N.J. Admin. Code § 7:26E-1.11

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

Section 7:26E-1.11 - Immediate environmental concern requirements

(a) The person responsible for conducting the remediation shall, upon the identification of any immediate environmental concern (IEC):

1. Immediately call the Department's hotline at 1-877 WARNDEP or 1-877-927-6337 and immediately notify the case manager if one is assigned;

2. Address the IEC impacts as follows:

i. Within five days after identifying a potable water IEC:

(1) Provide an interim response action to address any potable well impacted by contamination from the site that exceeds any Class II ground water quality standard; and

(2) Provide a copy and explanation of the analytical results from the potable well to the property owner, occupant (if applicable), and designated local health department;

ii. Within 14 days after identifying a vapor intrusion IEC:

(1) Provide an interim response action to address any building subject to the vapor intrusion that exceeds the Department's rapid action level (RAL) available on the Department's website at http://www.nj.gov/dep/srp/srra/guidance; and

(2) Provide a copy and explanation of the vapor intrusion analytical results to the property owner, occupant (if applicable), and designated local health department;

iii. Within five days after identifying a direct contact IEC:

(1) Provide an interim response action to address any human exposure to the contamination from the site via direct contact; and

(2) Provide a copy and explanation of the direct contact analytical results to the property owner, occupant (if applicable), and designated local health department;

3. Within 14 days after identifying an IEC, submit the following to the Department:

i. A completed form found on the Department's website at www.nj.gov/dep/srp/srra/forms. Information to be supplied by filling out the form includes:

(1) Site identification information;

(2) A summary of the information describing the type of IEC reported, the contaminant source, and the type of submittal being made;

(3) The name of the responsible entity and a certification statement; and

(4) The name of the licensed site remediation professional or certified subsurface evaluator, as applicable, and a certification statement;

ii. A completed spreadsheet, found on the Department's website at www.nj.gov/dep/srp/srra/forms, which contains all test results and actions taken to remediate the IEC. Information to be supplied by filling out the form includes:

(1) Site identification information;

(2) Property location and ownership information;

(3) Analytical results;

(4) A summary of the immediate response actions; and

(5) The name of the licensed site remediation professional or certified subsurface evaluator, as applicable, and license or certification number;

iii. A map indicating the location of the site, the locations of the impacted receptors, and sample locations; and

iv. A copy of the documentation required by (a)2i(2), ii(2) or iii(2) above;

4. Within 14 days after receipt of the IEC analytical data from the laboratory, submit all IEC analytical results to the Department with full laboratory data deliverables with the form found on the Department's website at www.nj.gov/dep/srp/srra/forms;

5. Provide routine updates to the Department on the progress of addressing the IEC on a schedule set by the Department's IEC case manager;

6. Within 60 days after identifying any IEC:

i. For a potable water IEC:

(1) Implement an engineered response action by providing water treatment or an alternative water supply to address the contamination in wells with contaminant concentrations exceeding any Class II ground water quality standard. If water treatment is the selected engineered response action, a post installation sample is required and results must be reported to the property owner, occupant (if applicable), and designated local health department. The engineered response action must provide potable water to the entire building that the impacted potable well serves; and

(2) Identify and sample all potable wells, pursuant to 7:26E-1.14, within a 500-foot radius of the impacted potable well when the ground water flow direction is not known and within 500 feet side gradient and down gradient and 250 feet up gradient of the impacted well when the ground water flow direction is known. If additional impacted potable wells are identified, continue to identify and sample all potable wells pursuant to this subparagraph;

ii. For a vapor intrusion IEC:

(1) Implement an engineered response action by installing a vapor remedial action system for each building where the indoor air results exceed the Department's rapid action level. Post-installation sampling is required and the results must be reported to the property owner, occupant (if applicable), and designated local health department; and

(2) Identify and sample all buildings within 100 feet of the impacted building, identify any additional buildings whose air may be impacted and conduct additional vapor intrusion investigations pursuant to 7:26E-1.15;

iii. For a direct contact IEC, implement an engineered response action that prevents physical human contact with contaminants;

7. Within 120 days after identifying any IEC, submit to the Department an IEC engineered response action report that includes the following:

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

ii. A description of all remediation performed in response to the IEC, detailing the interim response actions and engineered response actions that have been completed, including the date that each action is conducted pursuant to (a)6 above;

iii. A summary of all analytical data related to the IEC and the engineered response action;

iv. All maps and figures related to the IEC and the engineered response action;

v. An updated spreadsheet found on the Department's website at www.nj.gov/dep/srp/srra/forms and

vi. A GIS compatible map of the currently known extent of ground water contamination, the vapor intrusion area, or the direct contact area, as applicable;

8. Within one year after identifying any IEC, identify all contaminant source areas contributing to the IEC, initiate control of all IEC contaminant source areas, and submit to the Department an IEC source control report that includes the following:

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

ii. A detailed description of the all contaminant source areas identified, results of the updated receptor evaluation, the engineered response action taken at the receptor(s), and actions being implemented to remediate the IEC contaminant source;

iii. An updated spreadsheet found on the Department's website at www.nj.gov/dep/srp/srra/forms;

iv. All maps and figures related to the IEC;

v. A GIS compatible map of the currently known extent of ground water contamination, the vapor intrusion area, or the direct contact area, as applicable;

vi. A data usability determination;

vii. A monitoring plan for any engineered response action; and

viii. A monitoring plan for the wells or buildings located near the wells or buildings that are impacted by the IEC; and

9. Until the Department issues a remedial action permit that includes the IEC, provide annual monitoring and maintenance reports to the Department that detail the monitoring of contaminated properties and receptors and monitoring conducted for wells and buildings that are located near the wells and buildings that are impacted by the IEC.

N.J. Admin. Code § 7:26E-1.11

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