New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION
Subchapter 1 - GENERAL INFORMATION
Section 7:26E-1.7 - Variance from the technical requirements

Universal Citation: NJ Admin Code 7:26E-1.7

Current through Register Vol. 56, No. 18, September 16, 2024

(a) Except as provided in (b) below, the person responsible for conducting the remediation may vary from the technical requirements in N.J.A.C. 7:26E-1 through 5 provided that person submits the following technical information, and a variance form found on the Department's website at http://www.nj.gov/dep/srp/srra/forms, prior to varying from any technical requirement:

1. The regulatory citation for the technical requirement;

2. A description of how the proposed variance deviates from the cited regulatory requirement; and

3. The rationale for varying from the cited technical requirement that includes supporting information as necessary to document that the requested variance will:
i. Provide results that are verifiable and reproducible;

ii. Achieve the objectives of the cited technical requirement; and

iii. Further the attainment of the purpose of the specific remedial phase.

(b)The person responsible for conducting the remediation shall not vary from any of the following applicable requirements:

1. A regulatory timeframe, site-specific expedited timeframe, or mandatory timeframe;

2. A requirement to obtain or comply with a permit;

3. A requirement to submit a document;

4. A requirement to comply with a remediation standard;

5. A requirement to comply with a quality assurance laboratory requirement;

6. A requirement to obtain the Department's prior written approval;

7. The requirements of N.J.A.C. 7:26E-5.2(b); or

8. The requirement to not import hazardous waste as fill material, pursuant to N.J.A.C. 7:26E-5.2(f).

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