Technical Requirements for Site Remediation Backbone of New Jerseys Site Remediation Program

How Rulemaking is Initiated n NJ Legislature writes a bill n Bill is passed by the Legislature and Assembly n Bill is signed by the Governor n Agency (DEP) does rulemaking

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

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

Who conducts remediations Person conducting remediation is: n Owner of a site n Operator of a site n Person responsible for the discharge n Volunteer not in any way responsible (prospective purchaser, developer, local government) n Department - Publicly funded remediations

Remediation Milestones n Preliminary Assessment n Site Investigation n Remedial Investigation n Remedial Action Work Plan n Remedial Action Report n Monitoring of Engineering and Institutional Controls

Preliminary Assessment (PA) n Purpose: Identify potentially contaminated areas n 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 n Sampling biased to highest contamination n Sample and laboratory methods n Building interiors n Soil n Ground water n Surface water and sediments

Site Investigation n Areas specific requirements: Tanks, piping, impoundments, floor drains, etc. n Natural soil background levels - Arsenic, Thallium n Baseline Ecological Evaluation – Contaminants – Eco-receptor – Pathway n Historic contaminated fill material

Site Investigation If ground water contamination is identified investigation is expedited n Determine direction of flow n Conduct well search n Identify domestic wells in 1/2 mile n Identify industrial/supply wells in 1 mile n Contact Department n Sample identified wells n Expedite Remedial Investigation

Remedial Investigation Purpose: For each area of concern (AOC) n Delineate vertical and horizontal extent of contamination n Identify site characteristics n Identify migration pathways n Determine ecological impacts n Containment/stabilization needed

Remedial Action Work Plan Purpose: Demonstrate the proposed remedial action is appropriate n Description of remedy n Remediation standards to be achieved n If remedy will include an engineering or institutional control n Plan for monitoring controls

Remedial Action Work Plan n Area by area remediation plan n Specific area requirements -Tanks, piping, impoundments, floor drains, etc. n Quality assurance plan n Required permits n Soil and sediment erosion control n Health and safety plan n Soil reuse plan

Remedial Action Work Plan n Design engineering controls n Property owners written permission for deed notice n Draft deed notice n Provide data for ground water classification exception area (CEA) n Cost estimate n Schedule for progress report and completion

Engineering & Institutional Controls n Property is owned by individuals or corporation (the soil) – Residential soil standards – Non-residential soil standards n Engineering controls are used to reduce or eliminate exposure – Fences, capping w/soil, clay, or other materials

Engineering & Institutional Controls n Institutional controls - Deed notice n Provides notice of site conditions and engineering controls n Can limit access or type of land use n Identifies person responsible for maintaining, monitoring, reporting

Engineering & Institutional Controls n State holds the ground water in trust for New Jersey citizens n Department designates ground water use classifications n Ground water classification exception area – Type of Institutional control – Provides public notice – For specific contaminants – For a specified time frames

Remedial Action Work Plan n Post remedial action requirements: n Sampling n Identify extent of soil contamination left above most stringent standards n Confirm data supporting CEA

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