Current through Register Vol. 56, No. 6, March 18, 2024
(a) A remedial action is not protective of the public health, safety and the environment when any of the following occur:
1. A discharge that occurred prior to the issuance of a final remediation document is discovered after the issuance of the final remediation document and the remediation of that discharge should have been addressed in the remediation to which the final remediation document pertains;
2. The Department amends a remediation standard after the issuance of a final remediation document and the difference between the new remediation standard and the level or concentration of a contaminant at the property differs by an order of magnitude and the person responsible for conducting the remediation fails to complete further remediation;
3. A contaminant exposure pathway from a discharge that predates the final remediation document is identified after the issuance of the final remediation document and was not addressed in the remediation to which the final remediation document pertains;
4. Any person who is obligated to comply with the conditions of the final remediation document fails to do so;
5. The permittees fail to comply with a remedial action permit;
6. The remediation was not conducted in accordance with the remediation standards;
7. The conclusions in the final remediation document are not supported by environmental data as required by this chapter;
8. The scope of the final remediation document is not consistent with the scope of the actual remediation;
9. Mistakes or errors in the final remediation document may result in detrimental reliance on the final remediation document by a third party;
10. The remediation was not conducted pursuant to 7:26C-6.2(c), (f) or (g), as applicable;
11. A presumptive remedy or alternative presumptive remedy was not implemented when required; or
12. Other factors exist that demonstrate that the remediation is not protective of the public health, safety and the environment.
(b) The licensed site remediation professional shall rescind his or her response action outcome when he or she determines that:
1. The remedial action is not protective of the public health, safety, and the environment pursuant to (a) above; or
2. The person responsible for conducting the remediation implemented a remedial action that will render the property unusable for future redevelopment or recreational use.
(c) The Department shall:
1. Invalidate a response action outcome when it determines that the licensed site remediation professional has failed to comply with (b) above; or
2. Invalidate a response action outcome or rescind a no further action letter when it determines that:
i. The remedial action is not protective of the public health, safety, and the environment pursuant to (a) above; or
ii. The person responsible for conducting the remediation implemented a remedial action that will render the property unusable for future redevelopment or recreational use.
(d) Upon the Department's rescission of a no further action letter or the invalidation of a response action outcome, the person responsible for conducting the remediation shall perform all additional remediation, according to expedited site specific remediation timeframes, as the Department may require.
(e) A licensed site remediation professional shall withdraw and reissue a response action outcome, pursuant to 7:26C-6.2, upon a finding by the Department or by that licensed site remediation professional that the response action outcome was not prepared in accordance with this subchapter. When the finding that the response action outcome was not prepared in accordance with this chapter because it contains administrative errors, the licensed site remediation professional shall, within 30 days:
1. Amend a response action outcome, by correcting all administrative errors, including but not limited to, the improper use of notices, changes made to the Model Response Action Outcome that are inconsistent with that model or this subchapter, and missing or incomplete site specific identifiers; and
2. Reissue the amended response action outcome pursuant to 7:26C-6.2(b).
