New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES
Appendix D - MODEL RESPONSE ACTION OUTCOME DOCUMENT
[Only Insert Name and address of Person(s) Responsible for Conducting the Remediation]
[Date]
Re: Response Action Outcome
Remedial Action Type: [Select One Restricted Use with Permit Requirements OR Limited Restricted Use with Permit Requirements OR Unrestricted Use]
Scope of Remediation: [Select One Area(s) of Concern: (followed by a list of the remediated area(s) of concern) and no other areas OR Entire Site OR ISRA Industrial Establishment as defined according to N.J.A.C. 7:26B - Entire Site OR ISRA Industrial Establishment as defined according to N.J.A.C. 7:26B - Leasehold OR Child Care Facility Note: Entire Site, Child Care Facility or ISRA Industrial Establishment Response Action Outcomes can only be issued if a complete preliminary assessment and site investigation, as applicable was completed for the Entire Site, Child Care Facility or an ISRA Industrial Establishment]
Case Name:
Address:
Municipality:
County:
Block: ___ Lot: ___
Preferred ID: 000000
Child Care License
# KCSL # NJL000000000
Communication Center # 00-00-00-0000-00 [List all that apply], UST Registration # 0000000, UST Closure #C00-0000
ISRA Transaction: [Select as applicable to this ISRA Case: Sale of Property, Cessation, Sale of Business, Bankruptcy - List Type, Foreclosure, Partnership Change, Sale of Assets, Stock Transfer/Corporate Merger, List Other Applicable ISRA Transactions]
ISRA Case # E00000
Well Permit #
Dear:
As a Licensed Site Remediation Professional authorized pursuant to N.J.S.A. 58:10C to conduct business in New Jersey, I hereby issue this Response Action Outcome for the remediation of the [Select one: site OR, industrial establishment as defined according to N.J.A.C. 7:26B OR area(s) of concern] specifically referenced above. I [Select one or both of the following: directly oversaw and supervised all of the referenced remediation, AND OR personally reviewed and accepted all of the referenced remediation] and based upon this work, it is my professional opinion that this remediation has been completed in compliance with the Administrative Requirements for the Remediation of Contaminated Sites (N.J.A.C. 7:26C), that is protective of public health, safety and the environment. Also, full payment has been made for all Department fees and oversight costs pursuant to N.J.A.C. 7:26C-4.
This remediation includes the completion of a [Select all that apply: Preliminary Assessment, Site Investigation, Remedial Investigation and Remedial Action] as defined pursuant to the Technical Requirements for Site Remediation (N.J.A.C. 7:26E),
My decision in this matter is made upon the exercise of reasonable care and diligence and by applying the knowledge and skill ordinarily exercised by licensed site remediation professionals in good standing practicing in the State at the time these professional services are performed.
As required pursuant to N.J.A.C. 7:26C-6.2(b)2ii, a copy of all records related to the remediation that occurred at this location is being simultaneously filed with the New Jersey Department of Environmental Protection (Department). These records contain all information upon which I based my decision to issue this Response Action Outcome.
By operation of law a Covenant Not to Sue pursuant to N.J.S.A. 58:10B-13.2 applies to this remediation. The Covenant Not to Sue is subject to any conditions and limitations contained herein. The Covenant Not to Sue remains effective only as long as the real property referenced above continues to meet the conditions of this Response Action Outcome [Select if Limited Restricted Use or Restricted Use RAO: and applicable permits].
CONDITIONS
Pursuant to N.J.S.A. 58:10B- 12o, and any other person who is liable for the cleanup and removal costs, and remains liable pursuant to the Spill Compensation and Control Act, NJ.S.A. 58:10-23.11 et seq. shall inform the Department in writing, on a form available from the Department, within 14 calendar days after its name or address changes. Any notices you submit pursuant to this paragraph shall reference the above case numbers and shall be sent to:
New Jersey Department of Environmental Protection
Bureau of Case Assignment and Initial Notice
Mail Code 401-05H
401 East State Street, 5th Floor
P.O. Box 420
Trenton, NJ 08625-0420
[Add the Following if a Remedial Action Permit has been Issued Related to this Response Action Outcome: Any such name or address change may also trigger a transfer or modification of the remedial action permit pursuant to N.J.A.C. 7:26C-7.11 and 7.12.]
