Institutional and Engineering Controls for Soils

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´╗┐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

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Deed Notice Inspection Program Central storehouse for all DER's and Deed Notices after closeout (site NFA) more than 500 DER/DN's on document Conducts the 5 year examination of eng. controls [N.J.S.A. 58:10B-13(g)] more than 200 assessments directed to date Conducts examinations/protests Receives and Evaluates Biennial Certifications

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Inspections Are unannounced Walk the property/confined region limits GPS polygon of confined territory Review the DER/DN that is required to be continued site Provide direction and answer questions

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Deed Notice? An authoritative system used to point of confinement human exercises when contaminants stay over the remediation standard. Gives notice in story and guide type of pollution relative designing controls and extra limitations. Institutional control.

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Types of Institutional Controls Declaration of Environmental Restriction (DER) every one of 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)

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Deed Notice Required at whatever point a confined utilize or constrained limited utilize cure is proposed Is a non-lasting therapeutic activity that requires proceeded with duty by the property proprietor Monitoring and support of the eng. control Biennial accreditation Continued assessment of the adequacy of the Eng. control with respect to site utilize and surroundings ACO's have budgetary commitments

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Definitions Restricted Use - any medicinal activity that requires the proceeded with utilization of eng/inst controls (>RDCSCC) Limited Restricted Use- - any healing activity that requires the proceeded with utilization of inst. controls yet not eng. controls (>RDCSCC however <NRDCSCC)

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Engineering Controls Any system used to contain or balance out pollution that guarantees the viability of a medicinal activity. Goes about as a physical boundary amongst sullying and human contact and the earth.

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Types of Eng. Controls Caps Soil/Vegetated Asphalt Concrete Building Footprint Fence/Signs/Bollards Case particular proposition

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Approval of Eng./Inst. Controls Completed Model Deed Notice (Appendix E of N.J.A.C. 7:26E) Narrative itemizing the future utilization of the site and similarity with the chose building control Site drawings and details ought to plainly & precisely delineate ebb and flow site conditions at time of recording don't need to be marked and fixed by a NJ Professional Engineer

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Approval of Eng./Inst. Controls Technical Requirements for Site Remediation (N.J.A.C. 7:26E) Submitted as an entire draft inside the Remedial Action Workplan (i.e.,. shows, maps, tables) Shall incorporate composed endorsement from the property proprietor if the individual leading the remediation is not the proprietor.

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Engineering Control Proposal Site drawings and determinations might incorporate, if pertinent, the accompanying Eng. Control particulars Surface water and disintegration controls Generated gas control systems Leachate controls Groundwater checking and controls Type of vehicular movement Tidal/surge contemplations

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Deed Notice Shall be given in electronic configuration perfect with the Departments Geographic Information System (NJAC 7:1 Appendix An) and John DeFina - GIS Mapping Coordinator (609) 633-0537

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Continued Liability If a confined property is sold (Res. Alternately Non-Res. Utilize), the first discharger stays at risk for the pollution under the Spill Compensation and Control Act NJSA 58:10-23.11 et.seq.

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Biennial Certification Tech. Regs - NJAC 7:26E-8.5 & 8.7 - Submit an affirmation/checking report to the NJDEP like clockwork Biennial Certification Form $250.00 survey charge (Oversight Rules 7:26C-9.2(a)4) NJEMS identifiers (ie Program Interest name/number) Log of reviews Property proprietor and Contact Person Hard Copy in addition to an Electronic Copy 7:26E-8.5(c)

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Deed Notice Exhibits Exhibit A Vicinity maps (streets, geographic elements) County outline Metes and limits Scaled guide of property (1 inch to 200 ft or less) substantial versus little major geographical components (water tower, rail street and so on) North bolt and legend

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Deed Notice Exhibits Exhibit B Restricted territory maps for EACH unmistakable range As builts of each eng. control Sample areas staying over the standard Restricted territory information tables Tabulated information for EACH confined region area, profundity, fixation, CAS, soil criteria noteworthy fill- - NJAC 7:26E-4.6 table 4-2

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Deed Notice Exhibits Exhibit C General portrayal of inst./eng. Controls objective,size, checking, upkeep Inspection calendar and log Disturbance systems For EACH designing control AOC's might be consolidated

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Removal or Modification Inst./Eng. Controls Tech. Regs [NJAC 7:26E-8.2(h),(i), and (j)] Submit a composed demand to the Dept. alongside a Memorandum of Agreement (MOA), Termination of Deed Notice shape and a draft Deed Notice Termination of Deed Notice Form Provided for NJDEP endorsement before being documented with the district representative Conduct site investigation & issue endorsement/disavowal

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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

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DNIP Citations Tech. Regs- - NJAC 7:26E-8.4, 8.5, & 8.6 - Maintain Eng. Controls 7:26E-8.5(d)- - Notification of an adjustment in purpose of contact to keep up Eng./Inst. controls Brownfields- - NJSA 58:10B-13.1a- - Revocation of Covenant Not to Sue if Engineering or potentially Institutional Controls not looked after/exist

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Model Deed Notice; Biennial Certification; Termination of Deed Notice Guidance/Forms Available in the SRP Home Page at Regulations or potentially Guidance on drop down menu