N.J. Admin. Code § 7:14A-10.14

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:14A-10.14 - Corrective action program

(a) The owner or operator required to establish a compliance monitoring program under this subchapter shall take corrective action to ensure that hazardous waste facility units are in compliance with the ground water protection standards of N.J.A.C. 7:9C. The Department shall specify the ground water protection standard in the NJPDES-DGW permit, including:

1. A list of the hazardous constituents identified under 7:14A-10.7;

2. Concentration limits under 7:14A-10.8 for each of those hazardous constituents;

3. The relevant point of compliance under 7:14A-10.9; and

4. The compliance period under 7:14A-10.10.

(b) The owner or operator shall implement a corrective action program that prevents hazardous constituents from exceeding their respective concentration limits at the compliance point by removing the hazardous waste constituents or treating them in place. The permit shall specify the specific measures that shall be taken.

(c) The owner or operator shall begin corrective action within a reasonable time period after the ground water protection standard is exceeded. The Department shall specify that time period in the NJPDES-DGW permit. If a NJPDES-DGW permit includes a corrective action program in addition to a compliance monitoring program, the permit shall specify when the corrective action will begin and such a requirement will operate in lieu of 7:14A-10.13(i)2.

(d) In conjunction with a corrective action program, the owner or operator shall establish and implement a ground water monitoring program to demonstrate the effectiveness of the corrective action program Such a monitoring program may be based on the requirements for a compliance monitoring program under 7:14A-10.13 and shall be as effective as that program in determining compliance with the ground water protection standard under 7:14A-10.6 and in determining the success of a corrective action program under (e) below, where appropriate.

(e) In addition to the other requirements of this section, the owner or operator shall conduct a corrective action program to remove or treat in place any hazardous constituents under 7:14A-10.7 that exceed concentration limits under 7:14A-10.8 in ground water as specified in (e)1 and 2 below. Corrective action measures under this subsection shall be initiated and completed within a reasonable period of time, as specified in the NJPDES-DGW permit, considering the extent of contamination. Corrective action measures under this subsection may be terminated once the concentration of hazardous constituents under 7:14A-10.13. is reduced to levels below their respective concentration limits under 7:14A-10.8.

1. Between the compliance point under 7:14A-10.9 and the downgradient property boundary; and

2. Beyond the facility boundary where necessary to protect human health and the environment, unless the owner or operator demonstrates to the satisfaction of the Department that, despite the owners or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake such action. The owner or operator is not relieved of all responsibility to clean up a release that has migrated beyond the facility boundary where offsite access is denied. Onsite measures to address such releases shall be determined on a case by case basis.

(f) The owner or operator shall continue corrective action measures during the compliance period to the extent necessary to ensure that the ground water protection standard is not exceeded. If the owner or operator is conducting corrective action at the end of the compliance period, the owner or operator shall continue that corrective action for as long as necessary to achieve compliance with the ground water protection standard. The owner or operator may terminate corrective action measures taken beyond the period equal to the active life of the hazardous waste facility area (including the closure period) if the owner or operator can demonstrate, based on data from the ground water monitoring program under (d) above that the ground water protection standard of 7:14A-10.6 has not been exceeded for a period of three consecutive years.

(g) The owner or operator shall report in writing to the Department on the effectiveness of the corrective action program. The owner or operator shall submit these reports semiannually.

(h) If the owner or operator determines that the corrective action program no longer satisfies the requirements if this section, the owner or operator shall, within 90 days after said determination, submit an application for a permit modification to make any appropriate changes to the program.

N.J. Admin. Code § 7:14A-10.14