[Select if Limited Restricted Use or Restricted Use Response Action Outcome: Based on my professional opinion you have obtained all applicable permit(s) and authorization(s) to ensure this remedial action remains protective of public health, safety and the environment into the future provided that you, and any other persons responsible for conducting remediation, remain in full compliance with the terms and conditions of those permit(s) and authorization(s). The designated remedial action permit number(s) is are Add Permit Number(s) effective Insert Date(s)]
NOTICES
[Insert each of the following notices that is applicable to this remediation. Do not insert a notice that is not applicable].
Well Decommissioning
[Select One: Pursuant to N.J.A.C. 7:9D-3, all wells installed as part of this remediation have been properly decommissioned by a New Jersey licensed well driller of the proper class in accordance with the procedures set forth in N.J.A.C. 7:9D and I have verified that the well driller's well decommissioning report has been submitted to the Bureau of Water Allocation and Well Permitting. OR Pursuant to N.J.A.C. 7:9D-3any wells installed as part of this remediation that will no longer be used for remediation have been properly decommissioned by a New Jersey licensed driller of the proper class and I have verified that the well driller's well decommissioning report has been submitted to the Bureau of Water Allocation and Well Permitting. Wells considered to be abandoned, lost, damaged, or destroyed pursuant to N.J.A.C. 7:9D have been reported to the Bureau of Water Allocation and Well Permitting pursuant to N.J.A.C. 7:9D. Pursuant to N.J.S.A. 58:4A, any monitoring wells remaining onsite shall be properly decommissioned prior to the termination of the applicable remedial action permit. A New Jersey licensed well driller shall decommission the well(s) in accordance with the requirements of N.J.A.C. 7:9D-3 and submit the decommissioning report on your behalf to the Bureau of Water Allocation and Well Permitting. More information about regulations regarding the maintenance and decommissioning of wells in New Jersey can be found at www.nj.gov/dep/watersupply. For a list of New Jersey licensed well drillers, click on the "reports" button in the left column and select "access the well permit reports." Questions can be emailed to wellpermitting@dep.nj.gov .]
Building Interiors Not Addressed (Non-Child Care)
Please be advised that the remediation that is covered by this Response Action Outcome does not address the remediation of hazardous substances that may exist in building interiors or equipment, including, but not limited to, radon, asbestos and lead. As a result, any risks to human health presented by any building interior or equipment remains. [Select if applicable: The only exception to this building interior exclusion is the release of specify contaminant from specify the AOC that discharged outside the building.] A complete building interior evaluation should be completed before any change in use or re-occupancy is considered.
Building Interiors Addressed
Site specific: to be developed by licensed site professional in coordination with the Department.
Regional Natural Background Levels of Materials in Soil
Please be advised that concentrations of [Insert specific materials] were detected in the soil at this site above the Department's (Select: Residential OR Non-residential) Direct Contact Remediation Standards. However, these concentrations are associated with natural background levels of these material(s) in the soil. Pursuant to N.J.S.A. 58:10B, remediation beyond natural background levels is not required. [Select for Response Action Outcomes involving Child Care Facilities Only: However, to minimize potential direct contact at this Child Care Center an impermeable barrier should be installed over the surface of the outdoor play area in its entirety in accordance with Department guidance for presumptive remedies found at www.nj.gov/dep/srp/guidance/srra/presumptive_remedy_guidance_DRAFT.pdf [File Link Not Available]. The Department recommends that any such barrier consists of impermeable materials, such as hard surfacing, poured rubber, or rubber matting, etc. Finally, the Department recommends that the Child Care Center maintain documentation that provides proof of installation and proper maintenance of the integrity of the barrier.]
