N.J. Admin. Code § 7:26E-4.8

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

Section 7:26E-4.8 - Remedial investigation of ecological receptors

(a) The person responsible for conducting the remediation shall conduct a remedial investigation of ecological receptors by determining if a contaminant migration pathway exists from the site or area of concern to the environmentally sensitive natural resource.

(b) If a contaminant migration pathway has been identified pursuant to (a) above, the person responsible for conducting the remediation shall determine if contaminant concentrations in the contaminant migration pathway or environmentally sensitive natural resource exceed any ecological screening criterion or any aquatic surface water quality standard.

(c) If contaminant concentrations in the contaminant migration pathway or environmentally sensitive natural resource exceed any ecological screening criterion or any aquatic surface water quality standard, then the person responsible for conducting the remediation shall:

1. Delineate the horizontal and vertical extent of the contaminant concentrations in the contaminant migration pathway or environmentally sensitive natural resource to any applicable ecological screening criterion and aquatic surface water quality standard; and

2. Conduct an ecological risk assessment for each contaminant of ecological concern to determine:

i. The past, current and future impacts of the contamination on ecological receptors;

ii. The ecological risk-based remediation goals; and

iii. The risk management strategies to be implemented; and

3. Not implement any remedial action without the Department's prior written approval of the final remediation goal if the final remediation goal is something other than the ecological screening criterion.

(d) If a contaminant migration pathway is not identified or if contaminant concentrations in the contaminant migration pathway or environmentally sensitive natural resource do not exceed any ecological screening criterion or any aquatic surface water quality standard, no further ecological evaluation is required pursuant to this section.

N.J. Admin. Code § 7:26E-4.8