N.J. Admin. Code § 7:26E-1.7

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

Section 7:26E-1.7 - Variance from the technical requirements

(a) Except as provided in (b) below, the person responsible for conducting the remediation may vary from the technical requirements in N.J.A.C. 7:26E-1 through 5 provided that person submits the following technical information, and a variance form found on the Department's website at http://www.nj.gov/dep/srp/srra/forms, prior to varying from any technical requirement:

1. The regulatory citation for the technical requirement;

2. A description of how the proposed variance deviates from the cited regulatory requirement; and

3. The rationale for varying from the cited technical requirement that includes supporting information as necessary to document that the requested variance will:

i. Provide results that are verifiable and reproducible;

ii. Achieve the objectives of the cited technical requirement; and

iii. Further the attainment of the purpose of the specific remedial phase.

(b)The person responsible for conducting the remediation shall not vary from any of the following applicable requirements:

1. A regulatory timeframe, site-specific expedited timeframe, or mandatory timeframe;

2. A requirement to obtain or comply with a permit;

3. A requirement to submit a document;

4. A requirement to comply with a remediation standard;

5. A requirement to comply with a quality assurance laboratory requirement;

6. A requirement to obtain the Department's prior written approval;

7. The requirements of N.J.A.C. 7:26E-5.2(b); or

8. The requirement to not import hazardous waste as fill material, pursuant to N.J.A.C. 7:26E-5.2(f).

N.J. Admin. Code § 7:26E-1.7

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