NJ Releases Remedial Action Permit Guidance

In order to help the Licensed Site Remediation Professionals (LSRPs) determine when (or if) a Remedial Action Permit is required the NJDEP has released guidance in February 2010 specific to both soil and groundwater conditions. The guidance is not intended to supersede any rules or regulation.

  1. Soil Permit Procedures
    If, during the course of a site investigation, contamination in soil is found to exist above the NJ remediation standards, then the next step will be to remove the source material and determine the nature and extent of on-site and off-site contamination.The LSRP and remediation party would work together in order to determine the appropriate remedial actions that should be taken. If the remediating party and their LSRP decide to perform a limited restricted use remediation or a restricted use remediation, then they must employ engineering and/or institutional controls as a remedy for soil contamination and obtain a remedial action permit.

    When to apply for the permit:
    Any engineering controls and deed notices must already be in place before application for the soil remedial action permit occurs.

  2. Groundwater Permit Procedures
    If, during the course of a site investigation, contaminates are found to be exist in groundwater at levels above the NNJ Ground Water Quality standards, then identification and removal of the source material must occur, and a remedial investigation performed in order to determine the nature and extent of off-site contamination.The LSRP and remediation party would work together in order to determine the appropriate remedial actions that should be taken. The NJDEP encourages the establishment of a Classification Exception Area (CEA) as early as possible as the remediating party is required to submit the CEA information along with the Remedial Action Workplan (RAWP).

    When to apply for the permit:
    Towards the end of the remedial action, the ground water remedial action permit can be applied for if any of the following conditions are met:

    1. Ground Water Remedial Action Permit for Natural Attenuation:
      1. Eight (8) consecutive quarterly rounds of ground water samples need to be collected; and a decreasing trend in the contaminant levels established before any application is submitted to the Department.
      2. Source material needs to have been removed, treated or contained.
    2. Any other Ground Water Remedial Action Permit (including active ground water systems used to remove contaminant mass, maintain hydraulic control of ground water contaminants) requires that the remediating party:
      1. Design and construct the system;
      2. Obtain the necessary permits for the system (air permit, NJPDES, etc.);
      3. Demonstrate that the system is both functional and operational and meets the goals of the remediation (this process will typically take approximately one-year);
      4. Source material has been removed, treated or contained; and
      5. Calculate and establish financial assurance for the operation and maintenance of the system for the period that the system is operating.
  3. Financial Assurance for both Soil and Groundwater Engineering Controls
    Whenever an engineering control is used, the remediating party must establish financial assurance. This financial assurance must be in place before completing the permit application. In addition, the financial assurance must be in place for the duration that the engineering control is in place. If it is determined that the control will always be required, then this equates to a 30-year period of financial assurance.

For the most up to date and completed information regarding this new guidance, please visit the NJDEP’s SRRA page, and download the soil remedial action permit guidance and groundwater remedial action permit guidance.