N.J. Admin. Code § 7:26E-3.1

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:26E-3.1 - Preliminary assessment

(a) The purpose of a preliminary assessment is to determine whether contaminants are or were present at a site or have migrated or are migrating from a site, and thus whether additional remediation is necessary at a site due to the presence of any potentially contaminated areas of concern.

(b) The person responsible for conducting the remediation shall conduct a preliminary assessment when that person:

1. Is required to submit a completed Industrial Site Recovery Act General Information Notice to the Department pursuant to the Industrial Site Recovery Act, 13:1K-6 et seq., and its implementing rules at N.J.A.C. 7:26B;

2. Wants a final remediation document for the entire site;

3. Is remediating a site or portion of a site for use as a child care center, or for use as a public school, private school or charter school;

4. Is conducting an evaluation of a child care center pursuant to Department of Community of Affairs Act, 52:27D-130.4, and the Manual of Requirements for Child Care Centers, at 10:122-5.2(i), as part of the license application or renewal for the child care center; or

5. Is ordered to do so by a court or the Department.

(c) The person responsible for conducting the remediation who is subject to (b) above shall conduct a preliminary assessment, which shall include, at a minimum, the results of research conducted on the following topics:

1. A diligent search from the time the site was naturally vegetated to the present, including an investigation of all documents that are reasonably likely to contain information related to the site, which documents are in a person's possession, custody or control, or in the possession, custody or control of any other person from whom the person conducting the search has a legal right to obtain such documents;

2. Inquiries of current and former employees and agents whose duties include or included any responsibility for hazardous substances, hazardous wastes, or pollutants, and any other current and former employees or agents who may have knowledge or documents relevant to the inquiry;

3. An evaluation of site specific operational and environmental information, both current and historic collected pursuant to (c)1 and 2 above; and

4. A site inspection to verify the above findings.

(d) If a potentially contaminated area of concern is identified during the preliminary assessment, the person responsible for conducting the remediation who is subject to (b) above shall conduct a site investigation pursuant to 7:26E-3.3 through 3.14.

(e) If no potentially contaminated area of concern is identified during the preliminary assessment, no further remediation is required; except that the person responsible for conducting the remediation who is subject to (b) above, shall submit to the Department a preliminary assessment report pursuant to 7:26E-3.2, with a form found on the Department's website at http://www.nj.gov/dep/srp/srra/forms if:

1. The person responsible for conducting the remediation is required to submit a Industrial Site Recovery Act General Information Notice pursuant to the Industrial Site Recovery Act, 13:1K-6 et seq., and its implementing rules at N.J.A.C. 7:26B. The person responsible for conducting the remediation shall submit the preliminary assessment report and form within 90 days after the General Information Notice is required to be submitted to the Department; or

2. The provisions at (b)2 through 5 above apply.

N.J. Admin. Code § 7:26E-3.1