N.J. Admin. Code § 7:26C-6.2

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

Section 7:26C-6.2 - Response action outcomes

(a) The licensed site remediation professional retained by the person responsible for conducting the remediation pursuant to N.J.A.C. 7:26C-2.3(a)1 shall issue a response action outcome to the person who has conducted the remediation:

1. When, in the opinion of the licensed site remediation professional, the site or area of concern has been remediated pursuant to (c), (f) and (g) below;

2. After the Department has issued all remedial action permits required for the remedial action, including a modified remedial action permit required due to a change in a remedial action pursuant to N.J.A.C. 7:26C-6.4;

3. After the person responsible for conducting the remediation has paid to the Department all fees and oversight costs;

4. After all wells no longer used for remediation have been properly decommissioned or otherwise accounted for pursuant to N.J.A.C. 7:9D;

5. For an entire site or one or more areas of concern, including all areas to which contamination originating at the site or area of concern may have migrated; and

6. According to specific tax block and lot or, if no block and lot are available, then other specific identification of the property that was remediated.

(b) The licensed site remediation professional shall:

1. Prepare and issue a response action outcome pursuant to:

i. The requirements of this section; and

ii. The Model Response Action Outcome included in Appendix D of this chapter, including all applicable inserts, incorporated herein by reference; and

2. File each response action outcome with the Department, within 30 days after issuing the response action outcome, with:

i. A form found on the Department's website at www.nj.gov/dep/srp/srra/forms; and

ii. One copy, pursuant to 7:26C-1.6, of all data, documents and information concerning remediation, including, but not limited to, technical records, raw sampling and monitoring data, whether the data and information relate in any way to the site or area of concern, and any contractual documents specifically requested by the Department, including technical records and contractual documents, developed by the licensed site remediation professional, the licensee's divisions, employees, agents, accountants, contractors, or attorneys, or a prior licensed site remediation professional for the remediation to the extent that the subsequent licensed site remediation professional relied on the work of the earlier licensed site remediation professional.

(c) The licensed site remediation professional shall base his or her opinion as to whether to issue the response action outcome on the hierarchy in 7:26C-1.2(a).

(d) The licensed site remediation professional may rely on a remedial action workplan or other equivalent plan the Department has approved for a site for the remedial action to be implemented at that site.

(e) The licensed site remediation professional shall correct all deficiencies identified by the Department in the Department's inspection and review findings, pursuant to 7:26C-6.4(e).

(f) If the licensed site remediation professional issues a response action outcome that is based upon either a preliminary assessment or site investigation, the licensed site remediation professional shall certify that the contaminants at the site or area of concern meet all of the following, as applicable:

1.The most stringent soil remediation standards in the Remediation Standards rules, N.J.A.C. 7:26D;

2. The applicable ground water remediation standards in the Remediation Standards rules, N.J.A.C. 7:26D; and

3. All other applicable remediation guidance, criteria, and standards.

(g) The licensed site remediation professional shall only issue a response action outcome after the licensed site remediation professional has determined that the remediation has been completed pursuant to (c) above, including, without limitation, the following, as applicable:

1. All contaminated soil has been remediated:

i. To the most stringent soil remediation standard; or

ii. The Department has issued a soil remedial action permit pursuant to N.J.A.C. 7:26C-7; and

2. All contaminated groundwater has been remediated:

i. To the applicable ground water remediation standard; or

ii. The Department has issued a ground water remedial action permit pursuant to N.J.A.C. 7:26C-7.

(h) In accordance with (a) above, no other licensed site remediation professional may issue a response action outcome for the remediation.

N.J. Admin. Code § 7:26C-6.2

Amended by 50 N.J.R. 1715(b), effective 8/6/2018