N.J. Admin. Code § 7:26C-14.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:26C-14.3 - Discretionary direct oversight

(a) The Department may evaluate undertaking direct oversight of a portion, a condition, or the entire remediation of a contaminated site when the contamination at the site:

1. Includes chromate chemical production waste and either of the following apply:

i. Hexavalent chromium (Cr+6) is detected in the soil in excess of 20 milligrams per kilogram of dry weight soil (mg/kg or ppm); or

ii. The Cr+6 contamination in ground water exceeds 70 micrograms per liter of solution ([micro]g/l or ppb);

2. Has injured more than one environmentally sensitive natural resource;

3. Has contributed to sediments contaminated by polychlorinated biphenyl, mercury, arsenic, or dioxin in a surface water above the Department's Ecological Screening Criteria as found on the Department website at www.nj.gov/dep/srp/guidance/ecoscreening, and the concentration of any of these substances exceeds either of the following:

i. The severe effects level for freshwater conditions; or

ii. The effects range medium for saline conditions; or

4. The Department has ranked the site in the category requiring the highest priority pursuant to the ranking system developed pursuant to N.J.S.A. 58:10-23.16.

(b) The Department will consider the following criteria when evaluating, pursuant to (a) above, whether to undertake direct oversight of a portion, a condition, or the entire remediation of a contaminated site:

1. The extent that the person responsible for conducting the remediation:

i. Is in compliance with all applicable remediation statutes and regulations;

ii. Has implemented an interim response action necessary to contain or stabilize contaminants in all media to prevent contaminant migration and exposure of receptors;

iii. Has entered into a voluntary agreement with the Department to resolve the natural resource injury caused by discharges at a site if such damage has occurred; and

iv. Has implemented green remediation as part of remediation; and

2. Whether:

i. Ground water contamination is greater than five acres;

ii. Wetland soil or sediment contamination is greater than five acres;

iii. Surface water sediment contamination exceeds, for any given contaminant, the severe effects level concentration for freshwater conditions or the effects range medium concentration for saline conditions pursuant to the Department's Ecological Screening Criteria as found on the Department's website at www.nj.gov/dep/srp/guidance/ecoscreening;

iv. Surface water contamination exceeds, for any given contaminant, an acute aquatic surface water quality standard, pursuant to N.J.A.C. 7:9B-1.14(f);

v. Ground water contamination, which is discharging to surface water, exceeds, for any given contaminant, the acute aquatic surface water quality standard, pursuant to N.J.A.C. 7:9B-1.14(f);

vi. Soil contamination, except for pesticides, exceeds, for any given contaminant, 100 times the greatest value in the Department's Ecological Screening Criteria, which are available at www.nj.gov/dep/srp/guidance/ecoscreening/; or

vii. Pesticide soil contamination exceeds one mg/kg for any given pesticide.

(c) When the Department determines to undertake discretionary direct oversight of the remediation of a contaminated site:

1. The Department shall inform the person responsible for conducting the remediation in writing of its decision; and

2. The person responsible for conducting the remediation shall, upon receipt of the Department's written notice pursuant to (c)1 above, comply with the requirements for direct oversight listed at N.J.A.C. 7:26C-14.2(b).

N.J. Admin. Code § 7:26C-14.3