N.J. Admin. Code § 7:26E-4.10

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:26E-4.10 - Remedial investigation regulatory timeframes

(a) Except as provided in (d) and (f) below, or as lengthened under (b) and (c) below, the person responsible for conducting the remediation shall complete the remedial investigation and submit to the Department a remedial investigation report prepared pursuant to N.J.A.C. 7:26E-4.9by the earliest applicable regulatory timeframe as follows:

1. The person responsible for conducting the remediation who is remediating the industrial establishment pursuant to the Industrial Site Recovery Act, 13:1K-6 et seq., and the Industrial Site Recovery Act rules, N.J.A.C. 7:26B, shall complete the remedial investigation and submit a remedial investigation report as follows:

i. For the remediation of an industrial establishment with only soil contamination:

(1) By March 1, 2015, where the earliest applicable requirement to remediate pursuant to 7:26C-2.2 occurred between May 7, 1999 and March 1, 2010; or

(2) Within three years after the earliest applicable requirement to submit a preliminary assessment and site investigation report pursuant to 7:26E-3.14(b)1 where the earliest applicable requirement to remediate pursuant to 7:26C-2.2 occurred on or after March 2, 2010;

ii. For the remediation of an industrial establishment with contaminants in soil and/or any other medium:

(1) By March 1, 2017, where the earliest applicable requirement to remediate pursuant to 7:26C-2.2 occurred between May 7, 1999 and March 1, 2010; or

(2) Within five years after the earliest applicable requirement to submit a preliminary assessment and site investigation report pursuant to 7:26E-3.14(b)1 where the earliest applicable requirement to remediate pursuant to 7:26C-2.2 occurred on or after March 2, 2010; or

iii. As ordered by a court or the Department;

2. The person responsible for conducting the remediation who is remediating a discharge from the underground storage tank pursuant to the Underground Storage of Hazardous Substances Act, 58:10A-21 et seq., and Underground Storage Tank rules, N.J.A.C. 7:14B, shall complete the remedial investigation and submit a remedial investigation report as follows:

i. For the remediation of an UST discharge that only resulted in soil contamination:

(1) By March 1, 2015, where the earliest applicable requirement to remediate pursuant to 7:26C-2.2 occurred between May 7, 1999 and March 1, 2010; or

(2) Within three years after the earliest applicable requirement to submit a site investigation report pursuant to 7:26E-3.14(b)2 where the earliest requirement to remediate pursuant to 7:26C-2.2 occurred on or after March 2, 2010;

ii. For the remediation of an UST discharge with contaminants in soil and/or any other medium:

(1) By March 1, 2017, where the earliest applicable requirement to remediate pursuant to 7:26C-2.2 occurred between May 7, 1999 and March 1, 2010; or

(2) Within five years after the earliest applicable requirement to submit a site investigation report pursuant to 7:26E-3.14(b)2 where the earliest applicable requirement to remediate pursuant to 7:26C-2.2 occurred on or after March 2, 2010; or

iii. As ordered by a court or the Department; or

3. For all other contaminated sites not included in (a)1 and 2 above, the person responsible for conducting the remediation shall complete the remedial investigation and submit a remedial investigation report as follows:

i. For the remediation of a discharge that only resulted in soil contamination:

(1) By May 7, 2015, when the earliest requirement to remediate pursuant to 7:26C-2.2 occurred between May 7, 1999 and May 7, 2012; or

(2) Within three years after the earliest applicable requirement to remediate pursuant to 7:26C-2.2 when the earliest applicable requirement to remediate occurred on or after May 7, 2012;

ii. For the remediation of a discharge with contaminants in soil and/or any other medium:

(1) By May 7, 2017 when the earliest applicable requirement to remediate pursuant to 7:26C-2.2 occurred between May 7, 1999 and May 7, 2012; or

(2) Within five years after the earliest applicable requirement to remediate pursuant to 7:26C-2.2 when the earliest applicable requirement to remediate occurred on or after May 7, 2012; or

iii. As ordered by a court or the Department.

(b) The person responsible for conducting the remediation may lengthen the regulatory timeframe established pursuant to (a) above, based on the site conditions associated with the site undergoing remediation without prior Department approval as follows:

1. For each of the following complexity factor groups that exist at the contaminated site, the regulatory timeframe for completing the remedial investigation and submitting a remedial investigation report established pursuant to (a) above, may be lengthened by one year to a maximum of three years:

i. Access to real property, that is not owned or controlled by the person responsible for conducting the remediation, is required, or contamination has impacted an environmentally sensitive natural resource;

ii. Ground water contamination exists in a consolidated aquifer or a dense non-aqueous phase liquid exists in ground water; or

iii. Ground water contamination exists in more than one aquifer or there are two or more distinct ground water contaminant plumes; and

2. When the person responsible for conducting the remediation seeks a final remediation document for an entire site that is not required to be remediated pursuant to the Industrial Site Recovery Act, 13:1K-6 et seq., and the Industrial Site Recovery Act Rules, N.J.A.C. 7:26B, the regulatory timeframe for completing the remedial investigation and submitting a remedial investigation report that is listed at (a)2 and 3 above, may be lengthened by one year.

(c) If the person responsible for conducting the remediation lengthens the submittal date for the remedial investigation report pursuant to (b) above, the person responsible for conducting the remediation shall notify the Department at least 30 days prior to the submittal date for the remedial investigation report established pursuant to (a) above, using a form available on the Department's website at http://www.nj.gov/dep/srp/srra/forms. Information to be supplied by filling out the form includes:

1. Site identification information;

2. Reason to lengthen the timeframe;

3. The name of the responsible entity and a certification statement; and

4. The name of the licensed site remediation professional and a certification statement.

(d) Any person responsible for conducting remediation that is not subject to liability under N.J.S.A. 58:10-23.1 1g and is one of the following, is exempt from the regulatory timeframes outlined in (a) above:

1. A non-profit organization that meets the definition set forth at 26 U.S.C. § 501(c)3, unless that organization is established by or funded by another person that is subject to liability under N.J.S.A. 58:10-23.1 1g for that site; or

2. A governmental entity that is exempt from liability pursuant to N.J.S.A. 58:10-23.1 1g.d(4).

(e) The person responsible for conducting the remediation may request an extension of the applicable regulatory timeframe in (a) above, pursuant to the procedure outlined in the Administrative Requirements for the Remediation of Contaminated Sites, at 7:26C-3.2.

(f) The regulatory timeframes in this section do not apply to any discharge that was identified or should have been identified (for example, through a preliminary assessment or site investigation) prior to May 7, 1999, pursuant to N.J.A.C. 7:26C-3.3(a)

N.J. Admin. Code § 7:26E-4.10

Amended by 50 N.J.R. 1715(b), effective 8/6/2018