N.J. Admin. Code § 7:28-12.13

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

Section 7:28-12.13 - Requirements pertaining to a change in land use

(a) Any subsequent proposed use of a property that is different from the intended use (other than unrestricted use remedial actions) described in the original remediation proposal shall require a prior review and prior approval by the Department. To initiate this review, 90 calendar days prior to a proposed change in land use, the person or licensee proposing such use shall prepare and submit to the Department's Bureau of Environmental Radiation at the address listed in N.J.A.C. 7:28-1.5, and to each affected municipality, a brief written description of the new proposed use as compared to the intended use upon which the original remediation was based including all planned soil excavations, and any additional remedial actions to be implemented.

(b) If the Department determines that the proposed new use may cause the dose limitations of N.J.A.C. 7:28-12.8 to be exceeded, the person or licensee requesting the use change shall be required to prepare and submit to the Department's Bureau of Environmental Radiation at the address listed in N.J.A.C. 7:28-1.5, a dose assessment analysis, containing the information required under N.J.A.C. 7:28-12.11(f)2, (g), and (h), to ascertain whether the dose limitation requirements of N.J.A.C. 7:28-12.8will be met for the proposed new use.

(c) In preparing the dose assessment analysis, the person or licensee may incorporate into the new use plan new remedial measures such as different radionuclide in soil concentrations, or radioactive contamination vertical extents, and/or new engineering or institutional controls, provided that for engineering or institutional controls, the person responsible for conducting the remediation or licensee provides for the cost of implementing and maintaining them as specified in 7:28-12.12(c)3.

N.J. Admin. Code § 7:28-12.13

Amended by 52 N.J.R. 1267(a), effective 6/15/2020