New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 26E - TECHNICAL REQUIREMENTS FOR SITE REMEDIATION
Subchapter 5 - REMEDIAL ACTION
Section 7:26E-5.3 - Remedial action requirements for residences, schools, and child care centers

Universal Citation: NJ Admin Code 7:26E-5.3

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

(a) For any remediation initiated on or after May 7, 2010, when new construction of, or a change in use to, a residence, a school, or child care center will occur, the person responsible for conducting remediation shall implement at that area of concern:

1. An unrestricted use remedial action;

2. A presumptive remedy consistent with (b) below, and Table 5-1 below; or

3. An alternative remedy.

(b) For any remediation initiated on or after May 7, 2010, when new construction of, or a change in use to, a residence, a school, or a child care center will occur, the person responsible for conducting the remediation shall, except as provided in (c) below, implement an unrestricted use remedial action or a presumptive remedy in the following two situations:

1. A discrete area discharge; and

2. Widespread polychlorinated biphenyl contamination where the planned use is Residential Type I.

(c) For any remediation initiated on or after May 7, 2010, when new construction of, or a change in use to, a residence, a school, or a child care center will occur, when the person responsible for conducting the remediation determines not to use an unrestricted use remedial action or a presumptive remedy, the person responsible for conducting the remediation shall:

1. Propose an alternative remedy by preparing and submitting to the Department for written approval a remedial action workplan pursuant to N.J.A.C. 7:26E-5.5that includes the following information:
i. An analysis describing how:
(1) The presumptive remedy is impractical due to site conditions; or

(2) The alternative remedy would be equally protective over time as the presumptive remedy;

ii. A detailed description of the alternative remedy including specifications for engineering and institutional controls and a plan for monitoring of such controls; and

iii. An explanation of how the alternative remedy is protective of public health, safety and the environment; and

2. Obtain the Department's written approval prior to implementation of the alternative remedy.

(d) For any remediation initiated on or after May 7, 2010, when new construction of, or a change in use to, a residence, a school, or a child care center will occur, the person responsible for conducting the remediation shall submit a remedial action workplan pursuant to N.J.A.C. 7:26E-5.5 and obtain the Department's written approval before implementing a remedial action at any area of concern:

1. Containing unexploded ordnance, polychlorinated dibenzo-p-dioxins, polychlorinated dibenzofurans, hexavalent chromium, or landfills; or

2. When treatment or removal of free product or residual product is not practicable.

(e) The new construction of, or change in use to, a single family residence, school, or child care center is prohibited on a landfill that undergoes remediation initiated on or after May 7, 2010, if engineering controlsare required for the management of landfill gas or leachate.

Table 5-1

Presumptive Remedies for Soil Contamination at Schools, Child Care Centers, and Residences

Contamination

Subcategories/Scenarios

Presumptive

Remedial

Remedial

Type

Remedy/Remediation

Action -

Action -

Goal

Schools, Child

Type I

Care Centers,

Residential

and Type II

Residential

Historic Fill

Play

Restricted

Option #1. Barrier

Same

and/or all other

Areas-Loose

Use

- Minimum of one foot

engineering

discharged

Fill Surface

clean loose fill

control

contaminants not

(for example,

material; Buffer

requirement as

otherwise

mulch, sand,

- Minimum of one foot

Schools, Child

excluded in

etc.)

clean loose fill

Care Centers

N.J.A.C.

material;

and Type II

7:26E-5.3

Demarcation -

Residential

Geotextile fabric;

and Inspection -

Quarterly. Option

#2. Barrier -

Minimum of two feet

clean loose fill

material; Buffer

- Minimum of two

feet

clean loose fill

material;

Demarcation -

Visible contamination

boundary marker or

geotextile fabric;

and Inspection -

Semi-annual.

Historic Fill

Play

Restricted

Option #1. Barrier

Same

and/or all other

Areas-Unitary

Use

- Proposed surface of

engineering

discharged

Material

unitary material and

control

contaminants not

Surface (for

a minimum of six

requirement as

otherwise

example,

inches crushed stone;

Schools, Child

excluded in

Tile, Rubber

Buffer - Minimum

Care Centers

N.J.A.C.

