N.J. Admin. Code § 7:26E-5.6

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

Section 7:26E-5.6 - Permit identification and requirements for discharge to ground water proposals

(a) The person responsible for conducting remediation shall request or apply for and obtain all required permits, authorizations, or approvals prior to initiating the activity requiring the permit, permit modification, authorization, or approval.

(b) For each discharge to ground water that is subject to the New Jersey Pollutant Discharge Elimination System permit-by-rule at N.J.A.C. 7:14A-7.5(b), the person responsible for conducting the remediation shall submit a discharge to ground water proposal with a completed form found on the Department's website at www.nj.gov/dep/srp/srra/forms. The person responsible for conducting remediation shall include in each such submission the information listed at N.J.A.C. 7:26E-1.6(a)1 and 2 and, if the person responsible for conducting the remediation does not own the property where any discharge will occur, include the name and address of each owner of that property, and information documenting that each owner of such property has provided legal access to the property for the purpose of allowing such discharges to proceed. The person responsible for conducting the remediation shall also include the following in the submission:

1. Either of the following:

i. A summary of the remedial investigation in the area of the proposed discharge, completed as of the date of the discharge to ground water proposal, including the ground water flow direction and the nature, type, concentrations, and extent of contamination, and the information listed at N.J.A.C. 7:26E-1.6(b)1, 2, 3, 6, 7, 8, and 10, as well as all data collected and maps or reports prepared as of the date of the discharge to ground water proposal to fulfill the requirements of N.J.A.C. 7:26E-4.3(a)1 through 6, as it relates to the area of the proposed discharge and any areas of concern that will or may be impacted by the discharge; or

ii. A copy of a remedial investigation report that includes the information listed in (b)1i above and a complete set of the most recent sampling data available;

2. The concentrations of all contaminants expected to be present in recovered ground water, prior to any treatment, if applicable;

3. The type, specific location within the contaminated site, volume and duration of the proposed discharge to ground water, and a description of any potential effects that the proposed discharge could have on ground water or any other receptor;

4. A detailed description of how the discharge to ground water would comply with the Ground Water Quality Standards, N.J.A.C. 7:9C, and the Surface Water Quality Standards, N.J.A.C. 7:9B, as applicable including, but not limited to:

i. Whether the discharge is consistent with the antidegradation policy of N.J.A.C. 7:9C-1.8 and whether any constituent standard modifications at N.J.A.C. 7:9C-1.9(a) are appropriate;

ii. Whether the temporary, localized, direct, or indirect impacts of the discharge on ground water would require a classification exception area under N.J.A.C. 7:9C-1.6(c) and 1.9(b);

iii. Proposed effluent limitations or treatment goals if the discharge is recovered ground water; and

iv. If the discharge could impact surface water, how, pursuant to N.J.A.C. 7:9C-1.2(b) and 1.7(g), the discharge will not cause a contravention of the surface water quality standards applicable to those surface waters;

5. The chemical content of all fluids and substances to be discharged or placed into, or onto the ground to implement a remedial action and identification of the applicable ground water quality criteria at N.J.A.C. 7:9C-1.7, including specific or interim specific criteria if they exist for any constituent in the substances to be discharged, or if they exist for any possible break-down products of the substances to be discharged;

6. The well drilling permit number for each injection well, if applicable, specifications for the design of each injection well as defined at N.J.A.C. 7:14A-1.2, and specifications for the design of each infiltration/percolation lagoon, overland flow area, spray irrigation system or other type of discharge to ground water, as applicable;

7. If the information required pursuant to (b)4 and 5 above indicates that it will be necessary for the Department to establish a classification exception area for an area of noncompliance due to the localized effects of the discharge as provided in the Ground Water Quality Standards at N.J.A.C. 7:9C-1.6(c) and 1.9(b), then the following information:

i. An explanation of why any impacts to ground water quality are necessary or appropriate in order to allow the remediation of existing contamination to proceed, why the discharge would be protective of other receptors, and how the monitoring plan, pursuant to (b)8 below, will document this protectiveness and the temporary or localized nature of any impact;

ii. A map outlining the area(s) where the proposed discharge may or will impact ground water quality, including all ground water sampling points that will define this area;

iii. A list of the constituents in the discharge and in ground water that could or will exceed constituent standards, as defined at N.J.A.C. 7:9C-1.4; and

iv. A description of whether the proposed classification exception area for the proposed discharge is within or is outside of any existing ground water classification exception area for the contaminants of concern at the site, if applicable; and

8. A monitoring plan consistent with N.J.A.C. 7:26E-2.2, including, but not limited to:

i. The sampling locations for ground water and other media, as necessary, to address risks to any potentially affected receptors;

ii. The frequency of sampling;

iii. If applicable, monitoring of the fluid to be discharged;

iv. A list of all the analytes to be monitored; and

v. A schedule and format for the submission of sampling results.

(c) When the discharge to ground water will exceed 180 days, the person responsible for conducting the remediation shall:

1. Prepare a public notice using the format in Appendix B;

2. Prior to publishing a public notice, the person responsible for conducting the remediation shall provide a copy of the discharge to ground water proposal prepared pursuant to (b) above and the public notice prepared pursuant to (c)1 above to:

i. The Department;

ii. The clerk for each municipality in which the contaminated site is located;

iii. The designated local health official for each municipality in which the contaminated site is located; and

iv. The Pinelands Commission, if the contaminated site is located within its jurisdiction as defined pursuant to N.J.S.A. 13:18A, at the address specified at 7:26E-1.5(i)4;

3. Publish the public notice of the discharge to ground water in a daily or weekly newspaper of general circulation in the vicinity of the contaminated site, at least 35 days prior to the proposed startup date of the ground water discharge; and

4. Submit to the Department, within 15 days after the notice is published, proof of publication for the public notice and the names and addresses of everyone that was sent a copy of the public notice and discharge to ground water proposal pursuant to (c)2 above.

(d) The Department shall hold a public hearing on the discharge to ground water proposal if the Department determines that there is a significant degree of public interest in favor of holding a public hearing. The Department may hold a public hearing if it determines that a hearing is likely to clarify legal or factual issues regarding the discharge to ground water proposal and that oral testimony is essential to adequately express all issues and concerns. If the Department decides to hold a public hearing on the proposed discharge to ground water, the Department shall:

1. Publish a notice of a public hearing in a daily or weekly newspaper of general circulation in the vicinity of the contaminated site at least 30 days prior to the hearing; and

2. Extend the public comment period to the close of the public hearing;

(e) The Department will consider comments received during the public comment period and the public hearing, respond to the comments when it issues the written decision to approve or reject the discharge to ground water proposal, and provide a copy of the decision to each commenter and to each person or entity to whom the notice was sent pursuant to (c) above.

N.J. Admin. Code § 7:26E-5.6

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