njdep
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.

 

Previous Report IndexNext
  To report an environmental incident impacting NJ, call the Toll-Free 24-Hour Hotline
1-877-WARNDEP / 1-877-927-6337
 
     
   
nj home my new jersey nj people nj business nj government departments