N.J. Admin. Code § 7:28-12.4

Current through Register Vol. 56, No. 17, September 3, 2024

Section 7:28-12.4 - General requirements

(a) Any person or licensee conducting remediation pursuant to this subchapter shall comply with the requirements of N.J.A.C. 7:26E, Technical Requirements for Site Remediation, excluding those sections related to sampling, surveying, and background investigations. Sampling, surveying and laboratory requirements shall be in accordance with 7:28-12.5.

(b) The Department shall require a licensee to provide a decommissioning plan that addresses historical site assessment, scoping, characterization, remedial action options and selection, and a final status survey report when, based on the types, quantities, and half-lives of the licensed material, such elements of the decommissioning plan are appropriate.

(c) Compliance with this subchapter shall not relieve any person or licensee from complying with more stringent cleanup standards or provisions imposed by any other applicable statute, rule or regulation.

(d) Upon Departmental approval of the remedial action workplan or similar plan, the Department may not subsequently require a change to that workplan or similar plan in order to compel a different remediation standard due to the fact that the established remediation standards have changed; however, the Department may compel a different remediation standard if the difference between the new remediation standard and the remediation standard approved by the Department in the workplan or similar plan differs by an order of magnitude.

N.J. Admin. Code § 7:28-12.4

Amended by R.2008 d.281, effective 9/15/2008 (operative September 30, 2009).
See: 40 N.J.R. 2309(a), 40 N.J.R. 5196(b), 41 N.J.R. 3415(a).
In (a) and (c), inserted "or licensee"; added (b) and (d); and recodified former (b) as (c).