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The following words and terms, when used in this chapter, shall have the following meanings unless context clearly indicates otherwise: "Acid extractable organic compounds" means semivolatile compounds amenable to analysis by extraction of the sample with a pH acidic organic solvent. For the purposes of this chapter, analysis of acid extractable organic compounds means the analysis of a sample for either:
"Applicable remediation standard" means the numeric standard to which contaminants must be remediated for soil, ground water or surface water, or other environmental media, as provided by the Department pursuant to rule, including without limitation the Ground Water Quality Standards, N.J.A.C. 7:9-6, and Surface Water Quality Standards, N.J.A.C. 7:9-4, or as determined by the Department on a case by case basis. "Area of concern" means any existing or former location where hazardous substances, hazardous wastes, hazardous constituents or pollutants are or were known or suspected to have been discharged, generated, manufactured, refined, transported, stored, handled, treated, disposed, or where hazardous substances, hazardous wastes, hazardous constituents or pollutants have or may have migrated, including, but not limited to, all current and former:
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"Base neutral organic compound" means semivolatile compounds amenable to analysis by extraction of the sample with a pH neutral and a pH basic organic solvent. For the purposes of this chapter, analysis of base neutral organic compounds means the analysis of a sample for either:
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"Classification Exception Area (CEA)" means a designation that must be established as part of an approved remedy whenever standards applicable to ground water in a specific area, which vary throughout the state, are not or will not be met for the term of the remediation. The intent of a CEA is to ensure that the uses of a designated aquifer in a specific area are restricted until standards are achieved.
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"CERCLA" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.).
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"Commissioner" means the Commissioner of the Department of Environmental Protection or his/her authorized representative.
;"Containment" or "containment activities" means actions to limit or prevent discharges or the spread of contamination. "Contaminant" means any hazardous substance, hazardous constituent, hazardous waste or pollutant discharged by a person. "Contaminated site" means all portions of environmental media at a site that contain one or more contaminants at a concentration which fails to satisfy any applicable remediation standard, and includes all contamination at an individual establishment, facility or other site, and all contamination which is emanating, or has emanated, therefrom. "Contract laboratory program" or "CLP" means a program of chemical analytical services developed by the EPA to support CERCLA.
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"Declaration of Environmental Restriction (DER)" means that properties must be restricted when contamination will remain above the residential soil cleanup criteria. A DER requires a property owner's concurrence and documents the location and concentration of all contaminants and how they must be controlled or maintained and monitored, if applicable.
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"DeMinimus Quantity Exemption" means that an industrial establishment is allowed to to transfer or close operations without conducting a remediation pursuant to ISRA under specific conditions. The required DeMinimus quantity conditions exist if the total quantity of hazardous substances and hazardous wastes generated, manufactured, refined, transported, treated, stored, handled or disposed of at the industrial establishment at any one time during the owner's or operator's period of ownership or operations:
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"Department" means the New Jersey Department of Environmental Protection.
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"Department certified laboratory" means a laboratory that is currently certified pursuant to N.J.A.C. 7:18, the Regulations Governing Laboratory Certification and Standards of Performance, to perform laboratory analyses for a specific certification category and a specific parameter within the certification categories.
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"Discharge" means any intentional or unintentional act or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of a hazardous substance, hazardous constituent, hazardous waste or pollutant into the waters or onto the lands of the State, or into waters outside the jurisdiction of the State when damage may result to the lands, waters, or natural resources within the jurisdiction of the State.
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"ECRA" means the Environmental Cleanup Responsibility Act, N.J.S.A. 13:1K-6 et seq. See also ISRA.
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"Environmental medium" means any component such as soil, air, sediment, structures, ground water or surface water.
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"EPA" means the United States Environmental Protection Agency.
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"Fill material" means any material not indigenous to the site or area of concern including, but not limited to, non-homogeneous, unconsolidated material such as demolition debris, dredge spoils, or ash by-products of fossil fuels, which has been used as fill or as cover.
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"Free product" means a separate phase material present in concentrations greater than a contaminant's residual saturation point.
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"Full laboratory data deliverables" means those deliverables identified as follows:
"Ground water" means the portion of the water beneath the land surface that is within the zone of saturation where all pore spaces of the geologic formation are filled with water.
