New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES
Subchapter 14 - DIRECT OVERSIGHT
Section 7:26C-14.2 - Compulsory direct oversight
Universal Citation: NJ Admin Code 7:26C-14.2
Current through Register Vol. 56, No. 6, March 18, 2024
(a) The person responsible for conducting the remediation shall comply with the statutory requirements for direct oversight, pursuant to 58:10C-27, whenever:
1. The person responsible for conducting the remediation has been the object of two enforcement actions, concerning the remediation, during any five-year period after May 7, 2009;
2. The person responsible for conducting the remediation has failed to meet:
i. A mandatory remediation timeframe established by the Department pursuant to 7:26C-3.3, including any extension thereof granted by the Department;
ii. An expedited site-specific timeframe established by the Department pursuant to 7:26C-3.4, including any extension thereof granted by the Department; or
iii. A schedule established pursuant to an administrative order or court order; or
3. A discharge was discovered prior to May 7, 1999 and the person responsible for conducting the remediation has failed to complete the remedial investigation of the entire contaminated site by May 7, 2014.
(b) The person responsible for conducting the remediation that is in direct oversight as described in (a) above shall:
1. Proceed with the remediation as the Department directs, and hire a licensed site remediation professional within 14 days after the applicable event in (a) above, if one has not yet been retained;
2. Submit to the Department within 90 days after the applicable event in (a) above:
i. A remediation cost review pursuant to N.J.A.C. 7:26C-5.10(a). The remediation cost review shall be submitted annually thereafter;
ii. Proof that the person has established and maintains a remediation trust fund pursuant to N.J.A.C. 7:26C-5.4in an amount at least equal to the estimated cost of the remediation;
iii. For Department approval pursuant to N.J.S.A. 58:10C-27.c(7), a proposed public participation plan that contains the strategy for and schedule of soliciting public comment from the members of the surrounding community concerning the remediation of the site;
iv. A receptor evaluation pursuant to N.J.A.C. 7:26E-1.12; and
v. A direct oversight remediation summary report that includes:
(1) A summary of all data and information concerning remediation conducted at the site as of the date that site became subject to direct oversight; and
(2) A schedule that lists each task that remains to be addressed at the site in order for the licensed site remediation professional to issue a response action outcome for the site, and the date by which each task will be completed;
3. Conduct and submit a feasibility study to the Department for approval;
4. Implement each remedial action the Department selects for the site;
5. Pay an annual remediation funding source surcharge pursuant to 7:26C-5.9;
6. Obtain the Department's prior approval before making any disbursements from the remediation trust fund;
7. Ensure that all submissions prepared by the licensed site remediation professional concerning the remediation required by the Department are provided simultaneously to the Department and the person responsible for conducting the remediation; and
8.Implement the Department-approved public participation plan to solicit public comment concerning the remediation from the members of the surrounding community.
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