Current through Register Vol. 56, No. 24, December 18, 2024
(a)
The person responsible for conducting the remediation who is proposing a ground
water classification exception area shall complete and submit to the Department
for the Department's approval a CEA/Well Restriction Area (WRA) Fact Sheet form
available from the Department at
www.nj.gov/dep/srp/srra/forms,
to which the following shall be attached:
1.
The information required pursuant to (b) below;
2. The map and cross sections required
pursuant to (c) below;
3. The
remedial investigation report submitted pursuant to N.J.A.C. 7:26E-4;
and
4. A list of the names and
addresses of those persons who were notified pursuant to (d) below.
(b) The person responsible for
conducting the remediation shall include the following information with the
CEA/Well Restriction Area (WRA) Fact Sheet form as required pursuant to (a)1
above:
1. Data tables that include for each
contaminant:
ii. Maximum concentration in micrograms per
liter ([micro]g/L);
iii. New Jersey
Ground Water Quality Standard pursuant to N.J.A.C. 7:9C;
iv. New Jersey Surface Water Quality Standard
pursuant to N.J.A.C. 7:9B, when contaminants in the ground water classification
exception area may discharge to a surface water body; and
v. Vapor Intrusion Ground Water Screening
Levels as developed by the Department;
2. A description of the fate and transport of
the ground water contaminant plume, including a summary and description of all
data, information, interpretations, and software used to describe the plume's
fate and transport. The fate and transport information shall document:
i. That degradation products were addressed
appropriately;
ii. How horizontal
and vertical extent predictions were performed;
iii. How the ground water classification
exception area duration was estimated;
iv. That the vapor intrusion pathway was
included in the fate and transport description, if applicable; and
v. That a site-specific evaluation was
conducted regarding how changes in property use or conditions above the ground
water classification exception area could affect the fate and transport of the
ground water contamination or of vapors emanating from the plume;
3. An estimate of the horizontal
and vertical extent that the contaminated ground water plume is expected to
travel before contaminant concentrations decrease to the applicable ground
water quality standards; and
4. The
estimated length of time that the ground water classification exception area
will need to remain in place.
(c) The person responsible for conducting the
remediation shall include the following map(s) and cross section(s) as required
pursuant to (a)2 above:
1. A map of the
ground water classification exception area, in both PDF and GIS-compatible
formats. The GIS-compatible format shall be produced in conformance with
guidance found at
www.nj.gov/dep/srp/guidance/techgis/.
The maps shall include the following information:
i. The known and predicted extent of the most
mobile and the most persistent ground water contaminants;
ii. The prevailing ground water flow
direction;
iii. The proposed ground
water classification exception area boundary;
iv. The locations and identifications of
wells and/or sampling points, including, but not limited to, those that
represent:
(1) The farthest down gradient
extent of the ground water contamination;
(2) The greatest width of the ground water
contamination; and
(3) The greatest
concentrations of ground water contamination;
v. The location(s) of all area(s) of concern
that caused the ground water contamination; and
vi. The location(s) and identifications of
the downgradient well(s) closest to the area(s) of concern identified in (a)1v
above; and
2. A cross
section figure along the prevailing ground water flow direction that defines
the approximate ground water contaminant plume centerline. The cross section
shall include identification of:
i. The
location and identification of all wells and borings used to construct the
cross section;
ii. The generalized
location of the water table;
iii.
The generalized hydrostratigraphy;
iv. The known and predicted extent of the
contaminant plume;
v. The proposed
upper and lower vertical boundaries of the ground water classification
exception area; and
vi. The
proposed horizontal boundary of the ground water classification exception area
along the axis of the cross section.
(d) The person responsible for conducting the
remediation shall notify by mailing a copy of the CEA/Well Restriction Area
(WRA) Fact Sheet form, via certified mail, return receipt requested, the
following persons of the intent to establish the ground water classification
exception area:
1. The municipal and county
clerks for each municipality and county in which the ground water
classification exception area will be located;
2. The local, county and regional health
department for each municipality and county in which the ground water
classification exception area will be located;
3. The designated County Environmental Health
Act agency for each county in which the ground water classification exception
area will be located;
4. The county
planning board for each county in which the ground water classification
exception area will be located;
5.
The Pinelands Commission if the ground water classification exception area is
located within the jurisdiction of that Commission; and
6. Each owner of any real property that will
be within the foot print of the ground water classification exception
area.
(e) The Department
shall establish a ground water classification exception area based upon the
actual and projected area and depth of the contaminant plume in the ground
water based on the information submitted pursuant to (b) and (c) above by
posting the map of the ground water classification exception area and well
restriction area on its website at
www.nj.gov/dep/gis/geowebsplash.htm
and the CEA/Well Restriction Area (WRA) Fact Sheet at
datamine2.state.nj.us/DEP_OPRA/OpraMain/categories?category=Site+Case+sub-category.
The Fact Sheet shall include the effective date establishing the CEA and its
anticipated expiration date.
(f)
The Department may revise or reestablish a ground water classification
exception area at any time to more accurately reflect ground water conditions
using any relevant data. The Department shall post an updated CEA/Well
Restriction Area (WRA) Fact Sheet if it has revised the ground water
classification exception area.
(g)
The Department shall remove a ground water classification exception area based
upon ground water data, collected pursuant to 7:26C-7.9(f), that indicate that
the concentrations of contaminants in the ground water are at or below all of
the applicable ground water quality standards.
(h) The ground water classification exception
area established for historic fill or historically applied pesticides pursuant
to the Technical Requirements for Site Remediation at
N.J.A.C.
7:26E-4.7(b) and 4.9(a),
respectively, shall remain effective indefinitely. However, a ground water
remedial action permit is not required for the ground water classification
exception area resulting from historic fill or historically applied
pesticides.