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"Hazardous constituent" means any substance defined as such pursuant to the Hazardous Waste Regulations, N.J.A.C. 7:26-8.16.
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"Hazardous substance" means any substance defined as such pursuant to the Discharges of Petroleum and Other Hazardous Substances Regulations, N.J.A.C. 7:1E.
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"Hazardous waste" means any solid waste as defined in the Solid Waste Regulations, N.J.A.C. 7:26-1.4, that is further defined as a hazardous waste pursuant to the Hazardous Waste Regulations, N.J.A.C. 7:26-8.
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"Highly permeable soils" means soils having less than 15 percent silts and/or clays. Soils may be classified in the field using a standard system texture analysis.
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"Impermeable" means a layer of natural and/or man-made material of sufficient thickness, density and composition so as to have a maximum permeability for water of 10-7 cm/sec at the maximum anticipated hydrostatic pressure.
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"Innovative and emerging treatment technologies" means any developed technology for which performance information is limited or incomplete (innovative) or a technology in an early stage of development for which there is sufficient data to validate its basic concepts (emerging). An innovative treatment technology may have been successfully used at a limited number of contaminated sites but generally requires more extensive field testing and evaluation before it is considered a proven and readily available technology. An emerging treatment technology may have been successfully applied at a bench top or pilot scale level but has not yet been demonstrated to be effective at a full scale level.
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"ISRA" refers to the Industrial Site Recovery Act. Senate Bill No. 1070 was introduced on July 23, 1992 and represented the Legislature's efforts to reform the process by which contaminated sites are remediated. On July 16, 1993, Senate Bill No. 1070 was signed into law as P.L. 1993, c.139. Sections 1 through 22 of P.L. 1993,c.139, supplement and amend the Environmental Cleanup Responsibility Act (ECRA), including renaming the law to ISRA. Additional provisions of P.L. 1993, c.139 established the Hazardous Discharge Remediation Act, N.J.S.A. 58:10B-1 et seq. and amended the Spill Compensation and Control Act , N.J.S.A. 58:10-23.11, et seq.
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"Landfill" means a sanitary landfill as defined pursuant to N.J.S.A. 13:1E-1 et seq.
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"Method detection limit" or "MDL" means the minimum concentration of a substance that can be measured and reported with a 99 percent confidence that the analyte concentration is greater than zero and is determined from the analysis of a sample in a given matrix containing the analyte.
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"Natural resources" means all land, biota, fish, shellfish, and other wildlife, air, waters and other such resources.
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"No further action (NFA)" means that a determination has been made by the DEP that, based upon evaluation of the historical uses and/or investigation of a site or subsite, there are no contaminants present, or that any discharged contaminants that were present at the site or subsite have been remediated in accordance with applicable regulations.
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"Non-targeted compound" means a compound detected in a sample using a specific analytical method that is not a targeted compound, a surrogate compound, a system monitoring compound or an internal standard compound.
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"Permanent remedy" means a remedy resulting in chemical or biochemical transformation of the contaminant from a concentration that is above the then-applicable residential remediation standard to a concentration that is below the then-applicable residential remediation standard, such that no further action is required to ensure the contaminant remains at a concentration that is below the then-applicable residential remediation standard, or a remedy that allows the contaminant to be reused as a product. Permanent remedies for organic contaminants include, without limitation, thermal destruction, biotransformation, chemical oxidation, or vitrification. Permanent remedies are currently considered unavailable for metallic contaminants except where metal-contaminated media can be reprocessed or reused. If the applicable remediation standards are amended, however, additional remediation may be necessary in order for a previously implemented "permanent remedy" to meet the amended remediation standard.
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"Person" means any individual or entity, including without limitation, a public or private corporation, company, estate, association, society, firm, partnership, joint stock company, foreign individual, or entity, interstate agency or authority, the United States, and any of its political subdivisions, the State of New Jersey, or any of the political subdivisions of or found within the State of New Jersey, or any of the other meanings which apply to the common understanding of the term.
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"Person responsible for conducting the remediation" includes any person who executes or is otherwise subject to an oversight document, and any person who is performing the remediation or has control over the person (for example, contractor or consultant) who is performing the remediation, including, without limitation, an owner or operator who is subject to either ECRA or UST.
