The New Jersey Department of Environmental Protection (NJDEP) has amended the Technical Requirements for Site Remediation (N.J.A.C. 7:26E) to require the performance of public notification and outreach beginning at the onset of the remedial investigation phase of a contaminated site.
Public Notice Helpful Hints
Possible public notice action items that may be required for your Site include:
- A posted sign at the Site which denotes that an environmental investigation is currently in progress.
- Notification letters sent to the property owners and school administrators located within 200 feet of the Site’s boundary.
- Submittal of an approved separate public notice plan to the DEP.
- A fact sheet distributed (and delivered via certified mail) to the owners of all property located within 200 feet of the Site boundary; published in a newspaper within the Site vicinity; and a copy provided to all case managers, DEP community relations, municipality, and health officials involved with the Site remediation. This fact sheet should be updated once the off-Site impacts have been delineated.
It should be noted that soil contamination notification requires only informing the affected adjacent property, and that historic fill is exempt from these notifications. Additionally, no municipal notification is required for remediation being conducted in association with unregulated underground storage tanks (such as heating oil tanks used for on-Site consumption in one-to-four unit family residences).
Amendments to N.J.A.C. 7:26E are published in the September 2, 2008 New Jersey Register. The rule adoption document is posted on the Department’s web page.
The NJDEP has prepared the following guidance documents to help remediation parties comply with the newly adopted amendments:
- Sensitive Population and Resource Checklist
- Guidance for completing the Sensitive Population and Resource Checklist
- Using i-MapNJ to Identify Sensitive Populations
The sensitive population and resource check requires that two weeks prior to remediation sensitive populations located within 200 feet of the Site boundary should be identified and recorded on the checklist linked above. The NJDEP identifies sensitive populations as: residences, potable wells, schools, child care, parks, surface water and well-head protection areas.