site remediation program
2001 Brownfields Update

SRP Publications Brownfields Reports 2001

Remedial Process

Key Site Reuse Questions for Municipal Officials and Developers:

What is the planned use or redevelopment goal for the site?

  • Residential
  • Commercial
  • Industrial
  • Mixed Use

What is the cleanup objective for the site?

  • Unrestricted
  • Limited Restricted (Institutional Controls)
  • Restricted (Institutional and Engineering Controls)
  • Full Site No Further Action
Photos form a brownfield site in VIneland City, NJ.

NJDEP site assessment staff survey a municipally- owned brownfield site in Vineland City. Locations are marked out where soil and ground water samples will be collected on site as part of a USEPA funded brownfield assessment. The samples will be analyzed for volatile organics, semivolatile organics, pesticides/ PCBs, metals and petroleum hydrocarbons. The testing provides local officials with data they need to quantify remedial costs associated with redeveloping the property for future reuse.

NJDEP Oversight Offices:

  • Bureau of Field Operations:
    Performs initial evaluations of MOAs. Through two field offices statewide, oversees remedial activities by private parties at sites under MOAs.

  • Responsible Party Case Element:
    Oversees MOAs and other cases with private parties at sites with more complex contamination problems. Loans and grants are processed through the Environmental Claims Administration

Primary State Remediation Statutes

  • Brownfield and Contaminated Site Remediation Act (NJSA 58:10B)

  • Industrial Site Recovery Act (NJSA 13:1K-6)

  • Spill Compensation and Control Act (NJSA 58:10-23.11)

  • Solid Waste Management Act (NJSA 13:1E)

  • Underground Storage of Hazardous Substances Act (NJSA 58:10A-22)

  • Water Pollution Control Act (NJAC 58:10A-1)

Primary State Remediation Regulations/Criteria

Basic Remedial Steps

  • Memorandum of Agreement (MOA):
    A written agreement between NJDEP and one or more persons concerning remedial activities planned for a site. It is not an enforcement document and does not require financial assurances or stipulated penalties.

  • Preliminary Assessment (PA):
    Identifies all potentially contaminated areas of concern (including historic) that will require a site investigation.

  • Site Investigation (SI):
    Determines if any contaminants are present above applicable remediation standards/ criteria or if no further action is justified for the areas of concern identified in the preliminary assessment.

  • Remedial Investigation (RI):
    Entails gathering data necessary to determine the nature and extent of problems at the site, establishing the remedial response criteria and identifying remedial action alternatives.

  • Remedial Action (RA):
    The physical action consistent with the selected remedy to correct a release or threatened release of a hazardous substance into the environment. The term, often referred to as a cleanup action or construction project, includes but is not limited to: confinement, dredging, neutralization, recycling, removal, reuse and storage or treatment of hazardous substances. Other actions include providing alternate water supplies.

  • Remedial Investigation/Action Workplan:
    A detailed schedule and explanation of all investigation or cleanup activities planned for a site.

  • No Further Action (NFA)/Covenant Not to Sue:
    A determination by NJDEP 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.

  • Classification Exception Area (CEA):
    This designation 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.

  • Deed Notice:
    Properties must be restricted when contamination will remain above the residential soil cleanup criteria. A notice 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.

  • Oversight Costs:
    Costs incurred and recovered by NJDEP for providing guidance and approval of privately conducted and funded remedial activities at contaminated sites.


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