N.J. Admin. Code § 7:14A-9.11 - Implementation of the Corrective Action Program

(a) Based on the schedule established under 7:14A-9.10(d) for initiation and completion of remedial activities, the owner/operator shall:

1. Establish and implement a corrective action ground water monitoring program that:

i. At a minimum, meets the requirements of an assessment monitoring program under 7:14A-9.8;

ii. Indicates the effectiveness of the corrective action remedy; and

iii. Demonstrates compliance with ground water protection standards pursuant to (e) below;

2. Implement the corrective action remedy selected under N.J.A.C. 7:14A-9.10; and

3. Take any interim measures necessary to ensure the protection of human health and the environment. Interim measures shall, to the greatest extent practicable, be consistent with the objectives of and contribute to the permanence of any remedy that may be required pursuant to N.J.A.C. 7:14A-9.10. The following factors shall be considered by an owner or operator in determining whether interim measures are necessary:

i. The time required to develop and implement a final remedy;

ii. The actual or potential exposure of nearby populations or environmental receptors to hazardous constituents;

iii. The actual or potential contamination of drinking water supplies or sensitive ecosystems;

iv. The further degradation of the ground water that may occur if remedial action is not initiated expeditiously;

v. Weather conditions that may cause hazardous constituents to migrate or be released;

vi. The risks of fire or explosion, or potential for exposure to hazardous constituents as a result of an accident or failure of a container or handling system; and

vii. Other situations that may pose threats to human health and the environment.

(b) An owner or operator may determine, based on information developed after implementation of the remedy has begun or other information, that compliance with 7:14A-9.10(b) is not being achieved through the remedy selected. In such a case, the owner or operator shall implement other methods or techniques that could practicably achieve compliance with the requirements, unless the owner or operator makes the determination under (c) below.

(c) If the owner or operator determines that compliance with 7:14A-9.10(b) cannot be practically achieved with any currently available methods, the owner or operator shall:

1. Obtain certification of a qualified ground water scientist or approval by the Department that compliance with 7:14A-9.10(b) cannot be practically achieved with any currently available methods;

2. Implement alternate measures to control exposure of humans or the environment to residual contamination, as necessary to protect human health and the environment;

3. Implement alternate measures for control of the sources of contamination, or for removal or decontamination of equipment, units, devices, or structures that are:

i. Technically practicable; and

ii. Consistent with the overall objective of the remedy; and

4. Notify the Department within 14 days that a report justifying the alternative measures prior to implementing such alternative measures has been placed in the records maintained by the facility.

(d) All solid wastes that are managed pursuant to a remedy required under N.J.A.C. 7:14A-9.10, or an interim measure required under (a)3 above, shall be managed in a manner that:

1. Is protective of human health and the environment; and

2. Complies with applicable RCRA requirements.

(e) Remedies selected pursuant to 7:14A-9.10 shall be considered complete when:

1. The owner or operator complies with the ground water protection standards established under 7:14A-9.8(h) at all points within the plume of contamination that lie beyond the ground water monitoring well system established pursuant to 7:14A-9.3(a);

2. Compliance with the ground water protection standards established under 7:14A-9.8(h) has been achieved by demonstrating that concentrations of 40 C.F.R. 258 Appendix II constituents have not exceeded the ground water protection standard(s) for a period of three consecutive years using the statistical procedures and performance standards in 7:14A-9.5(g) and (h). The Department will specify an alternative length of time during which the owner or operator shall demonstrate that concentrations of 40 C.F.R. 258 Appendix II constituents have not exceeded the ground water protection standard(s) taking into consideration:

i. Extent and concentration of the release(s);

ii. Behavior characteristics of the hazardous constituents in the ground water

iii. Accuracy of monitoring or modeling techniques, including any seasonal, meteorological, or other environmental variabilities that may affect the accuracy; and

iv. Characteristics of the ground water; and

3. All actions required to complete the remedy have been satisfied.

(f) Upon completion of the remedy, the owner or operator shall notify the Department within 14 days that a certification that the remedy has been completed in compliance with the requirements of 7:14A-9.11(e) has been placed in the records maintained by the facility. The certification shall be signed by the owner or operator and by a qualified ground water scientist or approved by the Department.

(g) When, upon completion of the certification, the owner or operator determines that the corrective action remedy has been completed in accordance with the requirements of (e) above, the owner or operator shall be released from the requirements for financial assurance for corrective action under 40 CFR 258.73.

Notes

N.J. Admin. Code § 7:14A-9.11