Classification Exception Areas (CEAs) Information Session:

1
Classification Exception Areas (CEAs)
Information Session

• Objective
• To provide guidance for SRP staff and the
  general public to determine
• What a CEA designation does and which Bureau will
  process CEA/NFA biennnial certification and
  termination requests
• Slide presentation by Cynthia Pfleiderer Site
  Manager, BOMM

2
What a CEA Designation Does

• Provides notice that an aquifer classification
  will not be met in a localized area
• Suspends the aquifer use in the affected area
  until standards are met
• Target population all sites with ground water
  contamination over the standards

3
Purpose of establishing a CEA

• A CEA is not a ground water remedy, it is an
  institutional control established in conjunction
  with an approved remedy
• The NJDEP may revise or reestablish a CEA at any
  time to more accurately reflect the groundwater
  conditions using any relevant data

4
Regulatory Basis

• Regulatory authority - New Jersey Ground Water
  Quality Standards (N.J.A.C. 79-6.6)
• Details are in Subchapter 8. Engineering and
  Institutional Controls and Appendix F of the
  Technical Requirements for Site Remediation,
  N.J.A.C. 726E

5
Final CEA Guidance Document

• 1998 Final Guidance On Designation of
  Classification Exception Areas which can be
  downloaded from the NJDEPs website
• http//www.nj.gov/dep/srp/guidance/cea/

6
CEA is established when standards are not or will
not be met due to

• Natural ground water quality
• Discharges from NJPDES permits
• Pollution caused by human activity within a
  contaminated site

7
Well Restriction Areas

• If a State or Federal drinking water maximum
  contaminant level is exceeded, the CEA also
  functions as a Well Restriction Area (WRA)
• WRA does not prohibit installation of potable
  wells, but acts as warning that ground water
  contamination is present above safe drinking
  water levels
• Restrictions will be imposed for new drinking
  water wells in the WRA

8
Setting Up the CEA -Overview

• Responsible Party Prepares CEA Fact Sheet - found
  in Appendix F
• NJDEP Reviews Proposed CEA
• NJDEP Establishes CEA
• NJDEP Does Internal Notifications, While
  Responsible Party Does Public Notifications

9
Setting Up the CEA

• Responsible Party Completes and Submits the CEA
  Fact Sheet with RAW or NJPDES application
• Contaminants and their concentrations
• Present and future boundaries of contaminant
  plume (horizontal and vertical extent)
• Proposed expiration date, after which the
  standards will be met

10
External Notifications

• Property owners (in well use areas)
• Local health department
• Mayor and municipal clerk
• County health agency
• County clerk
• County planning board
• Pinelands commission (if in pinelands)

11
Internal Notifications

• Bureau of Water Allocation
• Bureau of Safe Drinking Water
• Placed on the NJDEPs CEA overlay for i-map NJ
  mapping database

12
Internal Notifications

• Placed on the NJDEPs NJEMS data system

13
CEA, Natural Remediation, No Further Action

• Establishing a CEA does not mean natural
  attenuation will be the approved ground water
  remedy for the entire site
• Establishing a CEA does not mean the site will
  immediately receive a no further action (NFA)
  declaration

14
Issuing the CEA

• With completed fact sheet and maps in hand, the
  NJDEP then designates the CEA
• through a NJPDES permit
• through a remedial action workplan approval or
  other appropriate oversight document

15
What is the current status of the CEA?

• How does the grey bar read in NJEMS?
• Is there an active case manager?
• Is the designation of the case listed as a no
  further action (NFA) case in the Bureau of
  Operation, Maintenance and Monitoring (BOMM)?

16
If the CEA/NFA is a closed case

• There is no active case manager and the only
  interest is regarding possible groundwater
  contamination
• Can some limited data be obtained from NJEMS and
  the fact sheet that was downloaded?
• If not advise the public to proceed with an OPRA
  request and submit it by using our web address
  at www.state.nj.us/dep/opra/opraform.html

17
Resampling for CEAs

• Within 120 days after the projected expiration
  date
• Details are found in the Technical Regulations
  for Site Remediation Subchapter 8. 726E 8.6
  under biennial certification - specific
  requirements these also apply to sites that wish
  to terminate their CEA
• Take at least two rounds of ground water samples
  to account for seasonal variations in ground
  water
• Take samples at representative locations -
  horizontal/vertical

18
If Groundwater concentrations are below
applicable standards

• Request removal of the CEA
• If the site has received a NFA, the request to
  remove the CEA is submitted with a Memorandum of
  Agreement (MOA)
• A MOA requirement can be found in the Oversite of
  The Remediation of Contaminated Sites N.J.A.C
  726C-2.2 reference is also made in 726E-8.2.

19
If Groundwater concentrations are above
applicable standards

• Re-evaluate fate and transport of contaminants,
  revise CEA to remain protective of actual and
  planned ground water use
• If the site has received a NFA, the request to
  revise the CEA is submitted with a memorandum of
  agreement

20
NFA/CEA Termination request

• When responsible party wants to remove the CEA
  there are specific requirements to follow
• A signed MOA, including two rounds of data 120
  days from the expiration date of the CEA,note
  this can be before that time
• A scaled site map, with a North arrow
• A signed and dated copy of their NFA letter

21
NFA/CEA Termination request

• Sampling results subsequent to the establishment
  of the CEA. Ground water monitoring data from the
  most appropriate wells on site as stated in the
  NFA letter unless those wells were closed.
• The potable usage of the facility or surrounding
  area identified
• Area streams and wetlands shown on a site plan
  submitted to NJDEP
• Duration of the CEA calculated and sent in with
  the application

22
Biennial Certification - N.J.A.C. 726E-8.6

• The current owner/operator responsible for
  monitoring the CEA is required to demonstrate
  that the institutional control remains effective
• Biennial report to the NJDEP on anniversary date
  of initiation of CEA

23
Biennial Certification Requirements

• Determine whether there are any planned or actual
  changes in ground water use
• Determine whether the actual or proposed changes
  in ground water use have or may influence the
  protectiveness of the remedial action

24
Biennial Certification Requirements

• Determine whether there is a need to reevaluate
  the fate and transport of the contamination
  plume, and to revise the CEA to ensure that the
  remedial action remains protective
• Identify any land use disturbance that could
  result in contaminated discharge to surface water

25
Prepare a biennial certification monitoring
report that includes

• A description of the physical characteristics of
  the site and current site operations
• Results of comparison of applicable laws,
  regulations
• Results of evaluation of changes in ground water
  use
• Maintenance and evaluation log for each
  monitoring well

26
Prepare a biennial certification monitoring
report that includes

• Description and map of proposed revised CEA, if
  necessary
• Description of any additional action taken to
  ensure protectiveness of remedial action
• Certification that CEA continues to provide
  notice of ground water contamination, and
  remedial action continues to be protective

27
CEA Biennial Certification Form

• The certification form is available on our
  website
• http//www.nj.gov/dep/srp/forms/cea/

28
Submit the biennial report to

• Each external agency that NJDEP copied when NJDEP
  established the CEA
• The owner of each property that NJDEP copied when
  NJDEP established the CEA
• Submit a 250 check with the application to NJDEP.