N.J. Admin. Code § 7:26D-1.5 - Definitions

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

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

"Alternative remediation standard" or "ARS" means a remediation standard that is established using site-specific factors following the procedures set forth at N.J.A.C. 7:26D-8 and 7:26D Appendices 6, 7, 8, and 9.

"Area of concern" has the same meaning as the definition of the term in the Technical Requirements for Site Remediation, N.J.A.C. 7:26E-1.8.

"Carcinogen" means a contaminant capable of inducing a cancer response, including Group A (Human Carcinogen), Group B (Probable Human Carcinogen) and Group C (Possible Human Carcinogen) categorized in accordance with the USEPA Guidelines for Carcinogen Risk Assessment, 51 Fed. Reg. 33932 (1986), as amended and supplemented.

"Contaminated site" means a contaminated site as defined pursuant to the Technical Requirements for Site Remediation rules at N.J.A.C. 7:26E-1.8.

"Contamination" or "contaminant" means contamination or a contaminant as defined pursuant to the Technical Requirements for Site Remediation rules at N.J.A.C. 7:26E-1.8.

"Criterion" or "criteria" means, for the ingestion-dermal, inhalation, and vapor intrusion exposure pathways, the health-based value(s) that is (are) derived from the equations contained at N.J.A.C. 7:26D Appendices 2, 3, and 5 using the applicable chemical and physical properties of contaminants contained at N.J.A.C. 7:26D Appendix 10 and toxicity factors contained at N.J.A.C. 7:26D Appendix 11. For the migration to ground water exposure pathway, "criterion" or "criteria" means the soil-water partitioning value(s) that are derived from N.J.A.C. 7:26D Appendix 4, Equations 1 through 4, using the applicable chemical and physical properties of contaminants contained at N.J.A.C. 7:26D Appendix 10.

"Department" means the New Jersey Department of Environmental Protection.

"Discharge" means a discharge as defined pursuant to the Technical Requirements for Site Remediation rules at N.J.A.C. 7:26E-1.8.

"Exposure pathway" means the routes by which contaminants in soil, water, or other media come in contact with humans. Examples include the ingestion-dermal exposure pathway, the inhalation exposure pathway, the migration to ground water exposure pathway, and the vapor intrusion exposure pathway.

"Extractable petroleum hydrocarbons" or "EPH" means extractable aliphatic and aromatic petroleum hydrocarbons identified using the Department's "Extractable Petroleum Hydrocarbons Methodology," found at https://nj.gov/dep/srp/ guidance/srra/eph_method.pdf. EPH includes, but is not limited to, No. 2 heating oil and diesel fuel (Category 1), and heavier petroleum products (Category 2), but excludes the lighter petroleum products including gasoline and mineral spirits.

"Ground water" means ground water as defined pursuant to the Ground Water Quality Standards at N.J.A.C. 7:9C-1.4.

"Ground water quality criteria" means any ground water quality criteria as defined pursuant to the Ground Water Quality Standards at N.J.A.C. 7:9C-1.4.

"Ingestion-dermal exposure pathway" means an exposure pathway involving potential human contact with contaminants through incidental ingestion of soil and through dermal contact with soil.

"Inhalation exposure pathway" means an exposure pathway involving potential human contact with contaminants through the inhalation of particulates or vapors, or a combination of particulates and vapors, emanating from contaminated soil. This pathway is distinct from the vapor intrusion exposure pathway.

"Interim remediation standard" means a remediation standard that is established pursuant to N.J.A.C. 7:26D-6.

"Migration to ground water exposure pathway" means an exposure pathway involving the migration of contaminants in the vadose zone to ground water and subsequent potential human exposure through the ingestion of ground water.

"Nonresidential" or "NR" means used for commercial or industrial purposes.

"Person responsible for conducting the remediation" means the person responsible for conducting the remediation as defined in the Administrative Requirements for the Remediation of Contaminated Sites at N.J.A.C. 7:26C-1.3.

"Pollutant" means any substance defined as such pursuant to the Water Pollution Control Act, N.J.S.A. 58:10A-1et seq.

"Practical quantitation level" or "PQL" means a practical quantitation level or PQL as defined pursuant to Technical Requirements for Site Remediation rules at N.J.A.C. 7:26E-1.8.

"Regional natural background level" means the concentration of a contaminant consistently present in the environment of the region of the site and which has not been influenced by localized human activities.

"Remediation" or "remediate" means remediation or remediate as defined pursuant to the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-1.8.

"Remediation standard" means the combination of a numeric standard that establish a level or concentration, and a narrative standard, as appropriate, to which a contaminant must be treated, removed, or otherwise cleaned for soil, soil leachate, ground water, surface water, or indoor air, as established by this chapter.

"Reporting limit" means a reporting limit as defined pursuant to the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-1.8.

"Residential" means used for residences, private and public schools as defined at N.J.S.A. 18A:1-1, charter schools established pursuant to N.J.S.A. 18A:36A-1et seq., and childcare centers licensed pursuant to N.J.S.A. 30:5B-1et seq.

"Surface water" means "surface water" as defined pursuant to the Surface Water Quality Standards, N.J.A.C. 7:9B.

"Surface Water Quality Standards" has the same meaning as the definition of the term at N.J.A.C. 7:9B-1.4.

"USEPA" means the United States Environmental Protection Agency.

"Vapor intrusion exposure pathway" is an exposure pathway involving potential human contact with contaminants through the inhalation of contaminated indoor air resulting from the migration of volatile contaminants from the subsurface into buildings. This pathway is distinct from the inhalation exposure pathway.

Notes

N.J. Admin. Code § 7:26D-1.5
Special amendment, R.2009 d.361, effective 11/4/2009 (to expire May 4, 2011).
See: 41 N.J.R. 4467(a).
Rewrote definition "Person responsible for conducting the remediation".
Readoption of special amendment, R.2011 d.251, effective 9/8/2011.
See: 43 N.J.R. 1077(a), 43 N.J.R. 2581(b).
Provisions of R.2009 d.361 readopted without change.
Amended by R.2012 d.095, effective 5/7/2012.
See: 43 N.J.R. 1935(a), 44 N.J.R. 1339(b).
Deleted definition "Oversight document".
Amended by 53 N.J.R. 775(b), effective 5/17/2021

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