1 / 37

Institutional and Engineering Controls for Soils

Institutional and Engineering Controls for Soils New Jersey Department of Environmental Protection Bureau of Operations Maintenance & Monitoring Deed Notice Inspection Program Rob Hoch Deed Notice Inspection Manager Deed Notice Inspection Program

Renfred
Download Presentation

Institutional and Engineering Controls for Soils

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Institutional and Engineering Controls for Soils New Jersey Department of Environmental Protection Bureau of Operations Maintenance & Monitoring Deed Notice Inspection Program Rob Hoch Deed Notice Inspection Manager

  2. Deed Notice Inspection Program • Central repository for all DER’s and Deed Notices after closeout (site NFA) • over 500 DER/DN’s on file • Conducts the 5 year inspection of eng. controls [N.J.S.A. 58:10B-13(g)] • over 200 inspections conducted to date • Conducts investigations/complaints • Receives and Evaluates Biennial Certifications

  3. Inspections • Are unannounced • Walk the property/restricted area boundaries • GPS polygon of restricted area • Review the DER/DN that is required to be kept on site • Provide guidance and answer questions

  4. Deed Notice? • An administrative mechanism used to limit human activities when contaminants remain above the remediation standard. • Provides notification in narrative and map form of contamination relative engineering controls and additional restrictions. • Institutional control.

  5. Types of Institutional Controls • Declaration of Environmental Restriction (DER) all those before Brownfield and Contaminated Site Remediation Act (1/6/98) • Deed Notice (DN) All those after Brownfields Act • Other • Classification Exception Area (CEA) • Well Restriction Area (WRA)

  6. Deed Notice • Required whenever a restricted use or limited restricted use remedy is proposed • Is a non-permanent remedial action that requires continued responsibility by the property owner • Monitoring and maintenance of the eng. control • Biennial certification • Continued evaluation of the effectiveness of the Eng. control relative to site use and surroundings • ACO’s have financial obligations

  7. Definitions • Restricted Use-- any remedial action that requires the continued use of eng/inst controls (>RDCSCC) • Limited Restricted Use-- any remedial action that requires the continued use of inst. controls but not eng. controls (>RDCSCC but <NRDCSCC)

  8. Engineering Controls • Any mechanism used to contain or stabilize contamination that ensures the effectiveness of a remedial action. • Acts as a physical barrier between contamination and human contact and the environment.

  9. Types of Eng. Controls • Caps • Soil/Vegetated • Asphalt • Concrete • Building Footprint • Fence/Signs/Bollards • Case specific proposals

  10. Approval of Eng./Inst. Controls • Completed Model Deed Notice (Appendix E of N.J.A.C. 7:26E) • Narrative detailing the future use of the site and compatibility with the selected engineering control • Site drawings and specifications • should clearly & accurately depict current site conditions at time of filing • do not have to be signed and sealed by a NJ Professional Engineer

  11. Approval of Eng./Inst. Controls • Technical Requirements for Site Remediation (N.J.A.C. 7:26E) • Submitted as a complete draft within the Remedial Action Workplan (i.e.,. exhibits, maps, tables) • Shall include written approval from the property owner if the person conducting the remediation is not the owner.

  12. Engineering Control Proposal • Site drawings and specifications shall include, if applicable, the following • Eng. Control specifications • Surface water and erosion controls • Generated gas control systems • Leachate controls • Groundwater monitoring and controls • Type of vehicular traffic • Tidal/flood considerations

  13. Deed Notice Shall be provided in electronic format compatible with the Departments Geographic Information System (NJAC 7:1 Appendix A) and http://www.state.nj.us/dep/srp/regs/techgis/ Questions: John DeFina - GIS Mapping Coordinator (609) 633-0537

  14. Continued Liability • If a restricted property is sold (Res. Or Non-Res. Use), the original discharger remains liable for the contamination under the Spill Compensation and Control Act NJSA 58:10-23.11 et.seq.

  15. Biennial Certification • Tech. Regs - NJAC 7:26E • 7:26E-8.5 & 8.7 - Submit a certification/ monitoring report to the NJDEP every two years • Biennial Certification Form • $250.00 review fee (Oversight Rules 7:26C-9.2(a)4) • NJEMS identifiers (ie Program Interest name/number) • Log of inspections • Property owner and Contact Person • Hard Copy plus an Electronic Copy 7:26E-8.5(c)

  16. Deed Notice Exhibits • Exhibit A • Vicinity maps (roads, geographic features) • County map (Hagstrom) • Metes and bounds • Scaled map of property (1 inch to 200 ft or less) • large vs. small • major topographical features (water tower, rail road etc) • North arrow and legend

  17. Deed Notice Exhibits • Exhibit B • Restricted area maps for EACH distinct area • As builts of each eng. control • Sample locations remaining above the standard • Restricted area data tables • Tabulated data for EACH restricted area • location, depth, concentration, CAS, soil criteria • historic fill-- NJAC 7:26E-4.6 table 4-2

  18. Deed Notice Exhibits • Exhibit C • General description of inst./eng. Controls • objective,size, monitoring, maintenance • Inspection schedule and log • Disturbance procedures • For EACH engineering control • AOC’s may be combined

  19. Removal or Modification Inst./Eng. Controls • Tech. Regs [NJAC 7:26E-8.2(h),(i), and (j)] • Submit a written request to the Dept. along with a Memorandum of Agreement (MOA), Termination of Deed Notice form and a draft Deed Notice • Termination of Deed Notice Form • Provided for NJDEP approval before being filed with the county clerk • Conduct site inspection & issue approval/denial

  20. Deed Notice Inspection Program Contact Information Div. Remediation Management & Response Bureau of Operations, Maint. & Monitoring Deed Notice Inspection Program P.O Box 413 401 E. State St., Trenton NJ 08625-0413 • Rob Hoch: Phone: (609) 292-1943 Fax: (609) 633-2360

  21. DNIP Citations • Tech. Regs-- NJAC 7:26E • 7:26E-8.4, 8.5, & 8.6 -- Maintain Eng. Controls • 7:26E-8.5(d)-- Notification of a change in point of contact to maintain Eng./Inst. controls • Brownfields--NJSA 58:10B • 58:10B-13.1a-- Revocation of Covenant Not to Sue if Engineering and/or Institutional Controls not maintained/exist

  22. Model Deed Notice; Biennial Certification; Termination of Deed Notice Guidance/Forms • Available in the SRP Home Page at www.state.nj.us/dep/srp Regulations and/or Guidance on drop down menu

More Related