N.J. Admin. Code § 7:26C-3.3
Current through Register Vol. 56, No. 11, June 3, 2024
Section 7:26C-3.3 - Statutory and mandatory remediation timeframes(a) The person responsible for conducting the remediation who is remediating any discharge that was identified or should have been identified (for example, through a preliminary assessment or site investigation) prior to May 7, 1999, shall complete the remedial investigation of the entire site and submit the remedial investigation report by the following applicable date: 1. May 7, 2014, for those persons who applied for an extension but the Department then revoked the extension pursuant to N.J.S.A. 58:10C-27.1.c;2. May 7, 2016, for those persons who applied for and continued to meet the conditions for an extension pursuant to N.J.S.A. 58:10C-27.1.a;3. Two years after receipt of funding from the Hazardous Discharge Site Remediation Fund, or two years after the Department determines that the applicant is no longer eligible for such funding, for those persons who applied for the extension pursuant to N.J.S.A. 58:10C-27.1.b; or4. May 7, 2014, for all other persons subject to N.J.S.A. 58:10C-27.a(3).(b) For all sites not subject to N.J.S.A. 58:10C-27.a(3), the person responsible for conducting the remediation who meets the criteria in N.J.A.C. 7:26C-1.4(a)1 through 7 shall: 1. If required to conduct a preliminary assessment and site investigation pursuant to the Industrial Site Recovery Act, 13:1K-6 et seq., or a site investigation pursuant to the New Jersey Underground Storage of Hazardous Substances Act, 58:10A-21 et seq., submit the preliminary assessment and/or site investigation report, as applicable, within two years from the later of the following dates: ii. When the earliest of any of the events listed at 7:26C-2.2(a)1 through 6 occurs;2.Submit the initial receptor evaluation report containing the information required by 7:26E-1.12 through 1.16 known at the time the report is submitted within two years from the later of the following dates: ii. When the earliest of any of the events listed at 7:26C-2.2(a)1 through 6 occurs;3.Initiate immediate environmental concern contaminant source control and submit an Immediate Environmental Concern Contaminant Source Control Report, pursuant to the Technical Requirements for Site Remediation, at 7:26E-1.11, no later than two years from the later of the following dates: ii. The date the person was required to report the immediate environmental concern to the Department pursuant to the Technical Requirements for Site Remediation rules, at N.J.A.C. 7:26E-1.11;4. Complete a remedial investigation for the delineation of light non-aqueous phase liquid (LNAPL), initiate implementation of an LNAPL interim remedial measure, initiate monitoring, and submit an LNAPL interim remedial measure report with a form available from the Department's website at www.nj.gov/dep/srp/srra/forms [File Link Not Available], pursuant to the Technical Requirements for Site Remediation, at 7:26E-1.10, within two years from the later of the following dates: ii. The date the person identified the presence of LNAPL pursuant to N.J.A.C. 7:26E-1.10;5. Complete the remedial investigation of the contaminated site and submit the remedial investigation report, with a form found on the Department's website at www.nj.gov/dep/srp/srra/forms, as described at 7:26E-1.6(a)1, by the date which is two years after the date of the regulatory timeframes established pursuant to the Technical Requirements for Site Remediation at 7:26E-4.10; and6. Complete the remedial action of the contaminated site and submit the remedial action report, with a form found on the Department's website at www.nj.gov/dep/srp/srra/forms [File Link Not Available], as described at 7:26E-1.6(a)1, by the date which is two years after the date of the regulatory timeframes established pursuant to the Technical Requirements for Site Remediation at 7:26E-5.8.(c) The timeframes set forth in (a) or (b) above shall not be extended based on the fact that a person other than the person who initiated the remediation assumes responsibility for the remediation pursuant to N.J.A.C. 7:26C-2.2.(d) When a person responsible for conducting the remediation has failed to meet a statutory or mandatory remediation timeframe, that site is subject to direct oversight. (e) A person responsible for conducting the remediation as set forth in (a) above is ineligible for an extension of the remedial investigation timeframe set forth in (a) above.(f) A person responsible for conducting the remediation as set forth in (b) above may request an extension of a mandatory remediation timeframe pursuant to N.J.A.C. 7:26C-3.5.N.J. Admin. Code § 7:26C-3.3
Amended by 50 N.J.R. 1715(b), effective 8/6/2018