N.J. Admin. Code § 7:26C-2.3

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

Section 7:26C-2.3 - Requirements for the person responsible for conducting the remediation

(a) Upon the occurrence of any of the events listed in N.J.A.C. 7:26C-2.2(a), the person who is responsible for conducting the remediation at a site pursuant to N.J.A.C. 7:26C-1.4(a) shall:

1. Hire and maintain a licensed site remediation professional, unless:

i. The remediation is being conducted partially or solely to satisfy the obligations under the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., is a priority site under the Government Performance and Results Act, 40 U.S.C. §§ 11101 et seq., and the U.S. Environmental Protection Agency is the lead agency for the remediation;

ii. The remediation is being conducted on a site that is listed on the National Priorities List pursuant to the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq., and the U.S. Environmental Protection Agency is the lead agency for the remediation; or

iii. The remediation is being conducted at a Federal facility;

2. Notify the Department, on a form found on the Department's website at www.nj.gov/dep/srp/srra/forms, of the name and license information of the licensed site remediation professional hired to conduct or oversee the remediation and the scope of the remediation, including the number of contaminated areas of concern and impacted media known at the time the form is submitted and determined pursuant to N.J.A.C. 7:26C-4.2, within 45 days after:

i. May 7, 2012, when the earliest of the events listed at N.J.A.C. 7:26C-2.2(a) occurred prior to November 4, 2009; or

ii. The date of the occurrence of the earliest of the events listed at N.J.A.C. 7:26C-2.2(a), when the event occurred on or after November 4, 2009;

3. Conduct the remediation:

i. Without prior Department approval, except:

(1) If the Department directs otherwise;

(2) If the person is remediating the site, area of concern or site condition pursuant to N.J.A.C. 7:26C-14;

(3) If the remediation is being conducted pursuant to (a)1ii or iii above, or the site is being remediated 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., regardless of whether the U.S. Environmental Protection Agency or the Department is the lead agency for the remediation; or;

(4) If the site is suspected or known to be contaminated with anthropogenic radionuclide contamination of any media;

ii. In accordance with 7:26C-1.2(a); and

iii. By addressing all deficiencies identified by the Department in any submittals made by the person or by a licensed site remediation professional on behalf of the person;

4. Pay all applicable fees and oversight costs as required pursuant to N.J.A.C. 7:26C-4;

5. Establish a remediation funding source, if required, pursuant to N.J.A.C. 7:26C-5;

6. Provide the Department access to the contaminated site pursuant to N.J.A.C. 7:26C-8;

7. Provide the Department copies of all applicable documents concerning the remediation as required by this chapter and the Technical Requirements for Site Remediation rules, N.J.A.C. 7:26E, or upon request of the Department;

8. Meet the timeframes in this chapter and in the Technical Requirements for Site Remediation rules, N.J.A.C. 7:26E; and

9. Obtain and comply with all permits necessary for the remediation.

(b) A person responsible for conducting the remediation who has been conducting the remediation without a licensed site remediation professional prior to May 7, 2012 and is required to conduct the remediation using a licensed site remediation professional as of the effective date of this chapter shall comply with (a) above.

(c) The person responsible for conducting the remediation and the licensed site remediation professional shall notify the Department, on a form found on the Department's website at www.nj.gov/dep/srp/srra/forms:

1. Within two business days after the dismissal, resignation, or incapacity of that licensed site remediation professional, in cases where there is an immediate environmental concern; and

2. Within 45 days after the dismissal, resignation, or incapacity of that licensed site remediation professional, in cases where there is not an immediate environmental concern.

(d) The person responsible for conducting the remediation shall notify the Department, on a form found on the Department's website at www.nj.gov/dep/srp/srra/forms:

1. Within 48 hours after the dismissal, resignation, or incapacity of the former licensed site remediation professional identified in (c)1 above, of the name and license information of the replacement licensed site remediation professional; and

2. Within 45 days after the dismissal, resignation, or incapacity of the former licensed site remediation professional identified in (c)2 above, of the name and license information of the replacement licensed site remediation professional.

N.J. Admin. Code § 7:26C-2.3

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