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Technical Requirements for Site Remediation. Backbone of New Jersey’s Site Remediation Program. How Rulemaking is Initiated. NJ Legislature writes a bill Bill is passed by the Legislature and Assembly Bill is signed by the Governor Agency (DEP) does rulemaking.
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Technical Requirements for Site Remediation Backbone of New Jersey’s Site Remediation Program
How Rulemaking is Initiated • NJ Legislature writes a bill • Bill is passed by the Legislature and Assembly • Bill is signed by the Governor • Agency (DEP) does rulemaking
Administrative Procedures Act • Publish in the NJ Register • Rule proposal • Public comment period (30-60 Days) • Response to comments • Adoption (within 1 year of proposal) • 5 Year expiration (“sunset”)
Technical Rules: History Applies to All Contaminated Sites • 1992 First Proposal • 1993 First Adoption • 1997 Readoption w/Amendments • 1999 Brownfield Act Amendments • 2001 Proposed Readoption w/Amendments • 2002 Adoption
Who conducts remediations Person conducting remediation is: • Owner of a site • Operator of a site • Person responsible for the discharge • Volunteer not in any way responsible (prospective purchaser, developer, local government) • Department - Publicly funded remediations
Remediation Milestones • Preliminary Assessment • Site Investigation • Remedial Investigation • Remedial Action Work Plan • Remedial Action Report • Monitoring of Engineering and Institutional Controls
Preliminary Assessment (PA) • Purpose: Identify potentially contaminated areas • Diligent Inquiry • Site history • All materials used/produced, waste generated • Production processes • Listed areas of concern (AOC) • All federal, state, local environmental permits • Site visit
Site Investigation (SI) Purpose: Sample all potentially contaminated areas identified • Sampling biased to highest contamination • Sample and laboratory methods • Building interiors • Soil • Ground water • Surface water and sediments
Site Investigation • Areas specific requirements: Tanks, piping, impoundments, floor drains, etc. • Natural soil background levels - Arsenic, Thallium • Baseline Ecological Evaluation • Contaminants • Eco-receptor • Pathway • Historic contaminated fill material
Site Investigation If ground water contamination is identified investigation is expedited • Determine direction of flow • Conduct well search • Identify domestic wells in 1/2 mile • Identify industrial/supply wells in 1 mile • Contact Department • Sample identified wells • Expedite Remedial Investigation
Remedial Investigation Purpose: For each area of concern (AOC) • Delineate vertical and horizontal extent of contamination • Identify site characteristics • Identify migration pathways • Determine ecological impacts • Containment/stabilization needed
Remedial Action Work Plan Purpose: Demonstrate the proposed remedial action is appropriate • Description of remedy • Remediation standards to be achieved • If remedy will include an engineering or institutional control • Plan for monitoring controls
Remedial Action Work Plan • Area by area remediation plan • Specific area requirements -Tanks, piping, impoundments, floor drains, etc. • Quality assurance plan • Required permits • Soil and sediment erosion control • Health and safety plan • Soil reuse plan
Remedial Action Work Plan • Design engineering controls • Property owner’s written permission for deed notice • Draft deed notice • Provide data for ground water classification exception area (CEA) • Cost estimate • Schedule for progress report and completion
Engineering & Institutional Controls • Property is owned by individuals or corporation (the soil) • Residential soil standards • Non-residential soil standards • Engineering controls are used to reduce or eliminate exposure • Fences, capping w/soil, clay, or other materials
Engineering & Institutional Controls • Institutional controls - Deed notice • Provides notice of site conditions and engineering controls • Can limit access or type of land use • Identifies person responsible for maintaining, monitoring, reporting
Engineering & Institutional Controls • State holds the ground water “in trust” for New Jersey citizens • Department designates ground water use classifications • Ground water classification exception area • Type of Institutional control • Provides public notice • For specific contaminants • For a specified time frames
Remedial Action Work Plan • Post remedial action requirements: • Sampling • Identify extent of soil contamination left above most stringent standards • Confirm data supporting CEA
Remedial Action Report • Restore to pre-remediation conditions • Seal monitoring wells • Record deed notice • No further action required • Begin monitoring • Maintain controls • Report to Department every 2 years • Remove CEA when standards are achieved