Fund Act, 13:1E-100 et seq.; and
10. The Regional Low-Level Radioactive Waste Disposal Facility Siting Act, 13:1E-177 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26D - REMEDIATION STANDARDS › Subchapter 2 - MINIMUM GROUND WATER REMEDIATION STANDARDS › Section 7:26D-2.2 - Ground water remediation standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The remediation standards for ground water are:
1. For Class II ground water, the Ground Water Quality Standards developed pursuant to 7:9C-1.7(c) and (d);
2. For Class I-A and Class I-PL, Ground Water Quality Standards developed pursuant to 7:9C-1.7(a) and (b);
3. For Class III-A and Class III-B, Ground Water Quality Standards developed pursuant to 7:9C-1.7(e) and (f); and
4. For all ground water, regardless of classification, each of the following narrative ground water remediation standards, as applicable:
i. The general ground water quality policies in 7:9C-1.2;
ii. The narrative ground water quality criteria in 7:9C-1.7;
iii. The ground water quality antidegradation policy in 7:9C-1.8;
iv. The remediation requirements in N.J.A.C. 7:26E-1 through 5 in order to both:
(1) Address the adverse impact of the contamination on the ground water itself; and
(2) Limit additional risks posed by the contamination to the human health and safety and to the environment;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26D - REMEDIATION STANDARDS › Subchapter 3 - SURFACE WATER REMEDIATION STANDARDS › Section 7:26D-3.2 - Surface water remediation standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The remediation standards for surface water are:
1. The numeric New Jersey Surface Water Quality Standards, N.J.A.C. 7:9B-1.14(c) through (h); and
2. The following narrative surface water remediation standards:
i. The general surface water quality policies in 7:9B-1.5;
ii. The surface water quality criteria at N.J.A.C. 7:9B-1.14(a) and (b);
iii. The remediation requirements at N.J.A.C. 7:26E-1 through 5 in order to both:
(1) Address the adverse impact of the contamination on the surface water itself; and
(2) Limit additional risks posed by the contamination to the public health and safety and to the environment; and
iv. The free and residual product removal, treatment, or containment requirements of N.J.A.C. 7:26E-5.1(e).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26D - REMEDIATION STANDARDS › Subchapter 4 - SOIL AND SOIL LEACHATE REMEDIATION STANDARDS › Section 7:26D-4.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter establishes remediation standards for soil and soil leachate.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26D - REMEDIATION STANDARDS › Subchapter 4 - SOIL AND SOIL LEACHATE REMEDIATION STANDARDS › Section 7:26D-4.2 - Soil remediation standards for the ingestion-dermal exposure pathway

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The soil remediation standard for the ingestion-dermal exposure pathway for each contaminant listed at N.J.A.C. 7:26D Appendix 1, Tables 1 and 2, is:
1. The more stringent value of the carcinogenic or noncarcinogenic ingestion-dermal human health-based criterion; or
2. The reporting limit, if the reporting limit is greater than the value determined at (a)1 above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26D - REMEDIATION STANDARDS › Subchapter 4 - SOIL AND SOIL LEACHATE REMEDIATION STANDARDS › Section 7:26D-4.3 - Soil remediation standards for the inhalation exposure pathway

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The soil remediation standard for the inhalation exposure pathway for each contaminant listed at N.J.A.C. 7:26D Appendix 1, Tables 3 and 4, is:
1. The more stringent value of the carcinogenic or noncarcinogenic inhalation human health-based criterion; or
2. The reporting limit, if the reporting limit is greater than the value determined at (a)1 above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26D - REMEDIATION STANDARDS › Subchapter 4 - SOIL AND SOIL LEACHATE REMEDIATION STANDARDS › Section 7:26D-4.4 - Soil and soil leachate remediation standards for the migration to ground water exposure pathway