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"Pollutant" means any substance defined as such pursuant to the Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.
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"Practical quantitation level" or "PQL" means the lowest quantitation level of a given analyte that can be reliably achieved among laboratories within the specified limits of precision and accuracy of a given analytical method during routine laboratory operating conditions.
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"Preliminary assessment" means the initial search and evaluation of existing site specific operational and environmental information to determine if further investigation concerning the documented, alleged, suspected or potential discharge of any contaminant is required by the Department. The preliminary assessment is the first phase in the process of determining whether contaminants are present at a site.
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"Priority pollutant plus 40" or "PP+40" means the priority pollutant list of 126 compounds and elements developed by the EPA pursuant to Section 307(a)(1) of the Clean Water Act and 40 non-targeted organic compounds detected by gas chromatography/mass spectroscopy (GC/MS) analysis. For the purposes of this chapter, a PP+40 scan means the analysis of a sample for all priority pollutants except asbestos and 2,3,7,8-tetrachloro-dibenzo-p-dioxin, and up to 15 non-targeted volatile organic compounds and up to 25 non-targeted semivolatile organic compounds as analyzed using GC/MS analytical methods. Non-targeted compound criteria shall be used pursuant to the version of the EPA "Contract Laboratory Program Statement of Work for Organic Analysis, Multi-media, Multi-concentration" in effect as of the date which the laboratory is performing the analysis.
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"Quality assurance" means the total integrated program for assuring the reliability of monitoring and measurement data which includes a system for integrating the quality planning, quality assessment and quality improvement efforts to meet data end-use requirements.
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"Quality assurance project plan" means a document which presents in specific terms the policies, organization, objectives, functional activities and specific quality assurance/quality control activities designed to achieve the data quality goals or objectives of a specific project or operation.
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"Quality control" means the routine application of procedures for attaining prescribed standards of performance in the monitoring and measurement process.
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"Receptor" means any human or other ecological component which is or may be affected by a contaminant from a contaminated site.
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"Reduced laboratory data deliverables" means, for both EPA/Contract Laboratory Program and non-EPA/Contract Laboratory Program analyses, the laboratory data deliverables listed in Appendix A, Sections III and IV.
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"Remedial action" means those actions taken at a contaminated site as may be specified in a decision document, record of decision or other document the Department determines appropriate. The term includes, but is not limited to, such actions at the location of a contaminated site as compliance with the applicable remediation standards, storage, confinement, perimeter protection using dikes, trenches, or ditches, clay or other covers, neutralization, cleanup of discharged contaminants and associated contaminated materials, ground water pumping and treatment, recycling or reuse, diversion, destruction, segregation of wastes, dredging or excavations, repair or replacement of leaking containers, collection of leachate and runoff, treatment, off-site transport and off-site storage, treatment, destruction, or secure disposition of contaminants and associated contaminated materials, or any monitoring required to assure that such actions protect human health or the environment. The term includes the temporary or permanent relocation of residents and businesses and community facilities where the Department determines that, alone or in combination with other measures, such relocation is more cost-effective than, and environmentally preferable to, the transportation, storage, treatment, destruction, or secure disposition off-site of such contaminants, or may otherwise be necessary to protect human health and the environment. The term includes the restoration of natural resources.
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"Remedial alternative analysis" means a study to develop and evaluate options for remedial action. The remedial alternative analysis emphasizes data analysis and is generally performed concurrently and in an interactive fashion with the remedial investigation. The remedial alternative analysis process uses data gathered during the remedial investigation to develop conceptual remedial action alternatives based on the characterization of the nature and extent of contamination. The remedial investigation data are used to define the objectives of the remedial action and to develop remedial action alternatives. Next, an initial screening of these alternatives is conducted to reduce the number of alternatives to a workable number. Finally, the remedial alternative analysis involves an analysis of engineering, scientific, institutional, human health, environmental and cost factors of a limited number of alternatives which remain after the initial screening stage.
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"Remedial investigation" are actions to investigate contamination and the problems presented by a discharge. The remedial investigation emphasizes data collection and site characterization, and is generally performed concurrently and in an interactive fashion with the remedial alternative analysis. The remedial investigation includes sampling and monitoring, as necessary, and includes the gathering of sufficient information, to determine the necessity for remedial action and to support the evaluation of remediation alternatives.