Existing Classification Exception Area or Deed Notice from Prior Remediations
Please be advised that this Response Action Outcome does not address the contamination at this site covered under the [Select if applicable: Classification Exception Area(s) OR Deed Notice(s) OR Classification Exception Area(s) and Deed Notice(s)] for the case(s) covered under Department Program Interest # 00000.
Child Care Building Interiors Not Addressed
Please be advised that this Response Action Outcome does not address the remediation of hazardous substances that may exist in building interiors or equipment, including, but not limited to, radon, asbestos and lead. [Select one: As a result, any risks to human health presented by any building interior or equipment remains. The requirements in the Department of Children and Families licensing regulation requires you to contact the Department of Health, Indoor Environments Program to determine what steps, if any, are necessary to address the risks posed by the prior historical use. The Department of Health, Indoor Environments Program can be reached at (609) 826-4950. Department of Health guidance can be found at www.nj.gov/health/eoh/tsrp [File Link Not Available]. OR However, these issues were evaluated as part of an Indoor Environmental Health Assessment conducted pursuant to N.J.A.C. 8:50. Documentation related to the Indoor Environmental Health Assessment [Select one: has been OR will be] submitted to the Department of Health - Indoor Environments Program under separate cover.]
[Select if applicable: The only exception to this building interior exclusion is the release of specify contaminant from specify the AOC that discharged outside the building.]
Child Care Center Notices
[Select one: The potable well at this location has been sampled within the past 3 years and it has been demonstrated that the potable water utilized at the Child Care Center does not contain contaminants above the Maximum Contaminant Levels established for any of the contaminants required to be tested pursuant to N.J.A.C. 7:10-5in nontransient noncommunity water systems or private wells, including radiological contaminants, nitrates and coliform. OR I certify that the Child Care Center is connected to a public community water system.]
This RAO is based on my determination that [Select One: there is no impact to this Child Care Center from offsite contamination. OR the impact to the Child Care Center from an offsite contamination source has been mitigated.]
[Select one: The outdoor play area is located on-site, and is adjacent to/near (Briefly describe location, size, fence and construction of play area). [Add the following sentence if there is capped play area contamination: The integrity of the play area shall be maintained at all times.] OR The outdoor play area is located off-site. (Briefly describe size and construction of play area, and provide location identification (park name, etc.), address, block and lot, and ownership with description). [Add the following sentence if the play area is on public land: This site is not listed on the Department's Known Contaminated Site List (KCSL) as either an active or pending case.] OR There is no outdoor play area for this child care center.]
Be advised that any relocation and/or expansion of the existing licensed Child Care Center into other portions of the building or play areas, on or off-site, requires a new RAO Letter
Child Care Center Specific - Multi-Tenant Situations
Please be advised that this Response Action Outcome is for the leasehold portion of the above referenced site only, including all play areas where the potential for direct contact with soil exists. It does not include the [Specify any known: Area(s) of Concern] located at the above referenced property which service(s) the multi-tenant facility. The leasehold portion is the area defined by [Define the Area of the leasehold portion] and identified on the enclosed map. Relocation and/or expansion of the existing licensed Child Care Center into other portions of the multi-tenant facility requires a new Response Action Outcome determination.
Soils Only Response Action Outcome when Ground Water Contamination remains from that Area(s) of Concern or Site
This Response Action Outcome only applies to the soils at the referenced location. By issuing this Response Action Outcome, I have relied on both the implementation of the remedial action for soil and on the ground water data to support the determination that soil contamination is no longer affecting ground water. Please be advised that if changes in future ground water data no longer support this conclusion, additional soil remediation may be necessary. Also, any redevelopment on this site should take into consideration the potential for vapor intrusion from the ground water contamination. Please note that you may have an affirmative obligation, pursuant to the Brownfield and Contaminated Site Remediation Act, N.J.S.A. 58:10B-1.3, to remediate the remaining contamination, within specific regulatory and mandatory timeframes and within the statutory timeframe specified at N.J.S.A. 58:10C-27.
