Technical Requirements for Site Remediation

1
Technical Requirements for Site Remediation

• Backbone of New Jerseys
• Site Remediation Program

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How Rulemaking is Initiated

• NJ Legislature writes a bill
• Bill is passed by the Legislature and Assembly
• Bill is signed by the Governor
• Agency (DEP) does rulemaking

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Administrative Procedures Act

• Publish in the NJ Register
• Rule proposal
• Public comment period (30-60 Days)
• Response to comments
• Adoption (within 1 year of proposal)
• 5 Year expiration (sunset)

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Technical Rules History

• Applies to All Contaminated Sites
• 1992 First Proposal
• 1993 First Adoption
• 1997 Readoption w/Amendments
• 1999 Brownfield Act Amendments
• 2001 Proposed Readoption w/Amendments
• 2002 Adoption

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Who conducts remediations

• Person conducting remediation is
• Owner of a site
• Operator of a site
• Person responsible for the discharge
• Volunteer not in any way responsible (prospective
  purchaser, developer, local government)
• Department - Publicly funded remediations

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Remediation Milestones

• Preliminary Assessment
• Site Investigation
• Remedial Investigation
• Remedial Action Work Plan
• Remedial Action Report
• Monitoring of Engineering and Institutional
  Controls

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Preliminary Assessment (PA)

• Purpose Identify potentially contaminated areas
• Diligent Inquiry
• Site history
• All materials used/produced, waste generated
• Production processes
• Listed areas of concern (AOC)
• All federal, state, local environmental permits
• Site visit

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Site Investigation (SI)

• Purpose Sample all potentially contaminated
  areas identified
• Sampling biased to highest contamination
• Sample and laboratory methods
• Building interiors
• Soil
• Ground water
• Surface water and sediments

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Site Investigation

• Areas specific requirements Tanks, piping,
  impoundments, floor drains, etc.
• Natural soil background levels - Arsenic,
  Thallium
• Baseline Ecological Evaluation
• Contaminants
• Eco-receptor
• Pathway
• Historic contaminated fill material

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Site Investigation

• If ground water contamination is identified
  investigation is expedited
• Determine direction of flow
• Conduct well search
• Identify domestic wells in 1/2 mile
• Identify industrial/supply wells in 1 mile
• Contact Department
• Sample identified wells
• Expedite Remedial Investigation

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Remedial Investigation

• Purpose For each area of concern (AOC)
• Delineate vertical and horizontal extent of
  contamination
• Identify site characteristics
• Identify migration pathways
• Determine ecological impacts
• Containment/stabilization needed

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Remedial Action Work Plan

• Purpose Demonstrate the proposed remedial action
  is appropriate
• Description of remedy
• Remediation standards to be achieved
• If remedy will include an engineering or
  institutional control
• Plan for monitoring controls

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Remedial Action Work Plan

• Area by area remediation plan
• Specific area requirements -Tanks, piping,
  impoundments, floor drains, etc.
• Quality assurance plan
• Required permits
• Soil and sediment erosion control
• Health and safety plan
• Soil reuse plan

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Remedial Action Work Plan

• Design engineering controls
• Property owners written permission for deed
  notice
• Draft deed notice
• Provide data for ground water classification
  exception area (CEA)
• Cost estimate
• Schedule for progress report and completion

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Engineering Institutional Controls

• Property is owned by individuals or corporation
  (the soil)
• Residential soil standards
• Non-residential soil standards
• Engineering controls are used to reduce or
  eliminate exposure
• Fences, capping w/soil, clay, or other materials

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Engineering Institutional Controls

• Institutional controls - Deed notice
• Provides notice of site conditions and
  engineering controls
• Can limit access or type of land use
• Identifies person responsible for maintaining,
  monitoring, reporting

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Engineering Institutional Controls

• State holds the ground water in trust for New
  Jersey citizens
• Department designates ground water use
  classifications
• Ground water classification exception area
• Type of Institutional control
• Provides public notice
• For specific contaminants
• For a specified time frames

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Remedial Action Work Plan

• Post remedial action requirements
• Sampling
• Identify extent of soil contamination left above
  most stringent standards
• Confirm data supporting CEA

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Remedial Action Report

• Restore to pre-remediation conditions
• Seal monitoring wells
• Record deed notice
• No further action required
• Begin monitoring
• Maintain controls
• Report to Department every 2 years
• Remove CEA when standards are achieved