Current through Register Vol. 56, No. 24, December 18, 2024
(a)
Based on the schedule established under
N.J.A.C.
7:14A-9.10(d) for
initiation and completion of remedial activities, the owner/operator shall:
1. Establish and implement a corrective
action ground water monitoring program that:
i. At a minimum, meets the requirements of an
assessment monitoring program under
N.J.A.C.
7:14A-9.8;
ii. Indicates the effectiveness of the
corrective action remedy; and
iii.
Demonstrates compliance with ground water protection standards pursuant to (e)
below;
2. Implement the
corrective action remedy selected under N.J.A.C. 7:14A-9.10; and
3. Take any interim measures necessary to
ensure the protection of human health and the environment. Interim measures
shall, to the greatest extent practicable, be consistent with the objectives of
and contribute to the permanence of any remedy that may be required pursuant to
N.J.A.C. 7:14A-9.10. The following factors shall be considered by an owner or
operator in determining whether interim measures are necessary:
i. The time required to develop and implement
a final remedy;
ii. The actual or
potential exposure of nearby populations or environmental receptors to
hazardous constituents;
iii. The
actual or potential contamination of drinking water supplies or sensitive
ecosystems;
iv. The further
degradation of the ground water that may occur if remedial action is not
initiated expeditiously;
v. Weather
conditions that may cause hazardous constituents to migrate or be
released;
vi. The risks of fire or
explosion, or potential for exposure to hazardous constituents as a result of
an accident or failure of a container or handling system; and
vii. Other situations that may pose threats
to human health and the environment.
(b) An owner or operator may determine, based
on information developed after implementation of the remedy has begun or other
information, that compliance with
N.J.A.C.
7:14A-9.10(b) is not being
achieved through the remedy selected. In such a case, the owner or operator
shall implement other methods or techniques that could practicably achieve
compliance with the requirements, unless the owner or operator makes the
determination under (c) below.
(c)
If the owner or operator determines that compliance with
N.J.A.C.
7:14A-9.10(b) cannot be
practically achieved with any currently available methods, the owner or
operator shall:
1. Obtain certification of a
qualified ground water scientist or approval by the Department that compliance
with N.J.A.C. 7:14A-9.10(b)
cannot be practically achieved with any
currently available methods;
2.
Implement alternate measures to control exposure of humans or the environment
to residual contamination, as necessary to protect human health and the
environment;
3. Implement alternate
measures for control of the sources of contamination, or for removal or
decontamination of equipment, units, devices, or structures that are:
i. Technically practicable; and
ii. Consistent with the overall objective of
the remedy; and
4.
Notify the Department within 14 days that a report justifying the alternative
measures prior to implementing such alternative measures has been placed in the
records maintained by the facility.
(d) All solid wastes that are managed
pursuant to a remedy required under N.J.A.C. 7:14A-9.10, or an interim measure
required under (a)3 above, shall be managed in a manner that:
1. Is protective of human health and the
environment; and
2. Complies with
applicable RCRA requirements.
(e) Remedies selected pursuant to
N.J.A.C.
7:14A-9.10 shall be considered complete when:
1. The owner or operator complies with the
ground water protection standards established under
N.J.A.C.
7:14A-9.8(h) at all points
within the plume of contamination that lie beyond the ground water monitoring
well system established pursuant to
N.J.A.C.
7:14A-9.3(a);
2. Compliance with the ground water
protection standards established under
N.J.A.C.
7:14A-9.8(h) has been
achieved by demonstrating that concentrations of 40 C.F.R. 258 Appendix II
constituents have not exceeded the ground water protection standard(s) for a
period of three consecutive years using the statistical procedures and
performance standards in
N.J.A.C.
7:14A-9.5(g) and (h). The
Department will specify an alternative length of time during which the owner or
operator shall demonstrate that concentrations of 40 C.F.R. 258 Appendix II
constituents have not exceeded the ground water protection standard(s) taking
into consideration:
i. Extent and
concentration of the release(s);
ii. Behavior characteristics of the hazardous
constituents in the ground water
iii. Accuracy of monitoring or modeling
techniques, including any seasonal, meteorological, or other environmental
variabilities that may affect the accuracy; and
iv. Characteristics of the ground water;
and
3. All actions
required to complete the remedy have been satisfied.
(f) Upon completion of the remedy, the owner
or operator shall notify the Department within 14 days that a certification
that the remedy has been completed in compliance with the requirements of
N.J.A.C.
7:14A-9.11(e) has been
placed in the records maintained by the facility. The certification shall be
signed by the owner or operator and by a qualified ground water scientist or
approved by the Department.
(g)
When, upon completion of the certification, the owner or operator determines
that the corrective action remedy has been completed in accordance with the
requirements of (e) above, the owner or operator shall be released from the
requirements for financial assurance for corrective action under
40 CFR
258.73.
