N.J. Admin. Code § 7:14A-9.2

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:14A-9.2 - Applicability

(a) The requirements in this subchapter apply to all sanitary landfills, except as provided at (c), (d) and (e) below.

(b) All sanitary landfills shall obtain a NJPDES DGW permit to conduct ground water monitoring as specified in this subchapter.

(c) Ground water monitoring pursuant to 7:14A-9.3 through 9.8 will be suspended for a municipal solid waste landfill (MSWLF) if the owner or operator can demonstrate that there is no potential for migration of any hazardous constituents from the MSWLF to the uppermost aquifer during the active life of the unit and the post-closure care period. This demonstration shall be certified by a qualified ground water scientist and approved by the Department and shall be based upon:

1. Site specific field collected measurements, sampling and analysis of physical, chemical, and biological processes affecting the contaminant fate and transport; and

2. Contaminant fate and transport predictions that maximize contaminant migration and consider impacts on human health and environment.

(d) For a sanitary landfill that is not a MSWLF under 40 CFR Parts 257 and 258, the Department may waive the requirement to sample for the complete list of Appendix A parameters when in detection mode, and for the complete list of the 40 C.F.R. 258 Appendix II parameters when in assessment or corrective monitoring mode. When the Department grants such a waiver, based upon the known characteristics of the waste and leachate quality, the contamination potential of the site, or historical permit conditions, the Department shall provide an alternate list of parameters to be monitored that are consistent with those factors. All sanitary landfills remain subject to all other requirements of 7:14A-9.3 through 9.8.

(e) The Department shall exempt a sanitary landfill from the requirement to obtain or maintain a NJPDES permit to conduct ground water monitoring as required by this subchapter when a ground water monitoring program equivalent to the provisions of this subchapter or 40 C.F.R. 258, whichever is more stringent, is being conducted pursuant to the requirements of the Industrial Site Recovery Act (13:1K-6 et seq., as amended), the Spill Compensation and Control Act (N.J.S.A. 58:10-23.1 1), or the Procedures for Department Oversight of the Remediation of Contaminated Sites at N.J.A.C. 7:26C.

(f) For the purposes of this subchapter, a "qualified ground water scientist" is a scientist or engineer who has received a baccalaureate or post-graduate degree in the natural sciences or engineering and has sufficient training and experience in ground water hydrology as may be demonstrated by state registration, professional certifications, or completion of accredited university programs that enable the individual to make sound professional judgments regarding ground water monitoring, containment fate transport, and corrective action.

N.J. Admin. Code § 7:14A-9.2