N.J. Admin. Code § 7:26E-5.1

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

Section 7:26E-5.1 - Remedial action requirements

(a) The purpose of a remedial action is to implement a remedy that removes, treats, or isolates contamination, and that is protective of the public health, safety and the environment.

(b) The person responsible for conducting the remediation shall implement a remedial action when:

1. The concentration of any contaminant exceeds any applicable remediation standard;

2. An environmentally sensitive natural resource is identified pursuant to N.J.A.C. 7:26E-1.16, in which the concentration of any contaminants of potential ecological concern at the site or area of concern exceeds any aquatic surface water quality standard, any ecological screening criterion, or site-specific ecological risk-based remediation goal approved by the Department pursuant to N.J.A.C. 7:26E-4.8(c)3; or

3. That person is ordered to do so by a court or the Department.

(c) The person responsible for conducting the remediation shall conduct the remedial action within the applicable regulatory timeframe listed in 7:26E-5.8 by:

1. Implementing all remedial actions required to address the contamination at a site, pursuant to the requirements of this subchapter;

2. Submitting a remedial action report for all remedial actions at the site to the Department pursuant to 7:26E-5.7; and

3. Ensuring that a licensed site remediation professional submits a final remediation document to the Department pursuant to the Administrative Requirements for the Remediation of Contaminated Sites, at 7:26C-6.2.

(d) The person responsible for conducting the remediation shall ensure that each remedial action:

1. Is protective of public health, safety and the environment;

2. Uses any required engineering and institutional controls in conjunction with a remedial action permit, whenever a restricted use remedy or a limited restricted use remedy is implemented to remediate a site;

3. Does not in itself cause an uncontrolled or unpermitted discharge or transfer of contaminants from one medium to another;

4. Complies with all applicable remediation standards in effect at the time the remedial action workplan was approved by the Department or a licensed site remediation professional, provided, however, that if an applicable numeric remediation standard decreases by an order of magnitude or more prior to the issuance of a final remediation document for the site being remediated, the person responsible for conducting remediation shall conduct all additional remedial action necessary to comply with the revised remediation standard;

5. Complies with applicable Federal, State, and local laws and regulations, including, without limitation, the provisions of the Pinelands Protection Act, P.L. 1979, c. 111 (13:18A-1 et seq.), any rules promulgated pursuant thereto, and the provisions of section 502 of the National Parks and Recreation Act of 1978, 16 U.S.C. § 4711; and

6. Does not in itself cause a natural resource injury.

(e) The person responsible for conducting the remediation shall treat or remove free product and residual product to the extent practicable, or contain free product and residual product when treatment or removal is not practicable. Monitored natural attenuation of free product and residual product is prohibited.

(f) The person responsible for conducting the remediation shall submit a remedial action workplan prepared pursuant to N.J.A.C. 7:26E-5.5 or a corrective measures study work plan prepared pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., to the Department for written approval when the remediation is being conducted:

1. Partially or solely to satisfy the obligations under the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq. and is a priority site under the Government Performance and Results Act, 40 U.S.C. §§ 11101 et seq.;

2. At a site on the National Priorities List pursuant to the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq.; or

3. At a Federal facility that seeks or is required to obtain the Department's remedial concurrence.

N.J. Admin. Code § 7:26E-5.1

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