NJDEP UPDATES 7:26E TECHNICAL …

1 NJDEP UPDATES 7: 26e technical requirements FOR site REMEDIATIONNew Jersey Department of Environmental Protection (DEP) Commissioner Bradley M. Campbellannounced the issuance of updated TECHNICAL requirements for site remediation . Included are: Regulations to expedite testing of drinking water wells at risk of contamination and to helpprospective purchasers of Brownfields sites obtain and redevelop these properties. The new requirements are included in the re-adoption and amendments of DEP sTechnical Rules, which were last updated in 1999. For the first time, the new rules formally adopt cleanup standards for ground and surfacewaters. These rules also expand the requirements for long-term monitoring of restrictedproperties to prevent exposure to soil and ground water contamination remaining at a site .

2 DEP is adding new requirements for more immediate testing of potentially impacteddrinking water wells when ground water contamination is first detected. To promote Brownfield sites redevelopment, DEP will permit non-liable developers toperform a well survey and potable well sampling within 30 days after purchasing acontaminated property, rather than requiring these activities prior to purchase. This provisionoffers an effective balance by letting Brownfields site redevelopers get to closing whileensuring the timely protection of public health. The newly revised TECHNICAL Rules also incorporate New Jersey's Ground Water QualityStandards and Surface Water Quality Standards as the minimum remediation standardsfor ground and surface water.

3 A related provision included in the amendments now requires that current ground water useand the potential for human and environmental exposure be considered when determiningan appropriate remedial action for ground water contamination. In addition, DEP is requiring more complete long-term monitoring and reporting whencleanup work is finished, but contamination remains. In these cases, restrictions such asinstitutional and engineering controls are implemented to prevent any future exposure to regulations appeared in the New Jersey Register on February 3, summary of the DEP Tech Rules prepared by RT follows. An RT Regulations SummaryKEY HIGHLIGHTSSEE PAGEPRELIMINARY ASSESSMENTS8 WELL SEARCH requirements [NEW]14 & (Table 3 - pg 15)

4 UPGRADIENT CONTAMINATION NOTIFICATION REQUIREMENT16 BACKGROUND ELEVATED SOIL CONCENTRATIONS 23 ECOLOGICAL EVALUATIONS23 HISTORIC FILL24 & 30 ELECTRONIC DELIVERABLES24 WELL DECOMMISSIONING REQUIREMENTS29 REMEDIAL ACTION SCHEDULE AND PROGRESS REPORTS [NEW requirements ]46 ENGINEERING AND INSTITUTIONAL CONTROLS [NEW]49 BIENNIAL REPORT AND CERTIFICATION requirements [NEW]54 SAMPLING requirements BY AOC TYPEBlue PagesLIST OF TABLESSEE requirements FOR PETROLEUM DISCHARGE 9 AND STORAGE AREAS ASSESSMENT SEARCH OF REMEDIAL CLOSURE REMEDIAL ACTION requirements - REMEDIAL ACTION requirements - GROUNDWATER, SOIL AND44 WETLANDS RESTORATION, WELLS AND SOIL REUSE SAMPLING ACTION PROGRESS REPORT ACTION REPORT SUBMITTAL , MAINTENANCE AND BIENNIAL REPORT AND CERTIFICATION56 requirements FOR DEED NOTICES AND , MAINTENANCE AND BIENNIAL REPORT AND CERTIFICATION57 requirements FOR GROUNDWATER.

5 MAINTENANCE AND BIENNIAL REPORT AND CERTIFICATION59 requirements FOR OTHER AREAS WITH ENGINEERING OR INSTITUTIONAL CONTROLSLIST OF remediation FLOW CHARTTABLE 3 TYPES OF REMEDIAL ACTIONACTIVE GROUNDWATER REMEDIAL ACTIONDEED NOTICEENGINEERING CONTROLS (Includes caps, fences, remediation systems and others)GROUNDWATER CLASSIFICATION EXCEPTION AREASINNOVATIVE REMEDIAL ACTION TECHNOLOGYINSTITUTIONAL CONTROLS (Includes CEAs, Deed Notices and DERs)INTERIM RESPONSELIMITED RESTRICTED USE REMEDIAL ACTION (Requires Institutional Controls but notEngineering Controls)NATURAL GROUNDWATER REMEDIATIONREMOVALRESTRICTED USE STANDARD (means that a site was remediated only to a point wherecertain restricted uses can occur)TREATMENT1 DETAILED PROVISIONS INCLUDE:Effective DateAny work conducted after adoption publication date(2/3/03) shall be in full compliance with this chapter,except that work conducted pursuant to workplanswhich were submitted to the Department prior toadoption publication date may be conductedpursuant to 7.

