The NJDEP recently promulgated the Notification and Public Outreach Rule (Public Notice Rule) as a modification to the New Jersey Administrative Code (N.J.A.C.) 7:26E – the Technical Requirements for Site Remediation (Section 1.4). It was published in the NJ Register on September 2, 2008. The new Public Notice Rule is intended to provide enhanced notification and dissemination of information regarding remedial investigation/actions at contaminated sites to surrounding property owners/operators and public officials.
For Remedial Investigation or Single Phase Remedial Action Projects that began prior to September 2, 2008 the public notification requirements must be met no later than September 2, 2009 (i.e. a one year phase-in period). All other projects must be in compliance with the new Public Notice Rule at the onset of the Remedial Investigation or Single Phase Remedial Action as of September 2, 2008 (i.e. effective immediately).
A courtesy copy of the rule adoption package can be found on the NJDEP Website at the following link:
http://www.nj.gov/dep/rules/adoptions/adopt_080902a.pdf
A copy of the Technical Requirements for Site Remediation can be found at the following link:
http://www.state.nj.us/dep/srp/regs/techrule/
The Public Notice Rule requires that specific public notification activities be conducted during the remedial investigation and remedial action phases at a contaminated site in New Jersey. Certain exemptions exist for emergency response actions and residential heating oil spill sites.
The following triggers/time frames for notice are stipulated in the Public Notice Rule.
Immediately after a Discharge is Identified
- Consistent with prior requirements, the NJDEP Spill Hotline or existing case manager must be notified immediately after a discharge is identified.
A Minimum of Two Weeks Prior to Certain Field Activities
- At least 2 weeks prior to initiation of a remedial investigation or a single phase remedial action for a multi-phase project, the responsible party shall complete a Sensitive Population Checklist which identifies all sensitive populations and resources that are located within 200 feet of the site boundary. Sensitive populations include the following:
- residences
- potable wells
- schools
- child care facilities
- parks/playgrounds
- surface water
- Tier 1 well head areas
The Sensitive Population Checklist must be submitted to the NJDEP and other public officials.
- In addition, public notification in the form of a prominently posted sign or letters to property owners/tenants within 200 feet of the site must be conducted. If a language other than English is predominantly spoken, the notification must be in both English and the alternately spoken language.
Following Identification of Off-Site Migration of Contamination
- No later than 2 weeks after off-site migration of contamination from the site is identified the person responsible for remediation shall prepare a fact sheet that includes specific information regarding the site, the contaminants of concern and the planned remediation. The fact sheet must be published in a local newspaper and submitted to the NJDEP and other public officials as well as all property owners and tenants within 200 feet of the plume.
- Following full delineation of the contamination, the fact sheet must be updated and published in the newspaper and redistributed to NJDEP, public officials and property owners and tenants within 200 feet of the plume.
Additional Requirements in the Public Notice Rule
- Enhanced public outreach can be required if requested by a public official or through the submission of a petition. Enhanced public outreach could be conducted in a variety of ways including public meetings, document repositories or the establishment of a website by either the NJDEP or the Responsible Party.
- If contaminated material (fill) will be brought onto the site in quantities that exceed those needed to complete the remedial action, public notification is required.
- Consistent with current regulations, if the site lies within the New Jersey Pinelands the responsible party must provide notification to the New Jersey Pinelands Commission.
For more information, contact Kathi Stetser, Principal Hydrogeologist of Roux Associates, Inc. at kstetser@rouxinc.com or (856) 423-8800.
Notice: ENVIRONMENTAL REVIEW is published by Roux Associates Inc., Islandia, New York. The information contained herein is provided for educational and informational purposes only and should not be taken as technical consulting advice for specific situations, which depends on an evaluation of site-specific factual information. Please direct questions or comments to the Roux Associates professional named in a specific article. Copyright Roux Associates, Inc., 2008.