Mat,

of six inches crushed

and Type II

7:26E-5.3

Artificial

stone; Demarcation

Residential

Turf)

- Geotextile fabric;

and Inspection -

Annual. Option #2.

Barrier -

Proposed surface of

unitary material and

a minimum of four

inches of concrete or

asphalt; Buffer

- Four inches of sub

base; Demarcation

- Visible

contamination

boundary marker;

and

Inspection -

Annual. Option #3.

Barrier -

Proposed surface of

unitary material and

a minimum of one foot

clean fill; Buffer

- Minimum of one foot

clean fill;

Demarcation -

Visible contamination

boundary marker; and

Inspection -

Annual.

Historic Fill

Play Areas

Restricted

Option #1. Barrier

Same

and/or all other

- Other

Use

- Vegetative cover

engineering

discharged

Unpaved

with a minimum of one

control

contaminants not

Playing

foot clean fill;

requirement as

otherwise

Surfaces (for

Buffer - Minimum

Schools, Child

excluded in

example,

of one foot clean

Care Centers

N.J.A.C.

athletic

fill; Demarcation

and Type II

7:26E-5.3

fields)

- Geotextile fabric;

Residential

and Inspection -

Annual.

Option #2.

Barrier -

Vegetative cover with

a minimum of two feet

clean fill; Buffer

- Minimum of two feet

clean fill;

Demarcation -

Visible contamination

boundary marker; and

Inspection -

Annual.

Historic Fill

Concrete

Restricted

Barrier -

Same

and/or all other

or Asphalt

Use

Minimum of four

engineering

discharged

Surfaces (for

inches of concrete or

control

contaminants not

example,

asphalt; Buffer

requirement as

otherwise

Driveways,

- Minimum of four

Schools, Child

excluded in

Roadways,

inches of sub base;

Care Centers

N.J.A.C.

Parking,

Demarcation -

and Type II

7:26E-5.3

Walkways,

Visible contamination

Residential

Bicycle

boundary marker; and

Paths, etc.)

Inspection -

Annual.

Historic Fill

Building

Restricted

Option #1. Barrier

Same

and/or all other

Footprint --

Use

-- Minimum of four

engineering

discharged

New

inches of concrete;

control

contaminants not

Construction

Buffer --

requirement as

otherwise

Minimum four inches

Schools, Child

excluded in

of sub base;

Care Centers

N.J.A.C.

Demarcation --

and Type II

7:26E-5.3

Visible contamination

Residential

boundary marker; and

Inspection --

Annual Option #2

(for crawl spaces).

Barrier --

Minimum of one foot

clean fill; Buffer

-- Minimum of one

foot clean fill;

Demarcation --

Visible contamination

boundary marker; and

Inspection --

Semi-annual.

Historic Fill

Building

Restricted

Option #1. Barrier

Same

and/or all other

Footprint -

Use

- Minimum of four

engineering

discharged

Existing

inches of concrete;

control

contaminants not

Construction

Buffer - Minimum

requirement as

otherwise

four inches of sub

Schools, Child

excluded in

base; Demarcation

Care Centers

N.J.A.C.

- Not required; and

and Type II

7:26E-5.3

Inspection -

IResidential

Annual. Option #2

(for crawl spaces and

basements with a dirt

floor). Barrier

- Minimum of one foot

clean fill; Buffer

- Minimum of one foot

clean fill;

Demarcation -

Visible contamination

boundary marker; and

Inspection -

Semi-annual.

Historic Fill

Vegetative

Restricted

Barrier -

Option #1.

and/or all other

Cover (for

Use

Vegetative cover with

Barrier

discharged

example, Lawn

a minimum of six

- Vegetative

contaminants not

Areas)

inches of clean fill;

cover with a

otherwise

Buffer - Minimum

minimum of one

excluded in

of six inches of

foot clean

N.J.A.C.

clean fill;

fill; Buffer

7:26E-5.3

Demarcation -

- Minimum of

Visible contamination

one foot clean

boundary marker; and

fill;

Inspection -

Demarcation

Semi-annual.

