Current through Register Vol. 56, No. 24, December 18, 2024
(a)
The permittee shall comply with all of the following concerning the ground
water remedial action:
1. The general
conditions applicable to all remedial action permits at
N.J.A.C. 7:26C-7.7;
2. The ground water monitoring reporting
requirements in any remedial action workplan or remedial action report approved
for the site by either the Department or a licensed site remediation
professional;
3. The ground water
monitoring plan and schedule as required in
N.J.A.C. 7:26C-7.5(c)4 or
7.5(d)5;
4. The well restrictions
associated with each ground water classification exception area for the
site;
5. The remedial action
protectiveness evaluation in (b) through (d) below; and
6. All other conditions that the Department
includes in the ground water remedial action permit.
(b) The permittee shall determine the
protectiveness of the ground water remedial action in preparation for
submitting a ground water biennial remedial action protectiveness certification
report form by:
1. Determining the
effectiveness of the remediation by evaluating the data gathered by the
monitoring program required pursuant to
N.J.A.C. 7:26C-7.5(c)4 and (d)5;
2. Comparing New Jersey laws, Ground Water
Quality Standards, and other regulations applicable at the time the Department
established the ground water classification exception area, 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 ground water classification
exception area is consistent with the requirements of the subsequently
promulgated or modified laws, regulations and remediation standards;
3. Determining whether there are
any planned changes within a 25-year water use planning horizon for the
aquifer(s) in which the ground water classification exception area is located
since the Department established the ground water classification exception area
or the last completed protectiveness evaluation;
4. Identifying whether there have been any
actual changes in the ground water use in the water use planning area since the
Department established the ground water classification exception area or the
last completed protectiveness evaluation;
5. Inspecting all ground water monitoring
wells associated with the ground water classification exception area and
maintaining a log for each monitoring well;
6. Identifying any land use disturbance, such
as the installation of a detention basin, that may intercept the water table
within the area of the ground water classification exception area that could
result in a contaminated discharge to surface water. If any such disturbance is
identified, sample the ground water and surface water downgradient and
proximate to the land use disturbance to determine whether the ground water
meets the more stringent of either:
i. The
New Jersey Surface Water Quality Standards, N.J.A.C. 7:9B; or
ii. The Federal Surface Water Quality
Criteria, 40 CFR Part 131; and
7. Determining whether:
i. The current fate and transport analysis
remains accurate with regard to the risk of vapor intrusion; and
ii. There are any changes in property use
that increase the risk of vapor intrusion from volatile ground water
contaminants.
(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, on the form, found on the Department's website,
www.nj.gov/dep/srp/srra/forms, as
described in (a)5 above, as well as to the following:
1. The municipal and county clerks for each
municipality and county in which any property included in the ground water
classification exception area is located;
2. The local, county and regional health
department for each municipality and county in which any property included in
the ground water classification exception area is located;
3. The county planning board for each county
in which the ground water classification exception area will be
located;
4. The Pinelands
Commission if the ground water classification exception area will be located
within the jurisdiction of that Commission;
5. Each owner of any real property that will
be within the footprint of the ground water classification exception area;
and
6. Each permittee listed on the
permit.
(d) As part of
the evaluation of the protectiveness of the ground water remedial action, the
permittee shall either:
1. Certify to the
Department that:
i. The ground water
classification exception area is being properly maintained; and
ii. The ground water remedial action
continues to be protective of 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:
i. Modifying the remedial action, re-modeling
the fate and transport of the ground water contaminant plume, proposing a
revision to the ground water classification exception area, and applying for a
modification of the ground water remedial action permit; and
ii. If there are any changes in property use
that increase the risk of vapor intrusion from volatile ground water
contaminants such that the remedial action is no longer protective of public
health and safety, then conduct public outreach, consistent with the
notification requirements at
N.J.A.C. 7:26C-1.7, and any additional
remediation, and apply for a modification of the ground water remedial action
permit necessary to address the vapor intrusion risk.
(e) The permittee shall submit
both a paper and electronic copy of the biennial remedial action protectiveness
certification for the ground water remedial action to the Department according
to the schedule in the permit and on a form available from the Department at
www.nj.gov/dep/srp/srra/forms.
(f) Within 180 calendar days after the
anticipated expiration date of the ground water classification exception area
posted by the Department on its website pursuant to
N.J.A.C. 7:26C-7.3(e), the
permittee shall collect at least two rounds of ground water samples such that
the time between sampling events accounts for seasonal fluctuations in the
ground water table and the number of ground water samples collected is
representative of the entire horizontal and vertical extent of the ground water
classification exception area, and:
1. If
ground water samples indicate that contaminant concentrations have decreased to
or below the applicable ground water quality standards throughout the ground
water classification exception area, then any person may request that the
Department remove the ground water classification exception area pursuant to
N.J.A.C. 7:26C-7.3(g) and
terminate the ground water remedial action permit pursuant to
N.J.A.C. 7:26C-7.13; or
2. If ground water samples indicate that
contaminant concentrations have not decreased to or below the applicable ground
water quality standards throughout the ground water classification exception
area, then:
i. Modify the remedial action by
re-modeling the fate and transport of the ground water contaminant plume,
proposing a revision to the ground water classification exception area, and
applying for a modification of the ground water remedial action permit;
and
ii. If there are any changes in
property use that increase the risk of vapor intrusion from volatile ground
water contaminants such that the remedial action is no longer protective of
public health and safety, then perform public outreach, consistent with the
notification requirements at
N.J.A.C. 7:26C-1.7, and any additional
remediation, and apply for a modification of the ground water remedial action
permit necessary to address the vapor intrusion risk.