6 26E in effect as of August 2,1999, as long as work is conducted within sixmonths of Department approval of the NotificationThe person responsible for conducting theremediation, excluding remediations of areas ofconcern that consist of underground storage tanksstoring heating oil for on- site consumption in a oneto four family residential building, shall notify thefollowing persons in writing:1. The Department, prior to the initiation ofany sampling activities at a contaminatedsite which is not already known to theDepartment pursuant to either aDepartment regulatory reportingrequirement or Department oversight of theremediation;2. The municipal clerk of each municipalityin which the site is located, if the site is notRCRA or CERCLA subject, 45 calendardays prior to:i.

7 The submission of the remedialaction selection report to theDepartment pursuant to ; orii. The finalization of the engineeringdesign plans for the selected remedialaction of sites being remediated whereDepartment pre-approval of a remedialaction workplan is not required orsought; and3. The Department, and the municipal clerkof each municipality in which the site islocated, 45 calendar days prior to theimplementation of the remedial actionwhen Department pre-approval of theremedial action workplan is not requiredunless written notification has otherwisebeen provided.(b) Whenever immediate environmentalconcern conditions are identified, the personresponsible for conducting the remediationshall immediately notify the Department casemanager or the hotline (609-292-7172) if nocase manager is assigned or the case manager is of the immediate environmentalconcern condition shall be initiated immediatelyunder Department oversight pursuant 7:26C.

8 If an interim response action inresponse to an immediate environmentalconcern is to be conducted, the personresponsible for conducting the action shallimmediately notify the Department and themunicipal clerk of each municipality in which thesite is located of the intent to conduct the interimresponse action. If the remediation is beingconducted in response to an emergencysituation the notifications to the Departmentrequired pursuant to (a) above will be satisfiedthrough compliance with 7 DOCUMENTING COMPLIANCE WITHTHE TECHNICAL requirements (a) All work being conducted at a site pursuantto this chapter, whether or not being done withDepartment oversight, shall be documentedand included in reports which follow the formatand contain the information required pursuantto the reporting sections of 7:26E -2through 8.

9 (b) When the remediation is conducted withDepartment oversight, the person responsiblefor conducting the remediation shall submitworkplans (if applicable) and reports in a timelymanner pursuant to the schedule contained inthe oversight document.(c) In order to provide flexibility in the technicalrequirements for site remediation described inthis chapter, the Department has identifiedcertain limited situations, as specified, whenalternate sampling, analytical, or investigatorymethods may be used without Department pre-approval.(d) Any person responsible for conducting theremediation may petition the Department for avariance from any of the requirements 7:26E -2 through 6 inclusive pursuant tothe procedural criteria in (d)1 and thesubstantive criteria in (d)2.

10 7 CRITERIA FOR GOING BEYOND THEMINIMUM TECHNICALREQUIREMENTS(a) The Department may require additional workbeyond the minimum TECHNICAL requirements set2forth in this chapter for whenever necessary forthe Department to ensure adequate protection ofhuman health and the environment, based on: 1. The number or magnitude of the discharge(s) being investigated;2. The nature of the substancesdischarged;3. A change in the certification or otherauthorization of the laboratory performinganalyses previously submitted for the sitein question or any other site ;4. The identification of additional exposurepathways not otherwise fully investigatedpursuant to the minimum requirements ;5. The identification of additional receptorsnot otherwise fully investigated pursuant tothe minimum requirements ;6.