NJDEP Site Remediation Program - News

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Site Remediation News
November 1997 (Vol 9 No 3) - Article 01

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Technical Rule Clarification

In the implementation of N.J.A.C. 7:26E, the Technical Requirements for Site Remediation, the Site Remediation Program has received several inquiries concerning the word "conducted," as used in N.J.A.C. 7:26E-1.3(c)2.

The provision reads as follows: "Any work conducted after July 18, 1997 shall be in full compliance with this chapter, as readopted with amendments operative July 18, 1997, except that work conducted pursuant to workplans which were submitted to the Department prior to July 18, 1997 may be conducted pursuant to N.J.A.C. 7:26E as originally adopted, as long as work is conducted within six months of Department aproval of the workplan."

Does "conducted" mean completed or commenced? In general, "work conducted pursuant to workplans" means field work or activities that are completed with the six month time frame, specified above.

The intent of N.J.A.C. 7:26E-1.3(c)2 was to allow a reasonable "phase in" period for the new rules. Workplan activities can be broadly divided into two main categories, investigation/sampling activities and cleanup activities. If sampling is proposed in a remedial investigation workplan and was submitted before July 18, 1997, any such sampling that is completed within six months of Department approval of the workplan may be conducted using the old rules. Sampling completed after the six-month period must be conducted using the new rules. Note that a new workplan is not required in order to use the new rules.

The same approach applies for cleanup activities. For example, if work proposed in a remedial action workplan was excavation of contaminated soil, followed by post-excavation sampling, any excavation and sampling completed within six months of Department approval of the workplan may be conducted using the old rules, as long as the workplan was submitted before July 18, 1997. Note that a new workplan is not required in order to use the new rules.

Please also note that the six-month period applies only to workplans submitted to the Department prior to the operative date of the re-adopted Technical Requirements (July 18, 1997). Any workplan submitted to the Department after July 18, 1997, must comply with the re-adopted rules.

For your information, the Technical Requirements for Site Remediation, N.J.A.C. 7:26E, appeared in the May 19, 1997 New Jersey Register at 29 NJR 2278(b). Copies may be purchased through West Group an official licensed publisher of the New Jersey Register and the New Jersey Administrative Code by calling 1-800-808-9378.

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