N.J. Admin. Code § 7:26C-7.3

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:26C-7.3 - Administrative requirements for establishing and removing a ground water classification exception area in a remedial action

(a) The person responsible for conducting the remediation who is proposing a ground water classification exception area shall complete and submit to the Department for the Department's approval a CEA/Well Restriction Area (WRA) Fact Sheet form available from the Department at www.nj.gov/dep/srp/srra/forms, to which the following shall be attached:

1. The information required pursuant to (b) below;

2. The map and cross sections required pursuant to (c) below;

3. The remedial investigation report submitted pursuant to N.J.A.C. 7:26E-4; and

4. A list of the names and addresses of those persons who were notified pursuant to (d) below.

(b) The person responsible for conducting the remediation shall include the following information with the CEA/Well Restriction Area (WRA) Fact Sheet form as required pursuant to (a)1 above:

1. Data tables that include for each contaminant:

i. Name;

ii. Maximum concentration in micrograms per liter ([micro]g/L);

iii. New Jersey Ground Water Quality Standard pursuant to N.J.A.C. 7:9C;

iv. New Jersey Surface Water Quality Standard pursuant to N.J.A.C. 7:9B, when contaminants in the ground water classification exception area may discharge to a surface water body; and

v. Vapor Intrusion Ground Water Screening Levels as developed by the Department;

2. A description of the fate and transport of the ground water contaminant plume, including a summary and description of all data, information, interpretations, and software used to describe the plume's fate and transport. The fate and transport information shall document:

i. That degradation products were addressed appropriately;

ii. How horizontal and vertical extent predictions were performed;

iii. How the ground water classification exception area duration was estimated;

iv. That the vapor intrusion pathway was included in the fate and transport description, if applicable; and

v. That a site-specific evaluation was conducted regarding how changes in property use or conditions above the ground water classification exception area could affect the fate and transport of the ground water contamination or of vapors emanating from the plume;

3. An estimate of the horizontal and vertical extent that the contaminated ground water plume is expected to travel before contaminant concentrations decrease to the applicable ground water quality standards; and

4. The estimated length of time that the ground water classification exception area will need to remain in place.

(c) The person responsible for conducting the remediation shall include the following map(s) and cross section(s) as required pursuant to (a)2 above:

1. A map of the ground water classification exception area, in both PDF and GIS-compatible formats. The GIS-compatible format shall be produced in conformance with guidance found at www.nj.gov/dep/srp/guidance/techgis/. The maps shall include the following information:

i. The known and predicted extent of the most mobile and the most persistent ground water contaminants;

ii. The prevailing ground water flow direction;

iii. The proposed ground water classification exception area boundary;

iv. The locations and identifications of wells and/or sampling points, including, but not limited to, those that represent:

(1) The farthest down gradient extent of the ground water contamination;

(2) The greatest width of the ground water contamination; and

(3) The greatest concentrations of ground water contamination;

v. The location(s) of all area(s) of concern that caused the ground water contamination; and

vi. The location(s) and identifications of the downgradient well(s) closest to the area(s) of concern identified in (a)1v above; and

2. A cross section figure along the prevailing ground water flow direction that defines the approximate ground water contaminant plume centerline. The cross section shall include identification of:

i. The location and identification of all wells and borings used to construct the cross section;

ii. The generalized location of the water table;

iii. The generalized hydrostratigraphy;

iv. The known and predicted extent of the contaminant plume;

v. The proposed upper and lower vertical boundaries of the ground water classification exception area; and

vi. The proposed horizontal boundary of the ground water classification exception area along the axis of the cross section.

(d) The person responsible for conducting the remediation shall notify by mailing a copy of the CEA/Well Restriction Area (WRA) Fact Sheet form, via certified mail, return receipt requested, the following persons of the intent to establish the ground water classification exception area:

1. The municipal and county clerks for each municipality and county in which the ground water classification exception area will be located;

2. The local, county and regional health department for each municipality and county in which the ground water classification exception area will be located;

3. The designated County Environmental Health Act agency for each county in which the ground water classification exception area will be located;

4. The county planning board for each county in which the ground water classification exception area will be located;

5. The Pinelands Commission if the ground water classification exception area is located within the jurisdiction of that Commission; and

6. Each owner of any real property that will be within the foot print of the ground water classification exception area.

(e) The Department shall establish a ground water classification exception area based upon the actual and projected area and depth of the contaminant plume in the ground water based on the information submitted pursuant to (b) and (c) above by posting the map of the ground water classification exception area and well restriction area on its website at www.nj.gov/dep/gis/geowebsplash.htm and the CEA/Well Restriction Area (WRA) Fact Sheet at datamine2.state.nj.us/DEP_OPRA/OpraMain/categories?category=Site+Case+sub-category. The Fact Sheet shall include the effective date establishing the CEA and its anticipated expiration date.

(f) The Department may revise or reestablish a ground water classification exception area at any time to more accurately reflect ground water conditions using any relevant data. The Department shall post an updated CEA/Well Restriction Area (WRA) Fact Sheet if it has revised the ground water classification exception area.

(g) The Department shall remove a ground water classification exception area based upon ground water data, collected pursuant to 7:26C-7.9(f), that indicate that the concentrations of contaminants in the ground water are at or below all of the applicable ground water quality standards.

(h) The ground water classification exception area established for historic fill or historically applied pesticides pursuant to the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-4.7(b) and 4.9(a), respectively, shall remain effective indefinitely. However, a ground water remedial action permit is not required for the ground water classification exception area resulting from historic fill or historically applied pesticides.

N.J. Admin. Code § 7:26C-7.3

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