N.J. Admin. Code § 7:26D-8.3

Current through Register Vol. 56, No. 12, June 17, 2024

Section 7:26D-8.3 - Development of an alternative remediation standard

(a) An alternative remediation standard for a site or area of concern:

1. May be developed for soil, for the following exposure pathways:

i. Ingestion-dermal exposure pathway using the procedures at N.J.A.C. 7:26D Appendix 6, incorporated herein by reference;

ii. Inhalation exposure pathway using the procedures at N.J.A.C. 7:26D Appendix 7, incorporated herein by reference; and

iii. Migration to ground water exposure pathway using the procedures at N.J.A.C. 7:26D Appendix 8, incorporated herein by reference;

2. May be developed for indoor air, for the vapor intrusion exposure pathway, using the procedures at N.J.A.C. 7:26D Appendix 9, incorporated herein by reference.

(b) The Department may, upon its own initiative and in accordance with N.J.S.A. 58:10B-12.f(2), require the development and use of an alternative remediation standard for a particular contaminant for a particular site or area of concern that is either more or less stringent than the remediation standards established by this chapter.

(c) The person responsible for conducting the remediation who develops an alternative remediation standard that requires prior approval from the Department shall follow the approval process outlined at N.J.A.C. 7:26D-8.4.

(d) The person responsible for conducting the remediation who develops an alternative remediation standard that does not require prior approval from the Department shall follow the process outlined at N.J.A.C. 7:26D-8.5.

(e) In accordance with the Site Remediation Reform Act, at N.J.S.A. 58:10C-21, the alternative remediation standards developed pursuant to this subchapter shall be subject to the Department inspection and review process as described in the Site Remediation Reform Act at N.J.S.A. 58:10C-21a.

N.J. Admin. Code § 7:26D-8.3

Adopted by 53 N.J.R. 775(b), effective 5/17/2021