N.J. Admin. Code § 7:26E-1.5

Current through Register Vol. 56, No. 11, June 3, 2024
Section 7:26E-1.5 - General remediation requirements
(a) The person responsible for conducting the remediation shall conduct remediation pursuant to this chapter and 7:26C-1.2.
(b) Any person conducting remediation pursuant to this chapter shall apply, pursuant to 7:26C-1.2(a)3, any available and appropriate technical guidance concerning site remediation as issued by the Department, or shall provide a written rationale and justification for any deviation from guidance. The Department's technical guidance can be found on the Department's website at http://www.nj.gov/dep/srp/srra/guidance.
(c) The person responsible for conducting the remediation of a site shall remediate to comply with the Remediation Standards, N.J.A.C. 7:26D.
(d) All work being conducted at a site pursuant to this chapter shall be documented and included in reports which contain the information required pursuant to the reporting sections of N.J.A.C. 7:26E-1 through 5.
(e) The person responsible for conducting the remediation has a continuing obligation to ensure that the Department receives all complete, accurate and relevant information regarding remediation performed pursuant to this chapter.
(f) The person responsible for conducting the remediation shall provide site specific information and documents related to remediation at a site when, and in the manner, requested by the Department.
(g) All borings and wells must be installed and decommissioned pursuant to the Well Construction and Maintenance; Sealing of Abandoned Wells rules, N.J.A.C. 7:9D.
(h) The person responsible for conducting the remediation may return excavated soil from drill cuttings or test pit excavations to the original location provided that:
1. Drill cuttings are returned in accordance with the Well Construction and Maintenance; Sealing of Abandoned Wells rules, N.J.A.C. 7:9D;
2. Neither free product nor residual product is present;
3. The contamination present is addressed as part of the remediation of the area of concern in compliance with this chapter; and
4. The replacement of the soil does not pose any additional threat to public health, safety, or the environment.
(i) The person responsible for conducting the remediation who is conducting remediation in the Pinelands shall do so consistent with the provisions of the Pinelands Protection Act, 13:18A-1 et seq., and any rules promulgated pursuant thereto, and with section 502 of the National Parks and Recreation Act of 1978, 16 U.S.C. § 4711, and shall:
1. Submit to the New Jersey Pinelands Commission copies of all final reports or workplans for preliminary assessments, site investigations, remedial investigations and remedial actions submitted to the Department pursuant to this chapter at the same time the document is submitted to the Department;
2. Submit, for approval, a completed New Jersey Pinelands Commission application for development with a copy of the remedial action workplan or remedial design and construction documents to the New Jersey Pinelands Commission prior to implementing a remedial action;
3. Not commence any construction activity until the New Jersey Pinelands Commission approves the remediation in writing; and
4. Send the information required pursuant to this subsection to the New Jersey Pinelands Commission at the following address:

New Jersey Pinelands Commission

P.O. Box 359

15 Springfield Road

New Lisbon, NJ 08064

N.J. Admin. Code § 7:26E-1.5

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