N.J. Admin. Code § 7:1E-5.7

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:1E-5.7 - Discharge response

(a) Any person responsible for a discharge shall:

1. Take immediate action to stop the discharge;

2. Take all necessary and appropriate measures to contain, mitigate, clean up, and remove the discharge by:

i. Following the facility's approved DCR plan, prepared and implemented in accordance with N.J.A.C. 7:1E-4; or

ii. Remediating the discharge pursuant to the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C; and

3. Coordinate such actions with the Department.

(b) No person shall apply chemicals to a discharge without the prior approval of the Department or the federal on-scene coordinator under the National Oil and Hazardous Substances Pollution Contingency Plan pursuant to 40 CFR 300, unless such application is necessary to prevent or mitigate a situation that poses a serious and imminent threat to human life. In any such situation of imminent threat to human life, the owner or operator shall make reasonable efforts to secure the approval of the Department or the federal on-scene coordinator before applying chemicals. Approval to apply chemicals may be obtained verbally, including by telephone. Application of chemicals pursuant to a DCR plan approved by the Department shall be deemed to have prior approval. Unauthorized use of chemicals shall be regarded as a discharge in violation of 7:1E-1.11.

(c) Upon learning that a discharge of a hazardous substance has occurred, the Department may:

1. Act to contain, mitigate, clean up and remove the discharge; or

2. Take any other action to require any person responsible for the discharge to remediate the discharge pursuant to:

i. Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C; and

ii. The Technical Requirements for Site Remediation, N.J.A.C. 7:26E.

(d) The Department, at its discretion, may observe, supervise or participate in any aspect of containment, or cleanup and removal activities. In the exercise of its supervisory power, the Department may order any person to cease cleanup and removal activities and other discharge-related operations if it determines that the person is not capable of properly containing, cleaning up or removing a discharge, or if the Department determines that person is failing to conduct cleanup operations in a proper and expeditious manner.

N.J. Admin. Code § 7:1E-5.7

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