N.J. Admin. Code § 7:13-12.17

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:13-12.17 - Requirements for the investigation, cleanup, or removal of hazardous substances

(a) This section sets forth the requirements for the investigation, cleanup, or removal of hazardous substances as defined in the Department's Discharges of Petroleum and other Hazardous Substances rules, N.J.A.C. 7:1E, Appendix A, and/or pollutants, as defined in the New Jersey Pollutant Discharge Elimination System (NJPDES) Rules, N.J.A.C. 7:14A, where proposed in any regulated area.

(b) The Department shall issue an individual permit for the investigation, cleanup, or removal of hazardous substances only if the Department determines, or a licensed site remediation professional pursuant to the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C, certifies, that:

1. The project complies with the Technical Requirements for Site Remediation, N.J.A.C. 7:26E, and the Administrative Requirements for the Remediation of Contaminated Sites rules, N.J.A.C. 7:26C;

2. In order to minimize the potential that hazardous substances will be transported offsite by floodwaters during the conduct of site remediation activities, all material necessary to facilitate the investigation, cleanup, or removal of hazardous substances is stored and stockpiled as follows:

i. Outside any floodway;

ii. As far as practicable from any regulated water;

iii. Where practicable, within flood-resistant containment areas; and

iv. Where such material does not meet the Residential Direct Contact Soil Remediation Standards at N.J.A.C. 7:26D, above the 10-year flood elevation;

3. In order to minimize the potential that hazardous substances will be transported offsite by floodwaters after the completion of site remediation activities, the following requirements are satisfied:

i. To the maximum extent practicable, all material permanently placed within a flood hazard area meets the Residential Direct Contact Soil Remediation Standards at N.J.A.C. 7:26D;

ii. To the maximum extent practicable, the permanent placement of any material that does not meet the Residential Direct Contact Soil Remediation Standards at N.J.A.C. 7:26D is limited to areas situated outside any floodway and above the 10-year flood elevation; and

iii. Any material that does not meet the Residential Direct Contact Soil Remediation Standards at N.J.A.C. 7:26D is stabilized and/or covered with suitable material such that the material will not be eroded, displaced, or transported offsite during the flood hazard area design flood.

N.J. Admin. Code § 7:13-12.17

Adopted by 48 N.J.R. 1067(a), effective 6/20/2016