N.J. Admin. Code § 7:7A-7.4

Current through Register Vol. 56, No. 18, September 16, 2024

Section 7:7A-7.4 - General permit 4- Hazardous site investigation and cleanup

(a) General permit 4 authorizes activities in freshwater wetlands, transition areas, and State open waters that are undertaken by the Department or by a licensed site remediation professional pursuant to the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C, for the investigation, cleanup, removal, or remediation of hazardous substances as defined by or pursuant to the Department's rules governing hazardous substances at N.J.A.C. 7:1E, Appendix A or pollutants as defined by or pursuant to the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A, provided all applicable requirements at N.J.A.C. 7:7A-5.7 and 20.3 are met and:

1. The applicant demonstrates, or provides a certification from a licensed site remediation professional pursuant to the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C, that the area of freshwater wetlands, State open waters, and/or transition areas disturbed is the minimum necessary for compliance with the Technical Requirements for Site Remediation, N.J.A.C. 7:26E, and the Administrative Requirements for the Remediation of Contaminated Sites rules, N.J.A.C. 7:26C. This demonstration or certification shall include:

i. An exploration of all feasible alternative remediation methods acceptable under N.J.A.C. 7:26E and 7:26C; and

ii. The identification of any remediation methods that would result in less area of freshwater wetlands, State open waters, and transition areas disturbance with an explanation for why these remediation methods were not chosen; and

2. The applicant provides mitigation, in accordance with N.J.A.C. 7:7A-11, for the total area of freshwater wetlands and/or State open waters disturbed, except that mitigation is not required to compensate for disturbance of wetlands or State open waters that have formed as a direct result of the remediation activities.

(b) The mitigation proposal required under (a)2 above may be incorporated into the document approved pursuant to the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C, and/or it may be submitted as part of the general permit application. The Department shall not issue an authorization under general permit 4 until the mitigation proposal, or an equivalent document that ensures that the requirements of N.J.A.C. 7:7A-11 are met, is approved.

N.J. Admin. Code § 7:7A-7.4

Amended and recodified from 7:7A-5.4 by 49 N.J.R. 3849(a), effective 12/18/2017