Known Onsite Contamination Source Not Yet Remediated
This Response Action Outcome specifically does not address the [Specify any known areas of concern at the site] contaminated with [Add contaminant type, i.e. lead, benzene, etc.]. This aspect of this site was reported to the Department and assigned the Department's Hotline incident number(s) 00-00-00-0000-00. [Select if Applicable: This contamination is being addressed under Department Program Interest # .] Please note that you may have an affirmative obligation, pursuant to the Brownfield and Contaminated Site Remediation Act, N.J.S.A. 58:10B-1.3, to remediate the remaining contamination, within specific regulatory and mandatory timeframes and within the statutory timeframe specified at N.J.S.A. 58:10C-27.
Ground water Contamination due to Regional Historic Fill
Please be advised that ground water contamination (specifically. [identify contaminants] at this site exists above the Ground Water Quality Standards (N.J.A.C. 7:9C) which may limit ground water use at this site. It has been determined that this contamination is solely related to regional historic fill and there is no other onsite source of contamination contributing to this ground water contamination. Based on ground water data collected as part of this remediation and provided to the Department, a Classification Exception Area (CEA) pursuant to N.J.A.C. 7:26E-4.7(b) is required for the footprint of this property. Since this contamination is from regional historic fill only, the Department will maintain the Classification Exception Area and a Remedial Action Permit for this contamination is not required. The duration of this Classification Exception Area is for an "indeterminate" period.
Ground Water Contamination not yet Investigated
This Response Action Outcome does not address the ground water contamination (specifically. (identify contaminants) at this site. This contamination was reported to the Department and assigned the Department's Hotline incident number 00-00-00-0000-00. Pursuant to the Technical Requirements for Site Remediation, N.J.A.C. 7:26E-4.3, a remedial investigation of ground water (including a background investigation pursuant to N.J.A.C. 7:26E-3.9if an offsite source is being claimed) is required. In order to identify any onsite areas of concern that may be contributing to the noted contamination a preliminary assessment and site investigation (as applicable), pursuant to N.J.A.C. 7:26E-3should be conducted. [Select if Applicable: This contamination is being addressed under Department Program Interest # .] Please note that you may have an affirmative obligation, pursuant to the Brownfield and Contaminated Site Remediation Act, N.J.S.A. 58:10B-1.3, to remediate the contamination (not otherwise determined to be from an offsite source) within specific regulatory and mandatory timeframes and within the statutory timeframe specified at N.J.S.A. 58:10C-27. Be advised that ground water contamination exists above the Ground Water Quality Standards (N.J.A.C. 7:9C-1.7) which may limit ground water use at this site. Also, any redevelopment on this site should take into consideration the potential for vapor intrusion from the ground water contamination.
Contamination Remains On-Site due to Off-site Contamination
Please be advised that contamination in the ground water at this site exists above the Ground Water Quality Standards (N.J.A.C. 7:9C-1.7) which may limit ground water use at this site. Based on completion of a preliminary assessment and site investigation (as applicable), pursuant to N.J.A.C. 7:26E-3, and completion of a background investigation pursuant to N.J.A.C. 7:26E-3.9, there is no onsite contribution to this contamination and I have confirmed the source of this contamination is from offsite. This aspect of the site was reported to the Department and assigned the Department's
Hotline incident number 00-00-00-0000-00. [Select if applicable: This ground water contamination is being addressed under Department Program Interest # _____ .] Any redevelopment on this site should take into consideration the potential for vapor intrusion from the ground water contamination.
Order of Magnitude Change to a Remediation Standard after approval of a Remedial Action Workplan
Please be advised that this Response Action Outcome is based on the implementation and completion of the Remedial Action Workplan and any addenda in accordance with the terms of the [Select: [date] Department approval] OR [date] Remedial Action Workplan approved by ---Name LSRP---, Licensed Site Remediation Professional. Subsequent to the approval of the Remedial Action Workplan, the Department changed remediation standards as such, [list contaminants] exist on site above the current [Select as applicable: soil, ground water or surface water] remediation standards. However, as the standards for these contaminants did not change by an order of magnitude, additional remediation is not required at this time pursuant to N.J.S.A. 58:10B-12.j.
