Technical Requirements for Site Remediation

In New Jersey, a contaminated site undergoing cleanup is subject to the following requirements under N.J.A.C. 7:26E:

  • Proper maintenance of engineering and institutional controls,
  • Periodic compliance monitoring, and
  • Submittal of biennial certification monitoring reports

Biennial Certification Monitor

The party responsible for conducting the remediation and who is subject to a Remedial Action Permit must certify the continued protectiveness of a remedial action. This certification report is due every two years, along with a $375 review fee. Failure to submit a Biennial Certification could result in a $15,000 fine.

NJDEP Data Miner

The NJDEP maintains a publicly available database that tracks sites out of compliance with their Site Remediation Program regulations. A listing of outstanding Biennial Certifications can be found here. A recent review of this listing identified 988 facilities that are late and at risk of receiving a notice of violation from NJDEP.

CMI’s Related Services:

CMI can prepare and submit the NJDEP Biennial Certification on behalf of the site owner.

Remedial Action Permits may also require periodic groundwater sampling, inspection of engineering controls and an update of groundwater use in the site’s vicinity. To comply with this requirement, CMI’s Licensed Site Remediation Professional (LSRP) can certify and submit the required information.

Contact jconnor@complianceplace.com for assistance.

Case Studies

A chemical manufacturing facility in Middlesex County has a Groundwater Remedial Action Permit for monitored natural attenuation that does not require periodic groundwater sampling. CMI inspected the condition of the groundwater monitoring wells, updated the well search for the site and prepared the Biennial Certification. CMI’s LSRP certified the Biennial Certification for submittal to NJDEP.

CMI was retained to certify the Biennial Certification for a former bulk petroleum storage facility in Pinelands National Reserve. The site has undergone extensive investigation and remediation following a catastrophic release of 8,000-gallons of unleaded gasoline in 1988. CMI’s LSRP recently issued an unrestricted Response Action Outcome for soil and obtained a Groundwater Remedial Action Permit.

A gas station was redeveloped as part of a large retail shopping center. As a result, impacted groundwater exists under the asphalt parking lot. CMI completed the soil and groundwater remedial investigation and CMI’s LSRP issued an unrestricted use Response Action Outcome for soil and is in the process of preparing a Groundwater Remedial Action Permit Application for monitored natural attenuation.

 

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