Technical Requirements for Site Remediation

Backbone of New Jersey’s

Site Remediation Program

How Rulemaking is Initiated

NJ Legislature writes a bill

Bill is passed by the Legislature and

Assembly

Bill is signed by the Governor

Agency (DEP) does rulemaking

Administrative Procedures Act

Publish in the NJ Register Rule proposal Public comment period (30-60 Days) Response to comments Adoption (within 1 year of proposal) 5 Year expiration (“sunset”)

Technical Rules: History

Applies to All Contaminated Sites 1992 First Proposal 1993 First Adoption 1997 Readoption w/Amendments 1999 Brownfield Act Amendments 2001 Proposed Readoption w/Amendments 2002 Adoption

Who conducts remediations

Person conducting remediation is: Owner of a site Operator of a site Person responsible for the discharge Volunteer not in any way responsible

(prospective purchaser, developer, local government)

Department - Publicly funded remediations

Remediation Milestones

Preliminary Assessment

Site Investigation

Remedial Investigation

Remedial Action Work Plan

Remedial Action Report

Monitoring of Engineering and

Institutional Controls

Preliminary Assessment (PA)

Purpose: Identify potentially contaminated areas Diligent Inquiry

– Site history– All materials used/produced, waste generated– Production processes– Listed areas of concern (AOC)– All federal, state, local environmental permits– Site visit

Site Investigation (SI)

Purpose: Sample all potentially contaminated areas identified

Sampling biased to highest contamination Sample and laboratory methods Building interiors Soil Ground water Surface water and sediments

Site Investigation

Areas specific requirements: Tanks, piping, impoundments, floor drains, etc.

Natural soil background levels - Arsenic, Thallium

Baseline Ecological Evaluation– Contaminants– Eco-receptor– Pathway

Historic contaminated fill material

Site Investigation

If ground water contamination is identified investigation is expedited

Determine direction of flow Conduct well search Identify domestic wells in 1/2 mile Identify industrial/supply wells in 1 mile Contact Department Sample identified wells Expedite Remedial Investigation

Remedial Investigation

Purpose: For each area of concern (AOC) Delineate vertical and horizontal extent

of contamination Identify site characteristics Identify migration pathways Determine ecological impacts Containment/stabilization needed

Remedial Action Work Plan

Purpose: Demonstrate the proposed remedial action is appropriate

Description of remedy

Remediation standards to be achieved

If remedy will include an engineering or

institutional control

Plan for monitoring controls

Remedial Action Work Plan

Area by area remediation plan Specific area requirements -Tanks, piping,

impoundments, floor drains, etc. Quality assurance plan Required permits Soil and sediment erosion control Health and safety plan Soil reuse plan

Remedial Action Work Plan

Design engineering controls Property owner’s written permission for

deed notice Draft deed notice Provide data for ground water classification

exception area (CEA) Cost estimate Schedule for progress report and

completion

Engineering & Institutional Controls

Property is owned by individuals or

corporation (the soil)– Residential soil standards

– Non-residential soil standards

Engineering controls are used to reduce or

eliminate exposure– Fences, capping w/soil, clay, or other materials

Engineering & Institutional Controls

Institutional controls - Deed notice

Provides notice of site conditions and

engineering controls

Can limit access or type of land use

Identifies person responsible for

maintaining, monitoring, reporting

Engineering & Institutional Controls

State holds the ground water “in trust” for New Jersey citizens

Department designates ground water use classifications

Ground water classification exception area– Type of Institutional control– Provides public notice– For specific contaminants– For a specified time frames

Remedial Action Work Plan

Post remedial action requirements: Sampling Identify extent of soil contamination left

above most stringent standards Confirm data supporting CEA

Remedial Action Report

Restore to pre-remediation conditions Seal monitoring wells Record deed notice No further action required Begin monitoring Maintain controls Report to Department every 2 years Remove CEA when standards are achieved