Current through Register Vol. 56, No. 24, December 18, 2024
(a)
The purpose of this subchapter is to establish the administrative requirements
of the person responsible for conducting the remediation for:
1. Using a deed notice as an institutional
control;
2. Using a ground water
classification area as an institutional control; and
3. A remedial action permit that establishes
the regulatory mechanism for:
i. Operating
and maintaining certain remedial actions;
ii. Monitoring the effectiveness of certain
remedial actions; and
iii.
Submitting a biennial certification of the continued protectiveness of a
remedial action that includes an engineering or institutional
control.
(b)
More specifically, this subchapter establishes:
1. The requirements for the use of a deed
notice as part of a remedial action, pursuant to
N.J.A.C. 7:26C-7.2;
2. The requirements for the use of a ground
water classification area as part of a remedial action, pursuant to
N.J.A.C. 7:26C-7.3;
3. The permittees of a remedial action
permit, pursuant to
N.J.A.C. 7:26C-7.4;
4. The requirements for applying for a
remedial action permit at
N.J.A.C. 7:26C-7.5;
5. The remedial action permit application
schedule, pursuant to
N.J.A.C. 7:26C-7.6;
6. The general conditions that apply to all
remedial action permits, pursuant to
N.J.A.C. 7:26C-7.7;
7. The specific conditions applicable to all
soil remedial action permits, pursuant to
N.J.A.C. 7:26C-7.8;
8. The specific conditions that apply to all
ground water remedial action permits, pursuant to
N.J.A.C. 7:26C-7.9;
9. The financial assurance requirements when
a remedial action includes an engineering control, pursuant to
N.J.A.C. 7:26C-7.10;
10. The procedures for the transfer of a
remedial action permit, pursuant to
N.J.A.C. 7:26C-7.11;
11. The procedures for the Department to
modify specific requirements in a remedial action permit, pursuant to
N.J.A.C. 7:26C-7.12; and
12. The procedures for the Department to
terminate a remedial action permit, pursuant to
N.J.A.C. 7:26C-7.13.
(c) A remedial action permit pursuant to this
subchapter does not:
1. Authorize any person
to discharge any pollutant or hazardous substance; or
2. Relieve any person from the obligation to
comply with all other applicable Federal, State, and local laws, rules, and
regulations.
(d) Any
person who chooses to redevelop or change the use of real property in a manner
inconsistent with a remedial action that includes an engineering or
institutional control, or to conduct additional remediation or other activities
that would result in the need to file a new deed notice or to replace a
declaration of environmental restrictions associated with the real property,
shall comply with this subchapter.
