N.J. Admin. Code § 7:28-12.2

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

Section 7:28-12.2 - Applicability

(a) The standards and/or dose criteria in this subchapter are applicable to:

1. Remediation of radioactive contamination of real property by any technologically enhanced naturally occurring radioactive materials, source, by-product, certain special nuclear material, and diffuse NARM; and

2. Any other remediation of radioactive contamination including, without limitation, any remediation pursuant to: the Spill Compensation and Control Act, N.J.S.A. 58:10-23.1 1 et seq.; the Water Pollution Control Act, 58:10A-1 et seq.; the Industrial Site Recovery Act, 13:1K-6 et seq.; the Solid Waste Management Act, 13:1E-1 et seq.; the Comprehensive Regulated Medical Waste Management Act, 13:1E-48.1 et seq.; the Major Hazardous Waste Facilities Siting Act, 13:1E-49 et seq.; the Sanitary Landfill Facility Closure and Contingency Fund Act, 13:1E-100 et seq.; the Regional Low Level Radioactive Waste Disposal Facility Siting Act, 13:1E-177 et seq.; any law or regulation by which the State may compel a person or licensee to perform remediation activities; or N.J.A.C. 7:26C.

(b) The standards in this subchapter are not applicable to:

1. Materials containing naturally occurring radionuclides whose concentrations have not been technologically enhanced; or

2. Coal ash that has been or is being used in:

i. The manufacture of construction materials including, but not limited to, cinder blocks, concrete products and roofing materials;

ii. Road construction materials including, but not limited to, asphalt filler or road base material; or

iii. Landfill cover.

(c) The Department shall apply the radiation remediation standards and dose criteria in this chapter at applicable sites as "Applicable or Relevant and Appropriate Requirements" as defined in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq.

N.J. Admin. Code § 7:28-12.2

Amended by R.2008 d.281, effective 9/15/2008 (operative September 30, 2009).
See: 40 N.J.R. 2309(a), 40 N.J.R. 5196(b), 41 N.J.R. 3415(a).
In the introductory paragraph of (a), inserted "and/or dose criteria"; in (a)1, inserted ", source, by-product, certain special nuclear material, and diffuse NARM; and"; deleted former (a)2; recodified former (a)3 as (a)2; in (a)2, inserted "or licensee"; and in (c), substituted "remediation standards and dose criteria" for "soil standards".