- Geotextile

fabric; and

Inspection

- Quarterly.

Option #2.

Barrier -

Vegetative

cover with a

minimum of two

feet clean

fill; Buffer

- Minimum of

two feet clean

fill;

Demarcation

- Visible

contamination

boundary

marker or

geotextile

fabric; and

Inspection

- Semi-annual.

Historic Fill

Landscaped

Restricted

Option #1. Barrier

Same

and/or all other

Areas

Use

- Minimum of one foot

engineering

discharged

clean fill; *Buffer

control

contaminants not

- Minimum of one foot

requirement as

otherwise

clean fill;*

Schools, Child

excluded in

Demarcation -

Care Centers

N.J.A.C.

Geotextile fabric;

and Type II

7:26E-5.3

and Inspection -

|Residential

Semi-annual. Option

#2. Barrier -

Minimum of two feet

of clean fill; *Buffer

- Minimum of two feet

clean fill;*

Demarcation -

Visible contamination

boundary marker; and

Inspection -

Semi-annual.*

Trees and shrubs can

be planted within

barrier and/or buffer

layer(s), but must

maintain a minimum of

one foot clean fill

on all sides and

below the extent of

planted root ball of

larger plant

materials.

Historic Fill

Maintenance

Restricted

Barrier -

Not

and/or all other

Areas/Dumpsters

Use

Minimum of four

Applicable.

discharged

and Compactor

inches of concrete or

contaminants not

Pad/Other

asphalt; Buffer

otherwise

Areas

- Minimum of four

excluded in

Restricted to

inches of sub base;

N.J.A.C.

Workers

Demarcation -

7:26E-5.3

Visible contamination

boundary marker; and

Inspection -

Annual.

Historic Fill

Underground

Restricted

Piping & Conduits

Same

and/or all other

Utility

Use

Placed in Trenches:

engineering

discharged

Corridors

Barrier - Clean

control

contaminants not

fill from surface

requirement as

otherwise

down to utility

Schools, Child

excluded in

(minimum of one

Care Centers

N.J.A.C.

foot); Buffer -

and Type II

7:26E-5.3

Minimum of one foot

Residential

of clean fill below

and around the sides

of the utility;

Demarcation -

Visible contamination

boundary marker along

the bottom and sides

of the trench; and

Inspection -

Annual. Burial

Cable may be

installed within

barrier and/or buffer

layer(s) but a

minimum of one foot

clean fill must be

maintained on sides

and below

installation.

Historic Fill

Contamination

Restricted

Barrier -

Same

and/or all other

at depths

Use

Minimum of five feet

engineering

discharged

greater than

clean material; Buffer

control

contaminants not

10 feet with

- Minimum of five

requirement as

otherwise

10 feet of

feet clean material;

Schools, Child

excluded in

clean

Demarcation -

Care Centers

N.J.A.C.

material

None Required; and

and Type II

7:26E-5.3

covering the

Inspection -

Residential

contamination

Annual.

Widespread

Any Use

Unrestricted

Remove and/or

Remove

PCBs

Use or

treat all PCB

and/or treat

Restricted

contamination to a

to

Use

minimum of 10 mg/kg.

unrestricted

For any PCB

levels

contamination greater

pursuant to

than 0.2 mg/kg and

N.J.A.C.

less than or equal to

7:26E-5.3(b)2

10 mg/kg apply Option

# 1 or Option # 2:

Option #1. Barrier

- Minimum of six

inches asphalt or

concrete; Buffer

- Minimum of 18

inches clean fill;

Demarcation -

Visible contamination

boundary marker; and

Inspection -

Annual. Option #2.

Barrier -

Minimum of 18 inches

of clean fill; Buffer

- Minimum of 10

inches of compacted

soil pursuant to 40

CFR 761.61(a)7;

Demarcation -

Geotextile fabric;

and Inspection -

Semi-annual

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