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Biennial Certification Form Guidance & Instructions

New Jersey Department of Environmental Protection

Guidance for the Preparation of a Biennial Certification Monitoring Report for a Ground Water Classification Area (CEA)*

* Please note for clarification purposes Classification Exception Area shall be referred to as CEA for the remainder of the document.

The purpose of this guidance is to facilitate compliance with the continuing obligations that certain persons have (i.e., “persons responsible”, see below) concerning engineering and institutional controls that are part of a cleanup of a contaminated site. The Technical Requirements for Site Remediation (see, N.J.A.C. 7:26E-8.4) require the persons responsible to maintain the engineering and institutional controls that are part of a remedial action for a contaminated site to: (1) maintain those controls, (2) perform periodic monitoring for compliance, and (3) submit biennial certifications to the Department that the engineering and institutional controls are being properly maintained and continue to be protective of public health and safety and of the environment. The benefits of the Department’s Covenant Not to Sue, for a site, may not be maintained if these biennial certifications are not made. These biennial certifications must also state the underlying facts and include the results of any tests or procedures performed to support the certification.

Please note below the regulations applicable to all sites utilizing engineering and institutional controls. Copies of these regulations may be obtained by contacting the:

New Jersey Office of Administrative Law Publications
P.O. Box 049
Trenton, New Jersey 08625
Telephone # (609) 588-6606

Or by logging onto our web site at:
www.state.nj.us/dep/srp

Please refer to the complete regulations for specific requirements and /or revisions. A list of the applicable regulations is included in Attachment 1: Comparison of Applicable Laws and Regulations. Following is a condensed list of definitions and requirements:

Monitoring Report for the Biennial Certification
Pursuant to N.J.A.C. 7:26E-8.4(c), the biennial certification is due every two years on the anniversary of the date that the Department established the ground water CEA’s. The information required for the biennial certification shall be accompanied by the certifications required in N.J.A.C. 7:26C-1.2 (a) 1. Checklists (as follows) have been prepared to assist in the preparation of the biennial certifications. Please be advised the biennial certification requirement applies to all CEA’s that have not otherwise been removed by the Department based upon sampling, pursuant to N.J.A.C.E-8.6 (a) 7, demonstrating that the Ground Water Quality Standards have been met,

Include with the written monitoring report for the biennial certification an electronic copy of the report and certification in a read only format acceptable to the Department.

Review Fee
Each monitoring report for the biennial certification shall be submitted with a $375 review fee pursuant to N.J.A.C. 7:26C-9.2(a) 4. The check or money order shall be made out to
“Treasurer – State of New Jersey”.

Submission of Sampling Data
Please note that a Memorandum of Agreement, pursuant to N.J.A.C. 7:26C shall accompany any sampling data associated with a previously closed case. The data shall be submitted in an electronic format pursuant to N.J.A.C. 7:26E. Also, the certification and any additional information shall be submitted in an electronic copy (for acceptable formats see www.state.nj.us/dep/srp ).

Person Responsible

The persons responsible for monitoring the protectiveness of a remedial action that includes an engineering and/or institutional control and for submitting the biennial certifications pursuant to this subchapter include, without limitation, each of the following:

  1. Any person with a legal obligation to conduct the remediation, including, without limitation, each of the following:

    1. A person in any way responsible, pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11a et seq., for the hazardous substance that was the subject of the remedial action that includes the engineering and/or institutional control;
    2. The owner of the site of the discharge at the time of the remedial action that includes the engineering and/or institutional control;
    3. An owner or operator that triggered the Industrial Site Recovery Act, N.J.S.A. 13:1K-6 et seq., for the industrial establishment that was the subject of the remedial action that includes the engineering and/or institutional control;
    4. An owner or operator of an underground storage tank that was the subject of the remedial action that includes the engineering and/or institutional control;
    5. A holder of a security interest in the site, who actively participated in the management of the site or underground storage tank facility, that was the subject of the remedial action that includes the engineering and/or institutional control; or
    6. A holder of a security interest in the site, who negligently caused a new discharge at the site after the date of foreclosure on a security interest in the site or the underground storage tank facility, that was the subject of the remedial action that includes the engineering and/or institutional control.

    The Biennial Certification Monitoring Report Form for a Ground Water CEA shall be Submitted to the case manager of record. Please deliver to the following address care of the appropriate case manager:

    Department of Environmental Protection
    Division of Remediation Management and Response
    Bureau of Operation, Maintenance, and Monitoring
    Classified Exception Area Inspection Program
    P.O. Box 413
    401 E. State Street
    Trenton, NJ 08625-0413

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