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The soil remediation standard for the migration to groundwater exposure pathway for each contaminant listed at N.J.A.C. 7:26D Appendix 1, Table 5 is the greater of:
1. The migration to ground water soil criterion; or
2. The reporting limit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26D - REMEDIATION STANDARDS › Subchapter 5 - INDOOR AIR REMEDIATION STANDARDS › Section 7:26D-5.2 - Indoor air remediation standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The indoor air remediation standards for the vapor intrusion exposure pathway for each contaminant listed at N.J.A.C. 7:26D Appendix 1, Tables 7 and 8, incorporated herein by reference, were developed as follows:
1. The more stringent value of the carcinogenic or noncarcinogenic indoor air human health-based criterion; or
2. The reporting limit, if the reporting limit is greater than the value determined at (a)1 above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26D - REMEDIATION STANDARDS › Subchapter 6 - INTERIM REMEDIATION STANDARDS › Section 7:26D-6.2 - Interim remediation standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may establish an interim remediation standard for:
1. Soil, soil leachate, and indoor air when a contaminant is not listed at N.J.A.C. 7:26D Appendix 1; and
2. Ground water when a contaminant is not listed in the Ground Water Quality Standards, N.J.A.C. 7:9C Appendix, Table 1.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26D - REMEDIATION STANDARDS › Subchapter 6 - INTERIM REMEDIATION STANDARDS › Section 7:26D-6.3 - Publication and promulgation of interim remediation standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall publish on its website a listing of all interim remediation standards developed pursuant to this chapter and the technical basis used in their derivation.
(b) Interim soil remediation standards developed pursuant to this chapter shall be replaced with duly promulgated soil remediation standards as soon as reasonably possible.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26D - REMEDIATION STANDARDS › Subchapter 7 - UPDATING REMEDIATION STANDARDS › Section 7:26D-7.2 - Procedures for updating remediation standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall update a remediation standard for soil or indoor air at N.J.A.C. 7:26D Appendix 1 when:
1. The USEPA revises toxicity information contained in the Integrated Risk Information System (IRIS) database;
2. The Department uses new or revised toxicity information developed by the New Jersey Drinking Water Quality Institute when promulgating a new or revised maximum contaminant level (MCL) for a drinking water constituent;
3. The Department uses new or revised toxicity information when promulgating a new or revised ground water quality standard; or
4. The USEPA revises or replaces its Integrated Environmental Uptake Biokinetic (IEUBK) Model and Adult Lead Model (ALM) and input parameters for lead.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26D - REMEDIATION STANDARDS › Subchapter 8 - ALTERNATIVE REMEDIATION STANDARDS › Section 7:26D-8.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter sets forth the procedures for the development and approval of alternative remediation standards for:
1. Soil for the ingestion-dermal exposure pathway and inhalation exposure pathway;
2. Soil and soil leachate for the migration to ground water exposure pathway; and
3. Indoor air for the vapor intrusion exposure pathway.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26D - REMEDIATION STANDARDS › Subchapter 8 - ALTERNATIVE REMEDIATION STANDARDS › Section 7:26D-8.2 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
An alternative remediation standard developed pursuant to this subchapter in lieu of a remediation standard established by N.J.A.C. 7:26D-2, 3, 4, 5, or 6, shall be used only at the site or area of concern for which it is developed and approved.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26D - REMEDIATION STANDARDS › Subchapter 8 - ALTERNATIVE REMEDIATION STANDARDS › Section 7:26D-8.3 - Development of an alternative remediation standard

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An alternative remediation standard for a site or area of concern:
1. May be developed for soil, for the following exposure pathways:
i. Ingestion-dermal exposure pathway using the procedures at N.J.A.C. 7:26D Appendix 6, incorporated herein by reference;
ii. Inhalation exposure pathway using the procedures at N.J.A.C. 7:26D Appendix 7, incorporated herein by reference; and
iii. Migration to ground water exposure pathway using the procedures at N.J.A.C. 7:26D Appendix 8, incorporated herein by reference;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26D - REMEDIATION STANDARDS › Subchapter 8 - ALTERNATIVE REMEDIATION STANDARDS › Section 7:26D-8.4 - Approval process for alternative remediation standards requiring prior approval from the Department

