N.J. Admin. Code § 7:26E-5.3

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

Section 7:26E-5.3 - Remedial action requirements for residences, schools, and child care centers

(a) For any remediation initiated on or after May 7, 2010, when new construction of, or a change in use to, a residence, a school, or child care center will occur, the person responsible for conducting remediation shall implement at that area of concern:

1. An unrestricted use remedial action;

2. A presumptive remedy consistent with (b) below, and Table 5-1 below; or

3. An alternative remedy.

(b) For any remediation initiated on or after May 7, 2010, when new construction of, or a change in use to, a residence, a school, or a child care center will occur, the person responsible for conducting the remediation shall, except as provided in (c) below, implement an unrestricted use remedial action or a presumptive remedy in the following two situations:

1. A discrete area discharge; and

2. Widespread polychlorinated biphenyl contamination where the planned use is Residential Type I.

(c) For any remediation initiated on or after May 7, 2010, when new construction of, or a change in use to, a residence, a school, or a child care center will occur, when the person responsible for conducting the remediation determines not to use an unrestricted use remedial action or a presumptive remedy, the person responsible for conducting the remediation shall:

1. Propose an alternative remedy by preparing and submitting to the Department for written approval a remedial action workplan pursuant to N.J.A.C. 7:26E-5.5that includes the following information:

i. An analysis describing how:

(1) The presumptive remedy is impractical due to site conditions; or

(2) The alternative remedy would be equally protective over time as the presumptive remedy;

ii. A detailed description of the alternative remedy including specifications for engineering and institutional controls and a plan for monitoring of such controls; and

iii. An explanation of how the alternative remedy is protective of public health, safety and the environment; and

2. Obtain the Department's written approval prior to implementation of the alternative remedy.

(d) For any remediation initiated on or after May 7, 2010, when new construction of, or a change in use to, a residence, a school, or a child care center will occur, the person responsible for conducting the remediation shall submit a remedial action workplan pursuant to N.J.A.C. 7:26E-5.5 and obtain the Department's written approval before implementing a remedial action at any area of concern:

1. Containing unexploded ordnance, polychlorinated dibenzo-p-dioxins, polychlorinated dibenzofurans, hexavalent chromium, or landfills; or

2. When treatment or removal of free product or residual product is not practicable.

(e) The new construction of, or change in use to, a single family residence, school, or child care center is prohibited on a landfill that undergoes remediation initiated on or after May 7, 2010, if engineering controlsare required for the management of landfill gas or leachate.

