N.J. Admin. Code § 7:26E-4.1

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

Section 7:26E-4.1 - Remedial investigation requirements

(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.

(b) The person responsible for conducting the remediation shall conduct a remedial investigation when:

1. The concentration of any contaminant exceeds any remediation standard;

2. The concentration of any contaminant exceeds any aquatic surface water quality standard or ecological screening criterion; or

3. A person is ordered to do so by a court or the Department.

(c) The person responsible for conducting the remediation shall conduct the remedial investigation pursuant to the requirements of this subchapter and within the applicable regulatory timeframe listed in 7:26E-4.10.

(d) The person responsible for conducting the remediation shall prepare and submit to the Department a remedial investigation work plan for written approval from the Department that describes all the actions to be conducted to fulfill the purpose of (a) above and the requirements of (c) above when the remediation is being conducted:

1. Partially or solely to satisfy the obligations under the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., and is a priority site under the Government Performance and Results Act, 40 U.S.C. §§ 11101 et seq.;

2. At a site on the National Priorities List pursuant to the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq.; or

3. At a Federal facility that seeks or is required to obtain the Department's remedial concurrence.

N.J. Admin. Code § 7:26E-4.1

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