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided at N.J.A.C. 7:26D-8.5, the person responsible for conducting the remediation shall obtain prior approval from the Department, in accordance with (b) and (c) below, for an alternative remediation standard developed pursuant to this subchapter before using the alternative remediation standard at a specific site or area of concern.
(b) For each proposed alternative remediation standard, the person responsible for conducting the remediation shall collect and submit to the Department, along with the appropriate form(s) found on the Department's website at
www.nj.gov/dep/srp/srra/forms
, the information indicated for the proposed alternative remediation standard as described at N.J.A.C. 7:26D Appendices 6 through 9, incorporated herein by reference.
(c) The Department shall review the information the person responsible for conducting the remediation submits in accordance with (b) above, and shall respond as follows:
1. If the Department determines that the submitted information is acceptable, then the Department shall provide the person responsible for conducting the remediation with a written approval for the use of the alternative soil remediation standard at the specific site or area of concern; or
2. If the Department determines that the submitted information is deficient, then the Department shall provide comments to the person responsible for conducting the remediation describing the deficiencies, in which case:
i. The person responsible for conducting the remediation may correct the deficiencies and may resubmit the information to the Department for its review pursuant to (c) above; or
ii. The person responsible for conducting the remediation may withdraw the request for approval of a proposed alternative remediation standard.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26D - REMEDIATION STANDARDS › Subchapter 8 - ALTERNATIVE REMEDIATION STANDARDS › Section 7:26D-8.5 - Process for the development of alternative remediation standards not requiring prior approval by the Department

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the person responsible for conducting the remediation is not required to obtain prior approval from the Department for the implementation of an alternative remediation standard developed pursuant to this subchapter, the person responsible shall:
1. For each proposed alternative remediation standard, collect the information indicated for each applicable exposure pathway as described at N.J.A.C. 7:26D Appendices 6, 7, 8, and 9, incorporated herein by reference; and
2. Submit to the Department the information described in (a)1 above with the applicable remedial phase report or workplan pursuant to the Technical Requirements for Site Remediation, N.J.A.C. 7:26E.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26D - REMEDIATION STANDARDS › Appendix 5

Current through Register Vol. 56, No. 14, July 15, 2024
DEVELOPMENT OF INDOOR AIR REMEDIATION STANDARDS FOR THE VAPOR INTRUSION EXPOSURE PATHWAY
This appendix describes the procedures and equations used by the Department to develop the indoor air remediation standards for the vapor intrusion exposure pathway as contained at N.J.A.C. 7:26D Appendix 1, Tables 7 and 8. This appendix is also used to develop interim indoor air remediation standards for the vapor intrusion exposure pathway pursuant to N.J.A.C. 7:26D-6 and for updating indoor air remediation standards for the vapor intrusion exposure pathway pursuant to N.J.A.C. 7:26D-7.
If the calculated indoor air human health-based criterion for a contaminant is less than the reporting limit, the indoor air remediation standard defaults to the reporting limit.
Equations 1 and 2 below are derived from the USEPA, Regional Screening Levels (RSLs)--Equations (November 2018). A detailed explanation of the derivation of Equations 1 and 2 is contained at N.J.A.C. 7:26D Appendix 12.
Equation 1--Carcinogenic Indoor Air Human Health-Based Criteria
Click here to view image
Parameter
Definition
Units
Default
IAc
Carcinogenic indoor air human healthbased criterion
µg/m3
Chemical specific
TR
Target cancer risk
unitless
1 x 10-6
AT
Averaging time
days/year
365
LT
Lifetime
years
70
EF
Exposure frequency
days/year
350 (Residential) 250 (Nonresidential-indoor worker)
ED
Exposure duration
years
26 (Residential) 25 (Nonresidential)
ET
Exposure time
hours/day
24 (Residential) 8 (Nonresidential)
IUR
Inhalation unit risk
(µg/m3)-1
Chemical specific
Equation 2--Noncarcinogenic Indoor Air Human Health-Based Criteria
Click here to view image
Parameter
Definition
Units
Default
IAnc
Noncarcinogenic indoor air human healthbased criterion
µg/m3
Chemical specific
THQ
Target hazard quotient
unitless
1
AT
Averaging time
days/year
365
ED
Exposure duration
years
26 (Residential) 25 (Nonresidential)
EF
Exposure frequency
days/year
350 (Residential) 250 (Nonresidential-indoor worker)
ET
Exposure time
hours/day
24 (Residential) 8 (Nonresidential)
RfC
Inhalation reference concentration
mg/m3
Chemical specific