N.J. Admin. Code § 7:26E-5.2

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

Section 7:26E-5.2 - Specific remedial action requirements

(a) The person responsible for conducting the remediation shall:

1. Select a remedial action that will prevent further exposure of any receptor to any residual contamination;

2. Develop and implement a monitoring program that will effectively monitor the performance of the remedial action;

3. Demonstrate compliance with the remediation standard or ecological risk-based remediation goal established pursuant to 7:26E-4.8 by:

i. Collecting a sufficient number of samples in appropriate locations to confirm the effectiveness of the remedial action;

ii. Collecting samples using appropriate sampling methods; and

iii. Analyzing samples for the contaminants of concern using appropriate analytical methods;

4. File a deed notice pursuant to 7:26C-7.2 when implementing a soil remedial action where the residual contaminant concentrations remaining will exceed the residential direct contact soil remediation standards; and

5. Obtain and comply with a remedial action permit pursuant to N.J.A.C. 7:26C-7for a restricted use or limited restricted use remedial action.

(b) Except as provided in (c) below, the person responsible for conducting the remediation may incorporate alternative fill from an off-site source into a remedial action without prior written approval from the Department provided that no alternative fill:

1. Contains any contaminant that is not already present at the receiving area of concern above the applicable soil remediation standard in order to ensure that no new contaminant above the applicable soil remediation standard is brought to the receiving area of concern;

2. Contains a concentration of any individual contaminant above the 75th percentile of that contaminant's concentrations at the receiving area of concern in order to ensure that the existing concentration of that contaminant is not exceeded; and

3. Is imported in excess of the volume required to restore the pre-remediation topography and elevation of the receiving area of concern in order to ensure that the volume of alternative fill used in the remedy for the receiving area of concern only includes the volume of alternative fill necessary to achieve this objective.

(c) For alternative fill from an off-site source that does not meet any of the requirements of (b)1, 2, or 3 above, the person responsible for conducting the remediation shall obtain prior written approval from the Department before bringing that alternative fill to the site. The person responsible for conducting the remediation shall include the technical information outlined in N.J.A.C. 7:26E-1.7(a) as part of the request.

(d) The person responsible for conducting the remediation may use alternative fill from an on-site source as part of a remedial action at an area of concern:

1. Without prior written approval from the Department, provided that the individual contaminants present in the alternative fill are also present at the receiving area of concern at concentrations above applicable remediation standards; or

2. Only after obtaining prior written approval from the Department before incorporating that alternative fill at the receiving area of concern, if the concentrations of the individual contaminants at the receiving area of concern are not above applicable remediation standards. The person responsible for conducting the remediation shall include the technical information outlined in N.J.A.C. 7:26E-1.7(a) as part of the request for written approval from the Department.

(e) The person responsible for conducting the remediation shall ensure that all clean fill material meets the definition of clean fill pursuant to 7:26E-1.8.

(f) The person responsible for conducting the remediation shall not import hazardous waste as fill material.

(g) The person responsible for conducting the remediation shall not use any fill containing free liquid.

(h) The person responsible for conducting the remediation shall prepare a fill use plan whenever alternative fill or clean fill is proposed as part of a remedial action and shall submit the fill use plan to the Department as part of the remedial action workplan required pursuant to 7:26E-5.5.

N.J. Admin. Code § 7:26E-5.2

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