Order of Magnitude Change to a Remediation Standard after Approval of a Final Remediation Document
Please be advised that this Response Action Outcome is being issued for a site that is subject to a No Further Action Letter issued by the [Select: [date] Department] OR [date] Response Action Outcome prepared by--Name LSRP--, Licensed Site Remediation Professional. Subsequent to the issuance of that final remediation document, the Department changed remediation standards. [list contaminants] exist on site above the current [Select as applicable: soil, ground water or surface water] remediation standards. However, these contaminant concentrations are within an order of magnitude of the current remediation standards and as a result additional remediation is not required at this time pursuant to N.J.S.A. 58:10B-13.e.
ISRA Specific - RCRA Situations - Bureau of Case Assignment and Initial Notice Referral
Please be advised that this Response Action Outcome does not cover the [Specify the Known Area(s) of Concern] area regulated under the Federal Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 6901 et seq., and currently being addressed under a RCRA Closure Plan. The environmental impact of this area was not evaluated. This aspect of this site was reported to the Department and assigned the Department's Hotline incident number(s) 00-00-00-0000-00. [Select if Applicable: This contamination is being addressed under Department Program Interest # .] Please note that you may have an affirmative obligation, pursuant to the Brownfield and Contaminated Site Remediation Act, N.J.S.A. 58:10B-1.3, to remediate the contamination, within specific regulatory and mandatory timeframes and within the statutory timeframe specified at N.J.S.A. 58:10C-27.
ISRA Specific - Multi-Tenant Situations - Bureau of Case Assignment and Initial Notice Referral
Please be advised that this Response Action Outcome is for the leasehold portion of the above referenced property only. The leasehold portion is the area defined by [Define the Area of the leasehold portion] and identified on the enclosed map. [Select One: It does not include any other areas of concern on the property. OR It does not include the [specify any known Area(s) of Concern] located at the above referenced property which service(s) the multi-tenant facility including non-subject tenants.] OR It does not include the [specify any known Contaminated Area(s) of Concern ] located at the above referenced property which service(s) the multi-tenant facility including non-subject tenants. This aspect of this site was reported to the Department and assigned the Department's Hotline incident number(s) 00-00-00-0000-00. Please note that there is an affirmative obligation, pursuant to the Brownfield and Contaminated Site Remediation Act, N.J.S.A. 58:10B-1.3, on any "person responsible for conducting remediation" to remediate the remaining contamination, within specific regulatory and mandatory timeframes and within the statutory timeframe specified at N.J.S.A. 58:10C-27. [Select if applicable: This contamination is being addressed under Department Program Interest # ____.]
ISRA Specific - Landfill situations - Bureau of Case Assignment and Initial Notice Referral
Please be advised that this Response Action Outcome does not cover or address the [Specify Landfill Name] sanitary landfill and the environmental impacts of the landfill were not evaluated under this ISRA case. This aspect of this site was reported to the Department and assigned the Department's Hotline incident number(s) 00-00-00-0000-00. [Select if Applicable: This contamination is being addressed under Department Program Interest # .] Please note that you may have an affirmative obligation, pursuant to the Brownfield and Contaminated Site Remediation Act, N.J.S.A. 58:10B-1.3, to remediate any contamination associated with the landfill within specific regulatory and mandatory timeframes and within the statutory timeframe specified at N.J.S.A. 58:10C-27. Please consult www.nj.gov/dep/srp/srra/ for additional guidance.
In-Service Railroad Line, Spurs and Sidings Not Remediated
Please be advised that this Response Action Outcome does not include the remediation of contamination that may be present within, or directly adjacent to, the in-service railroad line, spur and/or siding at this site. Contamination that may be present may include, but is not limited to, polynuclear aromatic hydrocarbons, polychlorinated biphenyls (PCBs) and metals. Remediation of this area is not required while the railroad line, spur and/or siding remain in-service. Please note that you may have an affirmative obligation, pursuant to the Brownfield and Contaminated Site Remediation Act, N.J.S.A. 58:10B-1.3, to remediate any contamination associated with the railroad line, spur and/or siding within specific regulatory and mandatory timeframes and within the statutory timeframe specified at N.J.S.A. 58:10C-27 at such time that these areas are no longer in-service. Please consult www.nj.gov/dep/srp/srra/ for additional guidance.
