Cleanup Guidelines Require
Early Well Testing,
Add Incentives for Brownfield Developers
Ground and Surface Water Standards Adopted for Remedial
(03/8) TRENTON - New Jersey Department
of Environmental Protection (DEP) Commissioner Bradley M.
Campbell today announced regulations to expedite testing
of drinking water wells at risk of contamination and to
help prospective purchasers of brownfield sites obtain and
redevelop these properties.
"When our communities health is threatened
and their drinking water is at risk of being contaminated,
we must act quickly to protect them," said Commissioner
Bradley M. Campbell. "With these new regulations, we
are improving protection of public health with early testing
of drinking water when private wells may be contaminated."
The new requirements are included in the
re-adoption and amendments of DEP's Technical Rules, which
were last updated in 1999. These rules establish the minimum
requirements for investigations and cleanup work at any
site in the state where a hazardous substance may have been
released. For the first time, the new rules formally adopt
cleanup standards for ground and surface waters. These rules
also expand the requirements for long-term monitoring of
restricted properties to prevent exposure to soil and ground
water contamination remaining at a site.
To better protect public health, DEP is
adding new requirements for more immediate testing of potentially
impacted drinking water wells when ground water contamination
is first detected. Previously, a lag time of six months
or more often occurred when ground water contamination was
first confirmed in an initial site investigation and when
a well search was required in a later, more expansive investigation.
"The revised rules, along with our
new brownfield initiatives, also will help developers and
community leaders make productive use of brownfield sites,"
added Campbell. "A key element of Governor McGreevey's
plan to combat sprawl and improve the quality of life in
our communities is to ensure that contaminated properties
are cleaned up and redeveloped as soon as possible."
To promote brownfield redevelopment, DEP
will permit non-liable developers to perform a well survey
and potable well sampling within 30 days after purchasing
a contaminated property, rather than requiring these activities
prior to purchase. This provision offers an effective balance
by letting brownfield developers get to closing while ensuring
the timely protection of public health.
The newly revised Technical Rules also
incorporate New Jersey's Ground Water Quality Standards
and Surface Water Quality Standards as the minimum remediation
standards for ground and surface water. A related provision
included in the amendments now requires that current ground
water use and the potential for human and environmental
exposure be considered when determining an appropriate remedial
action for ground water contamination.
In addition, DEP is requiring more complete
long-term monitoring and reporting when cleanup work is
finished, but contamination remains. In these cases, restrictions
such as institutional and engineering controls are implemented
to prevent any future exposure to the contamination. Institutional
controls may prohibit the installation of new wells or limit
construction activities. An example of an engineering control
is a landfill cap that contains and prevents the spread
or release of contaminants.
An advance copy of the Technical Requirements
for Site Remediation, also known as the Technical Rules,
can be found at DEP's web site at www.state.nj.us/dep/srp.
The regulations are scheduled to appear in the New Jersey
Register February 3, 2003.