Table 5-1
Presumptive Remedies for Soil Contamination at Schools, Child Care Centers, and Residences
Contamination	Subcategories/Scenarios	Presumptive	Remedial	Remedial
Type	Remedy/Remediation	Action -	Action -
Goal	Schools, Child	Type I
Care Centers,	Residential
and Type II
Residential
Historic Fill	Play	Restricted	Option #1. Barrier	Same
and/or all other	Areas-Loose	Use	- Minimum of one foot	engineering
discharged	Fill Surface	clean loose fill	control
contaminants not	(for example,	material; Buffer	requirement as
otherwise	mulch, sand,	- Minimum of one foot	Schools, Child
excluded in	etc.)	clean loose fill	Care Centers
N.J.A.C.	material;	and Type II
7:26E-5.3	Demarcation -	Residential
Geotextile fabric;
and Inspection -
Quarterly. Option
#2. Barrier -
Minimum of two feet
clean loose fill
material; Buffer
- Minimum of two feet
clean loose fill
material;
Demarcation -
Visible contamination
boundary marker or
geotextile fabric;
and Inspection -
Semi-annual.
Historic Fill	Play	Restricted	Option #1. Barrier	Same
and/or all other	Areas-Unitary	Use	- Proposed surface of	engineering
discharged	Material	unitary material and	control
contaminants not	Surface (for	a minimum of six	requirement as
otherwise	example,	inches crushed stone;	Schools, Child
excluded in	Tile, Rubber	Buffer - Minimum	Care Centers
N.J.A.C.	Mat,	of six inches crushed	and Type II
7:26E-5.3	Artificial	stone; Demarcation	Residential
Turf)	- Geotextile fabric;
and Inspection -
Annual. Option #2.
Barrier -
Proposed surface of
unitary material and
a minimum of four
inches of concrete or
asphalt; Buffer
- Four inches of sub
base; Demarcation
- Visible
contamination
boundary marker; and
Inspection -
Annual. Option #3.
Barrier -
Proposed surface of
unitary material and
a minimum of one foot
clean fill; Buffer
- Minimum of one foot
clean fill;
Demarcation -
Visible contamination
boundary marker; and
Inspection -
Annual.
Historic Fill	Play Areas	Restricted	Option #1. Barrier	Same
and/or all other	- Other	Use	- Vegetative cover	engineering
discharged	Unpaved	with a minimum of one	control
contaminants not	Playing	foot clean fill;	requirement as
otherwise	Surfaces (for	Buffer - Minimum	Schools, Child
excluded in	example,	of one foot clean	Care Centers
N.J.A.C.	athletic	fill; Demarcation	and Type II
7:26E-5.3	fields)	- Geotextile fabric;	Residential
and Inspection -
Annual. Option #2.
Barrier -
Vegetative cover with
a minimum of two feet
clean fill; Buffer
- Minimum of two feet
clean fill;
Demarcation -
Visible contamination
boundary marker; and
Inspection -
Annual.
Historic Fill	Concrete	Restricted	Barrier -	Same
and/or all other	or Asphalt	Use	Minimum of four	engineering
discharged	Surfaces (for	inches of concrete or	control
contaminants not	example,	asphalt; Buffer	requirement as
otherwise	Driveways,	- Minimum of four	Schools, Child
excluded in	Roadways,	inches of sub base;	Care Centers
N.J.A.C.	Parking,	Demarcation -	and Type II
7:26E-5.3	Walkways,	Visible contamination	Residential
Bicycle	boundary marker; and
Paths, etc.)	Inspection -
Annual.
Historic Fill	Building	Restricted	Option #1. Barrier	Same
and/or all other	Footprint --	Use	-- Minimum of four	engineering
discharged	New	inches of concrete;	control
contaminants not	Construction	Buffer --	requirement as
otherwise	Minimum four inches	Schools, Child
excluded in	of sub base;	Care Centers
N.J.A.C.	Demarcation --	and Type II
7:26E-5.3	Visible contamination	Residential
boundary marker; and
Inspection --
Annual Option #2
(for crawl spaces).
Barrier --
Minimum of one foot
clean fill; Buffer
-- Minimum of one
foot clean fill;
Demarcation --
Visible contamination
boundary marker; and
Inspection --
Semi-annual.
Historic Fill	Building	Restricted	Option #1. Barrier	Same
and/or all other	Footprint -	Use	- Minimum of four	engineering
discharged	Existing	inches of concrete;	control
contaminants not	Construction	Buffer - Minimum	requirement as
otherwise	four inches of sub	Schools, Child
excluded in	base; Demarcation	Care Centers
N.J.A.C.	- Not required; and	and Type II
7:26E-5.3	Inspection -	IResidential
Annual. Option #2
