Current through Register Vol. 56, No. 24, December 18, 2024
(a)
Each permittee of a soil remedial action permit shall comply with all of the
following concerning the soil remedial action:
1. The general conditions applicable to all
remedial action permits at
N.J.A.C. 7:26C-7.7;
2. The conditions in each notice that meets
the requirements of
N.J.A.C. 7:26C-7.2(b)
concerning deed notices, recorded for the property pursuant to the Technical
Requirements for Site Remediation rules at N.J.A.C. 7:26E;
3. The biennial certification requirements
pursuant to (b) through (e) below; and
4. All other conditions that the Department
includes in the soil remedial action permit.
(b) The permittee shall determine the
protectiveness of the soil remedial action in preparation for submitting a soil
biennial remedial action protectiveness certification report form by:
1. Determining whether any actual or pending
zoning or land-use change is consistent with the use restrictions in the deed
notice or declaration of environmental restrictions or whether it could
undermine the protectiveness of the remedial action in a manner that could
prevent the remedial action from:
i. Meeting
the applicable health risk standard pursuant to N.J.S.A. 58:10B-12g(3)(b);
and
ii. Continuing to be protective
of public health, safety, and of the environment pursuant to N.J.S.A.
58:10B-12g;
2.
Periodically inspecting the site to identify whether:
i. Any excavation or other disturbance
activities have taken place within the restricted areas;
ii. Any disturbances of the soil within the
restricted area have resulted in unacceptable human exposure to the soil
contamination; and
iii. All
engineering or institutional controls that are part of the remedial action
continue to function as designed to limit human exposure to contamination above
the unrestricted use standard;
3. Comparing New Jersey laws, remediation
standards, and other regulations applicable at the time the engineering or
institutional control was established with any relevant subsequently
promulgated or modified laws, regulations, or remediation standards to
determine whether:
i. Any subsequently
promulgated or modified laws, regulations, or remediation standards apply to
the site; and
ii. Each engineering
and institutional control is consistent with the requirements of the
subsequently promulgated or modified laws, regulations, and remediation
standards; and
4.
Keeping records, including a detailed log, completed for the time since the
implementation of the remedial action, or the last certification and monitoring
report was submitted to the Department, whichever is more recent, of how the
permittee has maintained and evaluated the engineering control in compliance
with this section.
(c)
The permittee shall submit the results of the remedial action protectiveness
determination performed pursuant to (b) above in a certification to the
Department biennially, according to the schedule in the permit, pursuant to the
instructions on the form, as well as to the following persons and entities:
1. The municipal and county clerks for each
municipality and county in which any property included in the deed notice or
declaration of environmental restrictions is located;
2. The local, county and regional health
department for each municipality and county in which any property included in
the deed notice or declaration of environmental restrictions is
located;
3. Each owner of the
property which is included in the deed notice or declaration of environmental
restrictions;
4. The Pinelands
Commission if the deed notice or declaration of environmental restrictions is
recorded within the jurisdiction of that Commission; and
(d) As part of the evaluation of the
protectiveness of the soil remedial action, the permittee shall either:
1. Certify to the Department that:
i. The deed notice or declaration of
environmental restrictions, including all engineering controls, is being
properly maintained; and
ii. The
soil remedial action continues to be protective of the public health and safety
and the environment; or
2. If the permittee cannot provide the
certification required in (d)1 above, the permittee shall ensure that the
remedial action remains protective of the public health and safety and the
environment by, as necessary, modifying the remedial action, proposing a
revision to the deed notice, and applying for a modification of the soil
remedial action permit.
(e) The permittee shall submit both a paper
and electronic copy of the biennial remedial action protectiveness
certification for the soil remedial action to the Department according to the
schedule on a form available from the Department at
www.nj.gov/dep/srp/srra/forms.
