N.J. Admin. Code § 7:26D-1.4 - Applicability

Current through Register Vol. 54, No. 7, April 4, 2022

(a) This chapter establishes the remediation standards for ground water, surface water, soil, soil leachate, and indoor air for contaminated sites in New Jersey including, without limitation, those sites subject to:
1. The Industrial Site Recovery Act (ISRA), 13:1K-6 et seq.;
2. The New Jersey Underground Storage of Hazardous Substances Act (UST), 58:10A-21 et seq.;
3. The Spill Compensation and Control Act, N.J.S.A. 58:10-23.1 1a et seq.;
4. The Solid Waste Management Act, N.J.S.A. 13:E-1 et seq.;
5. The Water Pollution Control Act, 58:10A-1 et seq.;
6. The Brownfield and Contaminated Site Remediation Act, 58:10B-1 et seq.;
7. The Comprehensive Regulated Medical Waste Management Act, 13:1E-48.1 et seq.;
8. The Major Hazardous Waste Facilities Siting Act, 13:1E-49 et seq.;
9. The Sanitary Landfill Facility Closure and Contingency Fund Act, 13:1E-100 et seq.; and
10. The Regional Low-Level Radioactive Waste Disposal Facility Siting Act, 13:1E-177 et seq.
(b) The person responsible for conducting the remediation shall comply with the remediation standards set forth in this chapter, except as provided at (b)1, 2, and 3 below. The exceptions provided at (b)1, 2, and 3 below may be applied only to a site or an area of concern that is identified in a remedial action workplan or remedial action report.
1. The person responsible for conducting the remediation may use a standard or criterion the Department developed under N.J.S.A. 58:10B-12a, or other authority, prior to June 2, 2008, if:
i. The standard or criterion is not greater by an order of magnitude than the otherwise applicable remediation standard pursuant to this chapter;
ii. A remedial action workplan or a remedial action report containing standards or criteria developed for the site or an area of concern N.J.S.A. 58:10B-12a, or other authority, was submitted to the Department before December 2, 2008;
iii. The remedial action workplan or remedial action report was either approved by the Department or certified by a licensed site remediation professional; and
iv. The person responsible for conducting the remediation completes the remedial action within the applicable remedial action regulatory timeframe pursuant to the Technical Requirements for Site Remediation, N.J.A.C. 7:26E-5.8.
2. The person responsible for conducting the remediation may use a remediation standard that was in effect between June 2, 2008, and September 17, 2017, which the Department adopted or developed under N.J.S.A. 58:10B-12a, or other authority, if:
i. The standard is not greater by an order of magnitude than the otherwise applicable remediation standard pursuant to this chapter;
ii. A remedial action workplan or a remedial action report containing standards or criteria developed for the site or an area of concern under N.J.S.A. 58:10B-12a, or other authority, was submitted to the Department between December 2, 2008, and March 17, 2018;
iii. The remedial action workplan or remedial action report was either approved by the Department or certified by a licensed site remediation professional; and
iv. The person responsible for conducting the remediation completes the remedial action within the applicable remedial action regulatory timeframe pursuant to the Technical Requirements for Site Remediation, N.J.A.C. 7:26E-5.8.
3. The person responsible for conducting the remediation may use a remediation standard the Department adopted or developed pursuant to N.J.S.A. 58:10B-12a, or other authority, that was in effect between September 18, 2017, and May 17, 2021; if:
i. The standard is not greater by an order of magnitude than the otherwise applicable remediation standard pursuant to this chapter;
ii. A remedial action workplan or a remedial action report containing standards or criteria developed for the site or an area of concern under N.J.S.A. 58:10B-12awas submitted to the Department between March 18, 2018, and November 17, 2021;
iii. The remedial action workplan or remedial action report was either approved by the Department or certified by a licensed site remediation professional; and
iv. The person responsible for conducting the remediation completes the remedial action within the applicable remedial action regulatory timeframe pursuant to the Technical Requirements for Site Remediation, N.J.A.C. 7:26E-5.8.
(c) Notwithstanding any other provision of this chapter, all applicable remediation standards and remedial actions that involve real property located in the Pinelands area shall be consistent with the provisions of the Pinelands Protection Act, 13:18A-1 et seq., and any rules promulgated pursuant thereto, and with Section 502 of the National Parks and Recreation Act of 1978, 16 U.S.C. § 4711.

Notes

N.J. Admin. Code § 7:26D-1.4
Amended by R.2012 d.095, effective 5/7/2012.
See: 43 N.J.R. 1935(a), 44 N.J.R. 1339(b).
In (b), substituted "1.5(c)" for "1.3(c)".
Amended by 53 N.J.R. 775(b), effective 5/17/2021

The following state regulations pages link to this page.



State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.