N.J. Admin. Code § 7:26C-7.9

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

Section 7:26C-7.9 - Specific conditions applicable to ground water remedial action permits

(a) The permittee shall comply with all of the following concerning the ground water remedial action:

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

2. The ground water monitoring reporting requirements in any remedial action workplan or remedial action report approved for the site by either the Department or a licensed site remediation professional;

3. The ground water monitoring plan and schedule as required in 7:26C-7.5(c)4 or 7.5(d)5;

4. The well restrictions associated with each ground water classification exception area for the site;

5. The remedial action protectiveness evaluation in (b) through (d) below; and

6. All other conditions that the Department includes in the ground water remedial action permit.

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

1. Determining the effectiveness of the remediation by evaluating the data gathered by the monitoring program required pursuant to 7:26C-7.5(c)4 and (d)5;

2. Comparing New Jersey laws, Ground Water Quality Standards, and other regulations applicable at the time the Department established the ground water classification exception area, 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 ground water classification exception area is consistent with the requirements of the subsequently promulgated or modified laws, regulations and remediation standards;

3. Determining whether there are any planned changes within a 25-year water use planning horizon for the aquifer(s) in which the ground water classification exception area is located since the Department established the ground water classification exception area or the last completed protectiveness evaluation;

4. Identifying whether there have been any actual changes in the ground water use in the water use planning area since the Department established the ground water classification exception area or the last completed protectiveness evaluation;

5. Inspecting all ground water monitoring wells associated with the ground water classification exception area and maintaining a log for each monitoring well;

6. Identifying any land use disturbance, such as the installation of a detention basin, that may intercept the water table within the area of the ground water classification exception area that could result in a contaminated discharge to surface water. If any such disturbance is identified, sample the ground water and surface water downgradient and proximate to the land use disturbance to determine whether the ground water meets the more stringent of either:

i. The New Jersey Surface Water Quality Standards, N.J.A.C. 7:9B; or

ii. The Federal Surface Water Quality Criteria, 40 CFR Part 131; and

7. Determining whether:

i. The current fate and transport analysis remains accurate with regard to the risk of vapor intrusion; and

ii. There are any changes in property use that increase the risk of vapor intrusion from volatile ground water contaminants.

(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, on the form, found on the Department's website, www.nj.gov/dep/srp/srra/forms, as described in (a)5 above, as well as to the following:

1. The municipal and county clerks for each municipality and county in which any property included in the ground water classification exception area is located;

2. The local, county and regional health department for each municipality and county in which any property included in the ground water classification exception area is located;

3. The county planning board for each county in which the ground water classification exception area will be located;

4. The Pinelands Commission if the ground water classification exception area will be located within the jurisdiction of that Commission;

5. Each owner of any real property that will be within the footprint of the ground water classification exception area; and

6. Each permittee listed on the permit.

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

1. Certify to the Department that:

i. The ground water classification exception area is being properly maintained; and

ii. The ground water remedial action continues to be protective of 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:

i. Modifying the remedial action, re-modeling the fate and transport of the ground water contaminant plume, proposing a revision to the ground water classification exception area, and applying for a modification of the ground water remedial action permit; and

ii. If there are any changes in property use that increase the risk of vapor intrusion from volatile ground water contaminants such that the remedial action is no longer protective of public health and safety, then conduct public outreach, consistent with the notification requirements at 7:26C-1.7, and any additional remediation, and apply for a modification of the ground water remedial action permit necessary to address the vapor intrusion risk.

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

(f) Within 180 calendar days after the anticipated expiration date of the ground water classification exception area posted by the Department on its website pursuant to 7:26C-7.3(e), the permittee shall collect at least two rounds of ground water samples such that the time between sampling events accounts for seasonal fluctuations in the ground water table and the number of ground water samples collected is representative of the entire horizontal and vertical extent of the ground water classification exception area, and:

1. If ground water samples indicate that contaminant concentrations have decreased to or below the applicable ground water quality standards throughout the ground water classification exception area, then any person may request that the Department remove the ground water classification exception area pursuant to 7:26C-7.3(g) and terminate the ground water remedial action permit pursuant to 7:26C-7.13; or

2. If ground water samples indicate that contaminant concentrations have not decreased to or below the applicable ground water quality standards throughout the ground water classification exception area, then:

i. Modify the remedial action by re-modeling the fate and transport of the ground water contaminant plume, proposing a revision to the ground water classification exception area, and applying for a modification of the ground water remedial action permit; and

ii. If there are any changes in property use that increase the risk of vapor intrusion from volatile ground water contaminants such that the remedial action is no longer protective of public health and safety, then perform public outreach, consistent with the notification requirements at 7:26C-1.7, and any additional remediation, and apply for a modification of the ground water remedial action permit necessary to address the vapor intrusion risk.

N.J. Admin. Code § 7:26C-7.9

Recodified from N.J.A.C. 7:26C-7.6 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-7.9, Modification of specific requirements in a remedial action permit, recodified to N.J.A.C. 7:26C-7.12.
Administrative corrections and changes.
See: 45 N.J.R. 1652(a).