Response Action Outcome Guidance Document

1 New Jersey Department of Environmental Protection Site Remediation and Waste Management Program Guidance for the Issuance of Response Action Outcomes April 2016 Version Guidance f or the Issuance of Response Action Outcomes Page 2 of 44 Version 04/12/2016 Table of Contents I. Introduction .. 4 II. Issuing Response Action Outcomes .. 5 A. To Whom an RAO is issued .. 5 B. When to Issue an RAO .. 5 III. Payment of Department Fees .. 6 IV. Response Action Outcome Reference Re: Section Overview .. 6 V. Response Action Outcome Variations.

2 7 A. Remedial Action Type (Extent of Remediation) .. 7 1. Unrestricted Use RAO .. 7 2. Limited Restricted Use 8 3. Restricted Use RAO .. 8 B. Scope of Remediation for RAOs: .. 9 1. Area(s) of Concern [AOC(s)] .. 9 2. Entire Site .. 10 3. ISRA Industrial Establishment as defined according to 7:26B .. 10 4. Child Care Facility .. 12 VI. Issuing RAOs Involving Ground Water Remedies and Coordination with Remedial Action Permits .. 12 A. Ground water is remediated to the Ground Water Remediation Standards ( 7:26D): Unrestricted Use RAO.

3 12 B. Ground water contamination remains above the Ground Water Remediation Standards: Limited Restricted Use RAO .. 12 C. Ground water remains above the standards and cannot be remediated due to technical impracticability: Restricted Use RAO.. 12 VII. Compliance with All Remedial Action 13 VIII. List of Notices in the RAO .. 13 A. General Notices .. 14 B. Contamination Remaining On-Site Notices .. 15 C. ISRA Specific Notices .. 24 D. Child Care Facility Notices - To Be Used For Child Care RAOs Only .. 25 IX. Approval Process for Modification of the RAO Model or RAO Notices.

4 27 Guidance f or the Issuance of Response Action Outcomes Page 3 of 44 Version 04/12/2016 Attachment 1 RAO Shell Document .. 28 Attachment 2 Response Action Outcome Issuance Examples .. 36 Attachment 3 Response Action Outcome Quick Reference Checklist .. 38 Attachment 4 Amended Response Action Outcome Language To Be Used When Amending Administrative 42 Attachment 5 Withdrawing a Response Action Outcome .. 44 Guidance f or the Issuance of Response Action Outcomes Page 4 of 44 Version 04/12/2016 Guidance for the Issuance of Response Action Outcomes I.

5 Introduction The New Jersey Department of Environmental Protection (Department) has issued this Guidance Document to assist Licensed Site Remediation Professionals (LSRPs) in the following: When an LSRP may issue a Response Action Outcome (RAO) The different types of RAOs The structure of an RAO To whom the RAO may be issued When to include specific Notices and reporting requirements in an RAO How to Modify an RAO How to Amend an RAO How to Withdraw an RAO Wit h the enactment of the Site Remediation Reform Act (SRRA; 58:10C-1 et seq.)

6 , and related amendments to the Brownfield and Contaminated Site Remediat ion Act (Brownfield Act; 58:10B-1 et seq.), the determination that a remediation of a contaminated site or area of concern (AOC) is protective of public healt h and safety and the environment, will rest with an LSRP. An LSRP will make that determination based on the remediation conducted, supervised and\or reviewed, and ultimately accepted by the LSRP using their independent professio nal judgment. In accordance with SRRA, an LSRP is authorized to memo rialize the completion of remediat ion by issuing an RAO to the person(s) responsible for conducting the remediation.

7 The RAO represents the LSRP s opinion that: 1. There are no discharged hazardous substances or hazardous wastes present at a site or area of concern; or 2. There are discharged hazardous substances or hazardous wastes, present at the site, area of concern and/or migrating from the site that have been remediated in accordance with all applicable statutes, regulat ions, and Guidance ; or 3. There are discharged hazardous substances migrating onto the site for which the person responsible for conducting the remediat ion is not responsible to remediate; and 4.

8 The remedial Action undertaken is protective of public healt h, safet y and the environment. Pursuant to the Administrative Requirements for the Remediation of Contaminated Sites (ARRCS, 7:26C), an LSRP is expressly prohibited from modifying the content of an RAO except as provided for in this Guidance , or if written pre-approval was obtained from the Department. An LSRP cannot apply variance provisio ns in any Department rule to an RAO. References to Child Care Facilities in the Model RAO Document should not be included in non-child care RAOs.

9 For additional information regarding Child Care RAOs, refer to the Environmental Guidance for All Child Care Facilities and Educational Facilities at Guidance f or the Issuance of Response Action Outcomes Page 5 of 44 Version 04/12/2016 II. Issuing Response Action Outcomes A. To Whom an RAO is issued An LSRP shall issue an RAO to the person(s) responsible for conducting the remediat ion. The LSRP shall not issue the RAO until (a) remediation is completed and (b) if necessary, all remedial Action permits have been issued by the Department.

10 Additional requirements are described elsewhere in this Document , and in ARRCS, 7 Pursuant to the Brownfield Act at 58 (2)(b), an LSRP is not required to be retained when conducting a due diligence investigation for the purpose of all appropriate inquiry into previous ownership and uses of the property, as defined in the Spill Co mpensation and Control Act (Spill Act) at 58 If, as a result of the due diligence investigation, it is desired to obtain a final remediat ion Document ( , an RAO), the person responsible for conducting remediation is required to retain an LSRP and perform the remediation pursuant to ARRCS, 7 If the person responsible for conducting the remediation is not the property owner, include the property owner in the cc list of the RAO letter.