N.J. Admin. Code § 7:28-12.12

Current through Register Vol. 56, No. 17, September 3, 2024

Section 7:28-12.12 - Requirements pertaining to engineering or institutional controls

(a) All remediation proposals shall designate the intended use(s) of the property. Such intended use(s) shall be restricted as necessary to prevent future exposure, and shall otherwise be consistent with current and projected State and local zoning designations or land uses. For sites not remediated to the unrestricted use standards in 7:28-12.9 or 12.10, the Department shall define the nature and duration of all appropriate engineering or institutional controls necessary to meet the standards in N.J.A.C. 7:28-12.9, 12.10, or 12.11(a), based upon the particular conditions of the site.

(b) In order for any remediation under this subchapter requiring engineering controls or institutional controls to meet the standards in N.J.A.C. 7:28-12.9, 12.10, or 12.11(a), the person responsible for conducting the remediation, or licensee, shall, in addition to meeting the provisions of 58:10B-13:

1. Implement all necessary actions, as determined by the Department, to assure that such engineering or institutional controls are being implemented and maintained for an appropriate period of time; and

2. Provide sufficient financial assurance for the costs of implementing and maintaining the requisite active engineered or institutional controls for an appropriate period of time. Except as set forth in (b)2i below, acceptable financial assurance mechanisms are incorporated by reference at 10 CFR 20.1403(c) as follows:

i. At 10 CFR 20.1403(c)(1), delete ", and in which the adequacy of the trust funds is to be assessed based on an assumed annual 1 percent real rate of return on investment;" and add ". The adequacy of the trust fund shall be based upon a rate of return to be determined by the Department, based upon site-specific conditions, such that the Department can ensure that sufficient assets are available in the trust funds to maintain engineering controls for an appropriate period of time. Site-specific conditions are the engineering controls and environmental conditions at the property, and the half-lives of radionuclides of concern.

i. For radionuclides that are short-lived (have half-lives of less than 30 years), a one percent annual real rate of return shall be assumed to be acceptable. A higher real annual rate of return shall apply if the licensee demonstrates to the Department that site-specific conditions exist to justify the higher real annual rate of return.

ii. For longer-lived radionuclides, a declining annual real rate of return that begins above one percent and declines below one percent shall be assumed."

(c) A person responsible for conducting the remediation, or the licensee, shall conduct public outreach if the Department determines that outreach is needed, or when the Department determines that there is substantial public interest in activities concerning restricted release license termination.

1. The Department may determine that there is substantial public interest when it receives:

i. A petition containing the signatures of 25 or more people that live or work within 200 feet of the site, if contamination has not migrated from the site boundary;

ii. A petition containing the signatures of 25 or more people that live or work within 200 feet of the extent of contamination, if contamination has migrated from the site boundary; or

iii. A written request by a municipal official, such as a mayor or chairperson of an environmental commission, or a designated local health official.

2. When the Department determines that there is substantial public interest, the Department shall notify the person responsible for conducting the remediation or the licensee and post a summary of findings on the Department's web site at www.state.nj.us/dep; and

3. The person responsible for conducting the remediation or the licensee shall develop and implement enhanced public notice based on the expressed needs of the community and may include the following:

i. Publicizing and hosting an information session or public meeting;

ii. Publishing a notice containing basic information about the site in the local paper of record; or

iii. Establishing a local information repository.

4. The notifications required pursuant to this section are not intended to satisfy the public participation requirements applicable to sites subject to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq. and the National Contingency Plan, 40 CFR Part 300.

N.J. Admin. Code § 7:28-12.12

Amended by 46 N.J.R. 768(a), effective 5/5/2014.