(for crawl spaces and
basements with a dirt
floor). Barrier
- Minimum of one foot
clean fill; Buffer
- Minimum of one foot
clean fill;
Demarcation -
Visible contamination
boundary marker; and
Inspection -
Semi-annual.
Historic Fill	Vegetative	Restricted	Barrier -	Option #1.
and/or all other	Cover (for	Use	Vegetative cover with	Barrier
discharged	example, Lawn	a minimum of six	- Vegetative
contaminants not	Areas)	inches of clean fill;	cover with a
otherwise	Buffer - Minimum	minimum of one
excluded in	of six inches of	foot clean
N.J.A.C.	clean fill;	fill; Buffer
7:26E-5.3	Demarcation -	- Minimum of
Visible contamination	one foot clean
boundary marker; and	fill;
Inspection -	Demarcation
Semi-annual.	- Geotextile
fabric; and
Inspection
- Quarterly.
Option #2.
Barrier -
Vegetative
cover with a
minimum of two
feet clean
fill; Buffer
- Minimum of
two feet clean
fill;
Demarcation
- Visible
contamination
boundary
marker or
geotextile
fabric; and
Inspection
- Semi-annual.
Historic Fill	Landscaped	Restricted	Option #1. Barrier	Same
and/or all other	Areas	Use	- Minimum of one foot	engineering
discharged	clean fill; *Buffer	control
contaminants not	- Minimum of one foot	requirement as
otherwise	clean fill;*	Schools, Child
excluded in	Demarcation -	Care Centers
N.J.A.C.	Geotextile fabric;	and Type II
7:26E-5.3	and Inspection -	|Residential
Semi-annual. Option
#2. Barrier -
Minimum of two feet
of clean fill; *Buffer
- Minimum of two feet
clean fill;*
Demarcation -
Visible contamination
boundary marker; and
Inspection -
Semi-annual.*
Trees and shrubs can
be planted within
barrier and/or buffer
layer(s), but must
maintain a minimum of
one foot clean fill
on all sides and
below the extent of
planted root ball of
larger plant
materials.
Historic Fill	Maintenance	Restricted	Barrier -	Not
and/or all other	Areas/Dumpsters	Use	Minimum of four	Applicable.
discharged	and Compactor	inches of concrete or
contaminants not	Pad/Other	asphalt; Buffer
otherwise	Areas	- Minimum of four
excluded in	Restricted to	inches of sub base;
N.J.A.C.	Workers	Demarcation -
7:26E-5.3	Visible contamination
boundary marker; and
Inspection -
Annual.
Historic Fill	Underground	Restricted	Piping & Conduits	Same
and/or all other	Utility	Use	Placed in Trenches:	engineering
discharged	Corridors	Barrier - Clean	control
contaminants not	fill from surface	requirement as
otherwise	down to utility	Schools, Child
excluded in	(minimum of one	Care Centers
N.J.A.C.	foot); Buffer -	and Type II
7:26E-5.3	Minimum of one foot	Residential
of clean fill below
and around the sides
of the utility;
Demarcation -
Visible contamination
boundary marker along
the bottom and sides
of the trench; and
Inspection -
Annual. Burial
Cable may be
installed within
barrier and/or buffer
layer(s) but a
minimum of one foot
clean fill must be
maintained on sides
and below
installation.
Historic Fill	Contamination	Restricted	Barrier -	Same
and/or all other	at depths	Use	Minimum of five feet	engineering
discharged	greater than	clean material; Buffer	control
contaminants not	10 feet with	- Minimum of five	requirement as
otherwise	10 feet of	feet clean material;	Schools, Child
excluded in	clean	Demarcation -	Care Centers
N.J.A.C.	material	None Required; and	and Type II
7:26E-5.3	covering the	Inspection -	Residential
contamination	Annual.
Widespread	Any Use	Unrestricted	Remove and/or	Remove
PCBs	Use or	treat all PCB	and/or treat
Restricted	contamination to a	to
Use	minimum of 10 mg/kg.	unrestricted
For any PCB	levels
contamination greater	pursuant to
than 0.2 mg/kg and	N.J.A.C.
less than or equal to	7:26E-5.3(b)2
10 mg/kg apply Option
# 1 or Option # 2:
Option #1. Barrier
- Minimum of six
inches asphalt or
concrete; Buffer
- Minimum of 18
inches clean fill;
Demarcation -
Visible contamination
boundary marker; and
Inspection -
Annual. Option #2.
Barrier -
Minimum of 18 inches
of clean fill; Buffer
- Minimum of 10
inches of compacted
soil pursuant to 40
CFR 761.61(a)7;
Demarcation -
Geotextile fabric;
and Inspection -
Semi-annual

N.J. Admin. Code § 7:26E-5.3

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