Remediation can be prompted by a number of circumstances. For example, the Department may compel a party to act by issuing an enforcement action, an ISRA trigger may occur, a childcare facility renewing its license may discover contamination, or a financial institution may require that a party obtain a no further action letter in order to provide funding for a transaction.
Regardless of what compels a party to conduct remediation, all parties who are responsible for conducting remediation must comply with N.J.A.C. 7:26E, the Technical Requirements for Site Remediation (“Tech Rule”) and the Procedures for Department Oversight of the Remediation of Contaminated Sites ("Oversight Rule"). In order to obtain a No Further Action Letter, remediation must comply with the Remediation Standards, N.J.A.C.7:26D. Additionally, other rules may apply depending upon whether the site is subject to the Underground Storage of Hazardous Substances Act or the Industrial Site Recovery Act, respectively N.J.A.C. 7:14B (“UST Rules”) and N.J.A.C. 7:26B (“ISRA Rules”). These rules can be found at http://www.nj.gov/dep/srp/regs/.
Noteworthy Enforcement Initiatives
Compliance Assistance Alert Letters to More Than 3,900 Responsible
Compliance Assistance Alert letters were sent to remind parties
responsible for remediating contaminated sites of their obligation
to submit specific required reports to DEP by March 1, 2012.
March 1, 2012 is the first "mandatory" remediation time frame established
by DEP under legislation known as the Site Remediation Reform Act
(SRRA). SRRA requires a remediating party to conduct key phases
of remediation in a timely manner to protect public heath and the
environment. This deadline applies to cases that began remediation
before March 1, 2010 and may include one or more of the following
submissions depending on the specific site:
- Initial Receptor Evaluation Form
This submission documents actions taken to evaluate the
potential for human and ecological exposure to contamination from
a site. Learn
- Light Non-Aqueous Phase Liquid (LNAPL) Remediation Reporting
Form and Report
This submission describes actions taken to define the extent and
initiate removal of substances like gasoline and fuel oil that
are floating on the ground water.
- Immediate Environmental Concern (IEC) Response Action
Form and Report
This submission describes actions taken to initiate the removal
of the source of contamination that caused an IEC condition (such
as contamination found in a drinking water well or contamination
that impacts indoor air quality).
- Preliminary Assessment/Site (PA/SI) Investigation Form
and Report -
For certain underground storage tank and industrial properties,
this submission describes whether the UST area or the site, is
or is not contaminated.
- Enforcement Initiative: Biennial Certification Requirements [pdf]