Known On-site Contamination Source Not Remediated--Historic Fill (Area of Concern Response Action Outcome)
Please be advised that this Response Action Outcome does not include the remediation of contamination in the form of historic fill. In the event that an Entire Site Response Action Outcome is to be issued, the historic fill must be remediated in accordance with N.J.A.C. 7:26E.
Soil Contamination From an Off-Site Source Not Remediated--General
Please be advised that contamination in the soil at this site exists above the Department's applicable soil Remediation Standards, N.J.A.C. 7:26D-4. Based on completion of a preliminary assessment and site investigation (PA/SI) of the entire site, as applicable, pursuant to N.J.A.C. 7:26E-3, I have confirmed that the source of this contamination is from an off-site source and that there is no on-site contribution to this contamination. This aspect of the site was reported to the Department and assigned the Department's Hotline incident number(s) 00-00-00-0000-00. Any redevelopment on this site should take into consideration the potential for direct contact soil exposure.
Soil Contamination From an Off-Site Source Not Remediated--Diffuse Anthropogenic Pollution
The reference in the following Notice to Child Care Facilities should only be included in a child care Response Action Outcome. It should not be included in a non-child care Response Action Outcome.
Please be advised that contamination in the soil at this site exists above the Department's applicable soil Remediation Standards, N.J.A.C. 7:26D-4. Based on an evaluation of data and the Department's "Diffuse Anthropogenic Pollution (DAP) Guidance," it has been determined that surficial contamination that was identified during the evaluation of the site is consistent with DAP. This impact to soils at the site was not required to be reported to the Department's Hotline and therefore no incident number was generated. Development or redevelopment on this site should take into consideration the potential for direct contact soil exposure to contaminants in soil caused by DAP. [Select for Response Action Outcomes involving Child Care Facilities Only: However, to minimize potential direct contact at this Child Care Center an impermeable barrier should be installed over the surface of the outdoor play area in its entirety in accordance with Department guidance for presumptive remedies found at www.nj.gov/dep/srp/guidance/srra/presumptive_remedy_guidance.pdf. The Department recommends that any such barrier consist of impermeable materials, such as hard surfacing, poured rubber, or rubber matting, etc. Finally, the Department recommends that the Child Care Center maintain documentation that provides proof of installation and proper maintenance of the integrity of the barrier.]
Naturally Occurring Levels of Constituents in Ground Water
Note that use of this Notice primarily applies to metals, and excludes anthropogenic background contamination including, but not limited to, synthetic organic chemicals such as petroleum byproducts/hydrocarbons, chlorinated compounds, and any compound that cannot be considered naturally occurring, including on-site source.
Please be advised that concentrations of [insert specific materials] were detected in the ground water at this site above the Department's Ground Water Remediation Standards (N.J.A.C. 7:26D-2). However, these concentrations are associated with naturally occurring levels of these constituent(s) in the ground water. Pursuant to N.J.S.A. 58:10B, remediation beyond naturally occurring levels is not required. Development or redevelopment on this site should take into consideration the potential for exposure to constituents that exceed the Ground Water Quality Standards (N.J.A.C. 7:9C).
Historically Applied Pesticides Not Addressed
This Notice should not be used in situations where the manufacturing, mixing, or other handling of these chemicals resulted in a discharge to the environment. This Notice also would not be appropriate for properties going through a change of use to residences, schools, child care centers, and/or playgrounds.
Please be advised that the remediation that is covered by this Response Action Outcome does not address the remediation of contaminants that may exist from the historical application of pesticides. As a result, any risks presented by the historical application of pesticides may remain. An evaluation of historical pesticides should be completed if there is a land use change to residences, schools, child care centers and playgrounds. This exclusion does not apply if the pesticide contamination is from a discharge due to manufacturing, mixing, or other handling of these chemicals and not from application.
