Phase In Period Guidance for Use of Remdiation Standards, N.J.A.C. 7:26D
Version 1.1, 10 May 2010

On June 2, 2008, the Department adopted new Remediation Standards rules at N.J.A.C. 7:26D. Also on June 2, 2008, the Department concurrently amended the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-1.3(d).  N.J.A.C. 7:26E-1.3(d) was subsequently recodified as N.J.A.C. 7:26E-1.3(c) as part of the November 4, 2009 specially adopted rules.  The following citations are based on the November 4, 2009 version of N.J.A.C. 7:26E.

N.J.A.C. 7:26E-1.3(c) was amended to reference the new remediation standards rules and require that site-specific impact to ground water standards be developed pursuant to the Brownfield Act.

• N.J.A.C. 7:26E-1.3(c)1 establishes that the person responsible for conducting the remediation must remediate a site:
1. To the remediation standards at N.J.A.C. 7:26D and the impact to ground water soil remediation standards developed on a site-by-site basis pursuant to N.J.S.A. 58:10B-12a; or
2. To the Soil Cleanup Criteria (SCC) that were in effect prior to June 2, 2008 when:
1. The remediating party has submitted a remedial action workplan or a remedial action report before December 2, 2008 that establish the SCCs as the standards for the site;
2. The remedial action workplan or a remedial action report is in compliance with the Technical Rules, N.J.A.C. 7:26E-6; and
3. The SCC for the site are not greater by an order of magnitude or more, than the soil remediation standards adopted by N.J.A.C. 7:26D.
• The Soil Cleanup Criteria (SCC) that were in effect prior to June 2, 2008 are provided at http://www.nj.gov/dep/srp/guidance/scc/ .
• A remedial action workplan (RAWP) or a remedial action report (RAR) will be considered in compliance with the Technical Rules, N.J.A.C. 7:26E-6 when the Department has reviewed the report and has:
1. Approved the RAWP or RAR; or
2. Issued a Notice of Deficiency (NOD) and the remediating party rectifies all deficiencies to the Department’s satisfaction within the timeframe specified by the Department; and
3. The remedial action is conducted within the timeframe specified in the RAWP.
• A remedial action workplan (RAWP) or a remedial action report (RAR) will not be considered in compliance with the Technical Rules, N.J.A.C. 7:26E-6 when the Department has reviewed the report and has issued a Notice of Violation (NOV) to the remediating party. Under this situation, the remediating party must remediate the site to the remediation standards at N.J.A.C. 7:26D and the impact to ground water soil remediation standards developed on a site-by-site basis pursuant to N.J.S.A. 58:10B-12a.

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