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"Remedial phase" means a distinct component of the remediation process. Such components may include preliminary assessment, site investigation, remedial investigation, remedial alternative analysis, and remedial action.
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"Remediation" means all necessary actions to investigate and cleanup any known or suspected discharge or threatened discharge of contaminants, including, without limitation, preliminary assessment, site investigations, remedial investigations, remedial alternative analyses, and remedial actions.
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"Semivolatile organic compounds" means compounds amenable to analysis by extraction of the sample with an organic solvent. For the purposes of this chapter, analysis of semivolatile organic compounds means the analysis of a sample for either:
"Site investigation" means the collection and evaluation of data necessary to determine whether or not contaminants exist at the site which fail to satisfy the applicable remediation standard.
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"Soil" means the unconsolidated mineral and organic matter on the surface of the earth that has been subjected to and influenced by geologic and other environmental factors.
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"Spill Act" means the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11a et seq.
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"Surface water" means water defined as surface water pursuant to the Surface Water Quality Regulations, N.J.A.C. 7:9-4.
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"SWMA" means the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq.
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"Tank" means a stationary device designed to contain an accumulation of hazardous substances, hazardous constituents, hazardous wastes, or pollutants which is constructed of non-earthen materials (for example, concrete, steel, plastic) that provide structural support.
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"Target analyte list" or "TAL" means the list of inorganic compounds/elements designated for analysis as contained in the version of the EPA Contract Laboratory Program Statement of Work for Inorganics Analysis, Multi-Media, Multi-Concentration in effect as of the date on which the laboratory is performing the analysis. For the purpose of this .chapter, a Target Analyte List scan means the analysis of a sample for Target Analyte List compounds/elements.
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"Targeted compound" means a hazardous substance, hazardous waste, hazardous constituent or pollutant for which a specific analytical method is designed to detect that potential contaminant both qualitatively and quantitatively.
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"Target compound list plus 30" or "TCL+30" means the list of organic compounds designated for analysis (TCL) as contained in the version of the EPA "Contract Laboratory Program Statement of Work for Organics Analysis, Multi-Media, Multi-Concentration" in effect as of the date on which the laboratory is performing the analysis, and up to 30 non-targeted organic compounds (plus 30) as detected by gas chromatography/mass spectroscopy (GC/MS) analysis. For the purposes of this chapter, a Target Compound List+30 scan means the analysis of a sample for Target Compound List compounds and up to 10 non-targeted volatile organic compounds and up to 20 non-targeted semivolatile organic organic compounds using GC/MS analytical methods. Non-targeted compound criteria shall be pursuant to the version of the EPA "Contract Laboratory Program Statement of Work for Organics Analysis, Multi-Media, Multi-Concentration" in effect as of the date on which the laboratory is performing the analysis.
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"Tentatively identified compound" or "TIC" means a non-targeted compound detected in a sample using a GC/MS analytical method which has been tentatively identified using a mass spectral library search. An estimated concentration of the TIC is also determined.
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"Unknown compound" means a non-targeted compound which cannot be tentatively identified. Based on the analytical method used, the estimated concentration of the unknown compound may or may not be determined.
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"Underground storage tank" means any one or combination of tanks, including appurtenant pipes, lines, fixtures, and other related equipment, used to contain an accumulation of hazardous substances, hazardous constituents, hazardous wastes or pollutants, the volume of which, including the volume of the appurtenant pipes, lines, fixtures and other related equipment, is ten percent or more beneath the surface of the ground.
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"UST" means the New Jersey Underground Storage of Hazardous Substances Act, N.J.S.A. 58:10A-21 et seq.
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"Volatile organics" means organic compounds amenable to analysis by the purge and trap technique. For the purposes of this chapter, analysis of volatile organics means the analysis of a sample for either those priority pollutants listed as amenable for analysis using EPA method 624 or those target compounds identified as volatiles in the version of the EPA "Contract Laboratory Program Statement of Work for Organics Analysis, Multi-Media, Multi-Concentration" in effect as of the date on which the laboratory is performing the analysis.
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"Waters" means the ocean and its estuaries to the seaward limit of the State's jurisdiction, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of this State.
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"Wetland" means any freshwater or coastal wetland.
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"WPCA" means the Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.
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