N.J. Admin. Code § 7:26C-7.5

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:26C-7.5 - Application for a remedial action permit

(a) The person responsible for conducting the remediation shall apply for a remedial action permit pursuant to this section, according to the schedules in N.J.A.C. 7:26C-7.6, when the remedial action includes any of the following:

1. A deed notice or a declaration of environmental restrictions;

2. A ground water classification exception area;

3. Any other institutional or engineering control; or

4. Any obligations for monitoring, maintenance and evaluation of a remedial action.

(b) The person responsible for conducting the remediation shall apply for a remedial action permit for a soil remedial action that includes an engineering or institutional control by submitting the following to the Department:

1. A permit application form available from the Department at www.nj.gov/dep/srp/srra/forms. Information concerning the soil remedial action permit that is to be supplied by filling out the form includes:

i. The site name and location;

ii. The permit type and fees;

iii. The person responsible for conducting the remediation;

iv. The owner of the site;

v. The deed notice;

vi. The engineering control(s), if applicable, and financial assurance;

vii. The use of the engineering controlled area(s) and the contaminants that require the use of the deed notice/engineering control; and

viii. The signature and certification of the person(s) responsible for conducting the remediation, the Licensed Site Remediation Professional or the certified subsurface evaluator (if the site is an unregulated heating oil tank);

2. A copy of the notice that complies with the requirements of N.J.A.C. 7:26C-7.2(b) concerning deed notices or a declaration of environmental restrictions that has been recorded with the county clerk and stamped "Filed;"

3. As-built drawings for each engineering control for contaminated soil;

4. A copy of each of the following:

i. The soil remedial action report that either the Department or a licensed site remediation professional has approved for the area(s) addressed in the deed notice and/or by the engineering control(s); and

ii. Every no further action letter the Department issued for the site or area of concern prior to May 7, 2012;

5. An engineering control monitoring and maintenance plan, if applicable, and schedule to support the biennial certification required pursuant to N.J.A.C. 7:26C-7.6(b);

6. An estimate of the future costs to operate, maintain, and inspect all engineering controls, and a copy of the financial assurance, if applicable, pursuant to N.J.A.C. 7:26C-7.10; and

7. A permit application fee for a soil remedial action permit, pursuant to N.J.A.C. 7:26C-4.6.

(c) The person responsible for conducting the remediation shall apply for a ground water remedial action permit for a monitored natural attenuation remedial action by submitting the following to the Department:

1. A permit application form available from the Department at www.nj.gov/dep/srp/srra/forms. Information concerning the ground water remedial action permit to be supplied by filling out the form includes:

i. The site name and location;

ii. The permit type and fees;

iii. The person responsible for conducting the remediation;

iv. The owner of the site;

v. The classification exception area at the site;

vi. Monitoring, maintenance and evaluation information concerning the type of remediation;

vii. The engineering control and financial assurance;

viii. The use of the property;

ix. The use of the property abutting the site;

x. A summary of the receptor evaluation concerning the site;

xi. A list of other remediation permits, if applicable; and

xii. The signature and certification of the person(s) responsible for conducting the remediation, the Licensed Site Remediation Professional or the certified subsurface evaluator (if the site is an unregulated heating oil tank);

2. A CEA/Well Restriction Area (WRA) Fact Sheet form for each ground water classification exception area included in the permit application;

3. A copy of each of the following:

i. The remedial action report that either the Department or a licensed site remediation professional has approved, which demonstrates monitored natural attenuation is an effective remedial action; and

ii. Every no further action letter the Department issued for the site or area of concern prior to May 7, 2012; and

4. A ground water monitoring plan and schedule to monitor the characteristics and movement of contaminated ground water, to calibrate the model used to estimate the eventual extent of contaminated ground water, and to assess the effectiveness of the monitored natural attenuation remedy, including a downgradient sentinel well, and any other additional monitoring wells necessary to document natural attenuation processes;

5. An evaluation plan and schedule to evaluate the effectiveness of the natural attenuation ground water remedial action and to determine whether natural attenuation is protective or further remediation is required for ground water;

6. An estimate of the future costs to monitor the characteristics and movement of contaminated ground water, to calibrate the model used to estimate the eventual extent of contaminated ground water, and to assess the effectiveness of the natural attenuation, and a copy of the financial assurance, if applicable, pursuant to N.J.A.C. 7:26C-7.10; and

7. A permit application fee for a ground water remedial action permit, pursuant to N.J.A.C. 7:26C-4.6.

(d) The person responsible for conducting the remediation shall apply for a ground water remedial action permit for an active ground water remedial action by submitting the following to the Department:

1. A permit application form available from the Department at www.nj.gov/dep/srp/srra/forms, as described in (c)1 above;

2. A CEA/Well Restriction Area (WRA) Fact Sheet form for each ground water classification exception area included in the permit application;

3. As-built drawings, and operations manual, if applicable, for any engineering control for contaminated ground water;

4. A copy of each of the following:

i. The remedial action report that either the Department or a licensed site remediation professional has approved, which demonstrates that the active ground water treatment system is operating and functioning as designed; and

ii. Every no further action letter the Department issued for the site or area of concern prior to May 7, 2012;

5. A ground water monitoring plan and schedule designed to evaluate the active ground water remedial action in order to:

i. Optimize the system's performance as the remediation progresses; and

ii. Determine whether:

(1) The plume of contaminated ground water is migrating horizontally or vertically into an aquifer zone below or adjacent to the plume of contaminated ground water; or

(2) The plume of contaminated ground water is contained and therefore not reaching a sentinel well, and the ground water remedial action is performing as designed;

6. An evaluation plan and schedule to evaluate the effectiveness of the active ground water remedial action and to determine whether the active ground water remedial system is protective or further remediation is required for ground water;

7. An estimate of the future costs to operate, maintain, and inspect all engineering controls, and a copy of the financial assurance, if applicable, pursuant to N.J.A.C. 7:26C-7.10; and

8. A permit application fee for a ground water remedial action permit, pursuant to N.J.A.C. 7:26C-4.6.

(e) The permittee shall, within 30 days after municipal subdivision approval for the site that triggers a remedial action permit termination application pursuant to N.J.A.C. 7:26C-7.13(c), simultaneously apply for:

1. A remedial action permit termination of the existing remedial action permit (including paying the applicable remedial action permit termination fee); and

2. A new remedial action permit (including paying the applicable remedial action permit application fee) for each site created by the subdivision upon which an engineering or institutional control exists.

N.J. Admin. Code § 7:26C-7.5

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