N.J. Admin. Code § 7:26D-8.4

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

Section 7:26D-8.4 - Approval process for alternative remediation standards requiring prior approval from the Department

(a) Except as provided at N.J.A.C. 7:26D-8.5, the person responsible for conducting the remediation shall obtain prior approval from the Department, in accordance with (b) and (c) below, for an alternative remediation standard developed pursuant to this subchapter before using the alternative remediation standard at a specific site or area of concern.

(b) For each proposed alternative remediation standard, the person responsible for conducting the remediation shall collect and submit to the Department, along with the appropriate form(s) found on the Department's website at www.nj.gov/dep/srp/srra/forms, the information indicated for the proposed alternative remediation standard as described at N.J.A.C. 7:26D Appendices 6 through 9, incorporated herein by reference.

(c) The Department shall review the information the person responsible for conducting the remediation submits in accordance with (b) above, and shall respond as follows:

1. If the Department determines that the submitted information is acceptable, then the Department shall provide the person responsible for conducting the remediation with a written approval for the use of the alternative soil remediation standard at the specific site or area of concern; or

2. If the Department determines that the submitted information is deficient, then the Department shall provide comments to the person responsible for conducting the remediation describing the deficiencies, in which case:

i. The person responsible for conducting the remediation may correct the deficiencies and may resubmit the information to the Department for its review pursuant to (c) above; or

ii. The person responsible for conducting the remediation may withdraw the request for approval of a proposed alternative remediation standard.

(d) The person responsible for conducting the remediation shall not use the proposed alternative remediation standard if that person does not correct a deficiency noted by the Department pursuant to N.J.A.C. 7:26D-8.4(c)2.

N.J. Admin. Code § 7:26D-8.4

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