N.J. Admin. Code § 7:14A-9.2 - Applicability
(a) The
requirements in this subchapter apply to all sanitary landfills, except as
provided at (c), (d) and (e) below.
(b) All sanitary landfills shall obtain a
NJPDES DGW permit to conduct ground water monitoring as specified in this
subchapter.
(c) Ground water
monitoring pursuant to
7:14A-9.3 through 9.8 will be
suspended for a municipal solid waste landfill (MSWLF) if the owner or operator
can demonstrate that there is no potential for migration of any hazardous
constituents from the MSWLF to the uppermost aquifer during the active life of
the unit and the post-closure care period. This demonstration shall be
certified by a qualified ground water scientist and approved by the Department
and shall be based upon:
1. Site specific
field collected measurements, sampling and analysis of physical, chemical, and
biological processes affecting the contaminant fate and transport;
and
2. Contaminant fate and
transport predictions that maximize contaminant migration and consider impacts
on human health and environment.
(d) For a sanitary landfill that is not a
MSWLF under 40 CFR Parts 257 and 258, the Department may waive the requirement
to sample for the complete list of Appendix A parameters when in detection
mode, and for the complete list of the 40 C.F.R. 258 Appendix II parameters
when in assessment or corrective monitoring mode. When the Department grants
such a waiver, based upon the known characteristics of the waste and leachate
quality, the contamination potential of the site, or historical permit
conditions, the Department shall provide an alternate list of parameters to be
monitored that are consistent with those factors. All sanitary landfills remain
subject to all other requirements of
7:14A-9.3 through 9.8.
(e) The Department shall exempt a sanitary
landfill from the requirement to obtain or maintain a NJPDES permit to conduct
ground water monitoring as required by this subchapter when a ground water
monitoring program equivalent to the provisions of this subchapter or 40 C.F.R.
258, whichever is more stringent, is being conducted pursuant to the
requirements of the Industrial Site Recovery Act (13:1K-6 et seq., as amended), the
Spill Compensation and Control Act (N.J.S.A. 58:10-23.1 1), or the Procedures
for Department Oversight of the Remediation of Contaminated Sites at N.J.A.C.
7:26C.
(f) For the purposes of this
subchapter, a "qualified ground water scientist" is a scientist or engineer who
has received a baccalaureate or post-graduate degree in the natural sciences or
engineering and has sufficient training and experience in ground water
hydrology as may be demonstrated by state registration, professional
certifications, or completion of accredited university programs that enable the
individual to make sound professional judgments regarding ground water
monitoring, containment fate transport, and corrective action.
Notes
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