Ground Water Contamination due to Regional Historic Fill (Ground Water Confirmation Sampling has not been Conducted)
Please be advised that ground water contamination at this site may exist above the Ground Water Quality Standards (N.J.A.C. 7:9C), which may limit ground water use at this site. Ground water sampling has not been conducted at this site, but based on the observed presence of historic fill (through methods including, but not limited to, sampling, physical characterization, and/or mapping), it is concluded that contamination related to regional historic fill may be present in the ground water underlying the site. It has been determined that this presumed contamination is solely related to regional historic fill and there is no other on-site source of contamination contributing to this presumed ground water contamination. Based on these presumptions and conclusions, a Classification Exception Area (CEA) pursuant to N.J.A.C. 7:26E-4.7(b) is required for the footprint of this property. Since the source of this presumed contamination is from regional historic fill only, the Department will maintain the Classification Exception Area, and a Remedial Action Permit for this contamination is not required. The duration of this Classification Exception Area is for an "indeterminate" period.
Sediment Contamination from an Off-Site Source Not Remediated -- General
Please be advised that contamination in the sediment at this site exists above ecological screening criterion, Lowest Effects Levels (LELs) and Severe Effects Levels (SELs). Based on completion of a preliminary assessment and site investigation (PA/SI) of the entire site, as applicable, pursuant to N.J.A.C. 7:26E-3, I have confirmed that the source of this contamination is from an off-site source and that there is no on-site contribution to this contamination. This aspect of the site was reported to the Department and assigned the Department's Hotline incident number(s) 00-00-00-0000-00. [Select only if there is verified known off-site source: This sediment contamination is being addressed under Department Program Interest # ______ .] Any redevelopment on this site should take into consideration the potential for ecological exposure to contaminated sediment.
[End APPLICABLE Notices]
In concluding that this remediation has been completed, I am offering no opinions concerning whether either primary restoration (restoring natural resources to their pre-discharge condition) or compensatory restoration (compensating the citizens of New Jersey for the lost interim value of the natural resources) has been completed.
Pursuant to N.J.S.A. 58:10C-25, the Department may audit this Response Action Outcome and associated documentation up to three years following issuance. Based on a finding by the Department that a Response Action Outcome is not protective of public health, safety and the environment, the Department can invalidate the Response Action Outcome. Other justifications for the Department's invalidation of this Response Action Outcome are listed in the Administrative Requirements for the Remediation of Contaminated Sites at N.J.A.C. 7:26C-6, including, but not limited to, a Department audit following issuance of this document may be initiated at any time if: a) undiscovered contamination is found that was not addressed by the Response Action Outcome, b) if the Site Remediation Professional Licensing Board conducts an investigation of the Licensed Site Remediation Professional issuing the Response Action Outcome or, c) if the license of that person is suspended or revoked.
Thank you for your attention to these matters. If you have any questions, please contact me at (xxx)xxx-xxxx.
Sincerely,
Name,
Licensed Site Remediation
Professional #
Enclosure(s): Child Care Center map (including all play areas) (as applicable for Child Care Centers)
c: Local, County Environmental Health Act Agency and Regional Health Department(s)
Mayor/Clerk/Town Council, City of [City]
Municipal Clerk
Local Construction Code Official (Child Care Center applicable for Madden Bill Subject Sites in need of local construction permits)
Case Manager (If assigned)
ISRA Authorized Agent (as applicable)
Highlands Commission (as applicable)
Pinelands Commission (as applicable)
NJDEP Bureau of Case Assignment and Initial Notice
NJDEP Bureau of Enforcement and Investigations - (ACO, Remediation Agreement or Child Care Center Applicable)
NJDEP-Bureau of Safe Drinking Water (Child Care Center Applicable when water source is a private well or a non-community water system)
NJ Department of Children and Families (NJDCF) - Office of Licensing (Child Care Center applicable)
NJ Department of Health and Senior Services (NJDHSS) (Child Care Center applicable)
Others
