20 Aug 2008:
Information about NJDEP adopting Tech Rules amendments
From: NJDEP SRP Cleanup Star Program
To: Cleanup Stars Listserv
Date: Wed, Aug 20, 2008 5:15 PM
Subject: Information about NJDEP adopting Tech Rules amendments
The New Jersey Department of Environmental Protection is adopting amendments to the Technical Requirements for Site Remediation (N.J.A.C. 7:26E) to require the person responsible for conducting the remediation of a contaminated site to perform public notification and outreach beginning at the onset of the remedial investigation phase. Amendments to N.J.A.C. 7:26E - 1.4 and 1.11 will be published in the New Jersey Register on September 2, 2008, at which time they will become effective. Minor amendments are also being made to N.J.A.C. 7:26E - 3.7, 4.1, 5.1, 8.2. For sites where the remedial investigation or single phase remediation was initiated prior to September 2, 2008, the remediating party must come into compliance no later than September 2, 2009.
The rule adoption document will be posted on the Department's web page at www.state.nj.us/dep/srp/regs. A brief summary of the amendments follows:
- The amendments require the person conducting the remediation to identify sensitive populations and resources located within 200 feet of the site boundary.
- Notification requirements may be satisfied by posting a sign or sending notification letters to local officials and the public, including the owners and tenants of properties located within 200 feet of the site boundary.
- The Department will require additional public outreach when contamination migrates past the boundary of the site of the discharge, or when local citizens or officials demonstrate substantial public interest by submitting a petition or request to the Department.
- Additional public notice will be required when the person conducting the remediation proposes to bring contaminated material onto the site in excess of the amount that is needed to complete the remediation.
Please note that remediation projects involving leaking residential underground storage tanks and emergency response actions are specifically exempted from these notice requirements.
As with all the Technical Requirements for Site Remediation, a consultant or contractor who is hired to conduct remediation work at a site may carry out all of the notification requirements on the behalf of the person responsible for conducting the remediation.
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