N.J. Admin. Code § 7:26C-7.8

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:26C-7.8 - Specific conditions applicable to soil remedial action permits

(a) Each permittee of a soil remedial action permit shall comply with all of the following concerning the soil remedial action:

1. The general conditions applicable to all remedial action permits at 7:26C-7.7;

2. The conditions in each notice that meets the requirements of 7:26C-7.2(b) concerning deed notices, recorded for the property pursuant to the Technical Requirements for Site Remediation rules at N.J.A.C. 7:26E;

3. The biennial certification requirements pursuant to (b) through (e) below; and

4. All other conditions that the Department includes in the soil remedial action permit.

(b) The permittee shall determine the protectiveness of the soil remedial action in preparation for submitting a soil biennial remedial action protectiveness certification report form by:

1. Determining whether any actual or pending zoning or land-use change is consistent with the use restrictions in the deed notice or declaration of environmental restrictions or whether it could undermine the protectiveness of the remedial action in a manner that could prevent the remedial action from:

i. Meeting the applicable health risk standard pursuant to N.J.S.A. 58:10B-12g(3)(b); and

ii. Continuing to be protective of public health, safety, and of the environment pursuant to N.J.S.A. 58:10B-12g;

2. Periodically inspecting the site to identify whether:

i. Any excavation or other disturbance activities have taken place within the restricted areas;

ii. Any disturbances of the soil within the restricted area have resulted in unacceptable human exposure to the soil contamination; and

iii. All engineering or institutional controls that are part of the remedial action continue to function as designed to limit human exposure to contamination above the unrestricted use standard;

3. Comparing New Jersey laws, remediation standards, and other regulations applicable at the time the engineering or institutional control was established with any relevant subsequently promulgated or modified laws, regulations, or remediation standards to determine whether:

i. Any subsequently promulgated or modified laws, regulations, or remediation standards apply to the site; and

ii. Each engineering and institutional control is consistent with the requirements of the subsequently promulgated or modified laws, regulations, and remediation standards; and

4. Keeping records, including a detailed log, completed for the time since the implementation of the remedial action, or the last certification and monitoring report was submitted to the Department, whichever is more recent, of how the permittee has maintained and evaluated the engineering control in compliance with this section.

(c) The permittee shall submit the results of the remedial action protectiveness determination performed pursuant to (b) above in a certification to the Department biennially, according to the schedule in the permit, pursuant to the instructions on the form, as well as to the following persons and entities:

1. The municipal and county clerks for each municipality and county in which any property included in the deed notice or declaration of environmental restrictions is located;

2. The local, county and regional health department for each municipality and county in which any property included in the deed notice or declaration of environmental restrictions is located;

3. Each owner of the property which is included in the deed notice or declaration of environmental restrictions;

4. The Pinelands Commission if the deed notice or declaration of environmental restrictions is recorded within the jurisdiction of that Commission; and

5. Each permittee.

(d) As part of the evaluation of the protectiveness of the soil remedial action, the permittee shall either:

1. Certify to the Department that:

i. The deed notice or declaration of environmental restrictions, including all engineering controls, is being properly maintained; and

ii. The soil remedial action continues to be protective of the public health and safety and the environment; or

2. If the permittee cannot provide the certification required in (d)1 above, the permittee shall ensure that the remedial action remains protective of the public health and safety and the environment by, as necessary, modifying the remedial action, proposing a revision to the deed notice, and applying for a modification of the soil remedial action permit.

(e) The permittee shall submit both a paper and electronic copy of the biennial remedial action protectiveness certification for the soil remedial action to the Department according to the schedule on a form available from the Department at www.nj.gov/dep/srp/srra/forms.

N.J. Admin. Code § 7:26C-7.8

Recodified from N.J.A.C. 7:26C-7.5 and amended by R.2012 d.095, effective 5/7/2012.
See: 43 N.J.R. 1935(a), 44 N.J.R. 1339(b).
Rewrote the section. Former N.J.A.C. 7:26C-7.8, Transfer of a remedial action permit, recodified to N.J.A.C. 7:26C-7.11.