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Institutional and Engineering Controls for Soils

Institutional and Engineering Controls for Soils. New Jersey Department of Environmental Protection Bureau of Operations Maintenance & Monitoring Deed Notice Inspection Program Rob Hoch Deed Notice Inspection Manager. Deed Notice Inspection Program.

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Institutional and Engineering Controls for Soils

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  1. Institutional and Engineering Controls for Soils New Jersey Department of Environmental Protection Bureau of Operations Maintenance & Monitoring Deed Notice Inspection Program Rob Hoch Deed Notice Inspection Manager

  2. Deed Notice Inspection Program • Central repository for all DER’s and Deed Notices after closeout (site NFA) • over 500 DER/DN’s on file • Conducts the 5 year inspection of eng. controls [N.J.S.A. 58:10B-13(g)] • over 200 inspections conducted to date • Conducts investigations/complaints • Receives and Evaluates Biennial Certifications

  3. Inspections • Are unannounced • Walk the property/restricted area boundaries • GPS polygon of restricted area • Review the DER/DN that is required to be kept on site • Provide guidance and answer questions

  4. Deed Notice? • An administrative mechanism used to limit human activities when contaminants remain above the remediation standard. • Provides notification in narrative and map form of contamination relative engineering controls and additional restrictions. • Institutional control.

  5. Types of Institutional Controls • Declaration of Environmental Restriction (DER) all those before Brownfield and Contaminated Site Remediation Act (1/6/98) • Deed Notice (DN) All those after Brownfields Act • Other • Classification Exception Area (CEA) • Well Restriction Area (WRA)

  6. Deed Notice • Required whenever a restricted use or limited restricted use remedy is proposed • Is a non-permanent remedial action that requires continued responsibility by the property owner • Monitoring and maintenance of the eng. control • Biennial certification • Continued evaluation of the effectiveness of the Eng. control relative to site use and surroundings • ACO’s have financial obligations

  7. Definitions • Restricted Use-- any remedial action that requires the continued use of eng/inst controls (>RDCSCC) • Limited Restricted Use-- any remedial action that requires the continued use of inst. controls but not eng. controls (>RDCSCC but <NRDCSCC)

  8. Engineering Controls • Any mechanism used to contain or stabilize contamination that ensures the effectiveness of a remedial action. • Acts as a physical barrier between contamination and human contact and the environment.

  9. Types of Eng. Controls • Caps • Soil/Vegetated • Asphalt • Concrete • Building Footprint • Fence/Signs/Bollards • Case specific proposals

  10. Approval of Eng./Inst. Controls • Completed Model Deed Notice (Appendix E of N.J.A.C. 7:26E) • Narrative detailing the future use of the site and compatibility with the selected engineering control • Site drawings and specifications • should clearly & accurately depict current site conditions at time of filing • do not have to be signed and sealed by a NJ Professional Engineer

  11. Approval of Eng./Inst. Controls • Technical Requirements for Site Remediation (N.J.A.C. 7:26E) • Submitted as a complete draft within the Remedial Action Workplan (i.e.,. exhibits, maps, tables) • Shall include written approval from the property owner if the person conducting the remediation is not the owner.

  12. Engineering Control Proposal • Site drawings and specifications shall include, if applicable, the following • Eng. Control specifications • Surface water and erosion controls • Generated gas control systems • Leachate controls • Groundwater monitoring and controls • Type of vehicular traffic • Tidal/flood considerations

  13. Deed Notice Shall be provided in electronic format compatible with the Departments Geographic Information System (NJAC 7:1 Appendix A) and http://www.state.nj.us/dep/srp/regs/techgis/ Questions: John DeFina - GIS Mapping Coordinator (609) 633-0537

  14. Continued Liability • If a restricted property is sold (Res. Or Non-Res. Use), the original discharger remains liable for the contamination under the Spill Compensation and Control Act NJSA 58:10-23.11 et.seq.

  15. Biennial Certification • Tech. Regs - NJAC 7:26E • 7:26E-8.5 & 8.7 - Submit a certification/ monitoring report to the NJDEP every two years • Biennial Certification Form • $250.00 review fee (Oversight Rules 7:26C-9.2(a)4) • NJEMS identifiers (ie Program Interest name/number) • Log of inspections • Property owner and Contact Person • Hard Copy plus an Electronic Copy 7:26E-8.5(c)

  16. Deed Notice Exhibits • Exhibit A • Vicinity maps (roads, geographic features) • County map (Hagstrom) • Metes and bounds • Scaled map of property (1 inch to 200 ft or less) • large vs. small • major topographical features (water tower, rail road etc) • North arrow and legend

  17. Deed Notice Exhibits • Exhibit B • Restricted area maps for EACH distinct area • As builts of each eng. control • Sample locations remaining above the standard • Restricted area data tables • Tabulated data for EACH restricted area • location, depth, concentration, CAS, soil criteria • historic fill-- NJAC 7:26E-4.6 table 4-2

  18. Deed Notice Exhibits • Exhibit C • General description of inst./eng. Controls • objective,size, monitoring, maintenance • Inspection schedule and log • Disturbance procedures • For EACH engineering control • AOC’s may be combined

  19. Removal or Modification Inst./Eng. Controls • Tech. Regs [NJAC 7:26E-8.2(h),(i), and (j)] • Submit a written request to the Dept. along with a Memorandum of Agreement (MOA), Termination of Deed Notice form and a draft Deed Notice • Termination of Deed Notice Form • Provided for NJDEP approval before being filed with the county clerk • Conduct site inspection & issue approval/denial

  20. Deed Notice Inspection Program Contact Information Div. Remediation Management & Response Bureau of Operations, Maint. & Monitoring Deed Notice Inspection Program P.O Box 413 401 E. State St., Trenton NJ 08625-0413 • Rob Hoch: Phone: (609) 292-1943 Fax: (609) 633-2360

  21. DNIP Citations • Tech. Regs-- NJAC 7:26E • 7:26E-8.4, 8.5, & 8.6 -- Maintain Eng. Controls • 7:26E-8.5(d)-- Notification of a change in point of contact to maintain Eng./Inst. controls • Brownfields--NJSA 58:10B • 58:10B-13.1a-- Revocation of Covenant Not to Sue if Engineering and/or Institutional Controls not maintained/exist

  22. Model Deed Notice; Biennial Certification; Termination of Deed Notice Guidance/Forms • Available in the SRP Home Page at www.state.nj.us/dep/srp Regulations and/or Guidance on drop down menu

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