N.J. Admin. Code § 7:26F-1.10

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

Section 7:26F-1.10 - Variance from the requirements of this chapter

(a) Except as provided in (b) below, the owner may vary from the requirements in N.J.A.C. 7:26F-2 through 7. For each variance, the owner shall submit the following information to the Department with the remedial action report pursuant to N.J.A.C. 7:26F-7:

1. The specific citation to the rule requirement from which the owner varied;

2. A detailed description of how the work the owner performed varied from the rule requirement; and

3. The owner's rationale for varying from the requirement, including all supporting information necessary to document that the work conducted:

i. Provided results that are verifiable and reproducible; and

ii. Achieved the objective of the rule requirement from which the owner varied; and

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

(b) The owner shall not vary from any of the following rule requirements:

1. The general remediation requirements at N.J.A.C. 7:26F-2.1;

2. The sample analysis requirements at N.J.A.C. 7:26F-2.2;

3. The requirement to comply with an applicable remediation standard at N.J.A.C. 7:26F-3 and 4;

4. The requirement to remediate free product at N.J.A.C. 7:26F-3.2(a);

5. The requirement to obtain a permit pursuant to N.J.A.C. 7:26F-3.3, 3.7, and 4.3;

6. The requirement to submit reports to the Department; and

7. Fees established pursuant to N.J.A.C. 7:26F-1.8(a)above.

(c) Whether the owner may vary from any requirement not contained in this chapter shall depend on whether the other rule allows such a variance. For example, the Technical Requirements for Site Remediation, N.J.A.C. 7:26E, govern when a person may vary from the requirements in that chapter.

N.J. Admin. Code § 7:26F-1.10

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