Your Guide to Addressing Site Contamination:
Biennial Certifications and How to Stay in Compliance with Soil and Groundwater Remedial Action Permits
Biennial Certifications and How to Stay in Compliance with Soil and Groundwater Remedial Action Permits
If your property had soil or groundwater contamination, you are probably already familiar with the term Remedial Action Permit or RAP. A Remedial Action Permit is required when action has been taken to clean up soil or groundwater contamination, but this remedial action leaves some contamination in place at levels that exceed the standards for unrestricted use. In layman’s terms, the soil or groundwater contamination on your property has been addressed, but it is not considered completely cleaned up, just safely contained. In this case, you are required to get biennial certifications ensuring that the contamination is still contained.
If your property has a Remedial Action Permit, it is important you understand your obligations regarding New Jersey Department of Environmental Protection (NJDEP) regulations like biennial certifications. LAN Associates has a team of Licensed Site Remediation Professionals (LSRP), and environmental professionals who work with these regulations on a daily basis, and they put together this easy to follow guide addressing site contamination to help explain what you need to know.
A Remedial Action Permit (RAP) outlines the long term corrective action strategy that must occur for the property to remain in compliance with NJDEP regulations. The RAP requirements include but are not limited to, performing all required operation, maintenance, and monitoring activities, payment of required fees, and complying with any property use restrictions. Once an RAP is obtained, a biennial certification needs to be completed.
A biennial certification ensures that the requirements detailed in the RAP have been followed. This form is prepared and certified by a Licensed Site Remediation Professional. Upon certification, the LSRP will submit to the NJDEP per the submission schedule detailed within the RAP.
Biennial certifications, in conjunction with semi-annual site visits and/or collection of groundwater samples based on the RAP type, should be updated every two years to ensure that the property’s existing engineering and institutional controls remain in compliance with the established RAP. Engineering and institutional controls are the physical and legal measures put in place to ensure the contamination is contained and does not present a danger.
A biennial certification is required by the NJDEP per issuance of the RAP to ensure the engineering controls remain protective of public health and safety of the environment. In other words, the purpose of the biennial certification process is to provide assurance to the NJDEP that the institutional and engineering controls used on the property continue to operate as intended. If it’s not submitted by the deadline determined within the RAP, the NJDEP can issue violations on your property.
If you believe your site is no longer in compliance with the NJDEP requirements regarding remedial action permits, you should contact one of LAN’s LSRPs who can check the issue date of your most recent RAP to find out when it needs to be submitted. Having an LSRP perform semi-annual inspections can ensure you identify any deficiencies related to the engineering controls and help you submit the required items to maintain your soil and/or groundwater biennial certification.
A Soil RAP is needed when soil contamination on a property exceeds any limits mentioned in the New Jersey Department of Environmental Protection’s soil standards. Under the supervision of the LSRP of record for the property, the engineering and institutional controls are established and mentioned within a Deed Notice which is an attachment of the Soil RAP.
The LSRP of record will also be required to complete an inspection of the engineering controls detailed within the Deed Notice along with the submission of a Biennial Certification Form to the NJDEP. Any changes such as site use and/or property ownership that have occurred since the Soil RAP was put in place are documented as well.
A Ground Water RAP is required when groundwater contamination that remains on the property exceeds the limits detailed in the NJDEP’s groundwater standards. Under the oversight of the LSRP of record for the property, a Classification Exception Area (CEA) is established to serve as an institutional control which provides notice to the local area that groundwater contamination is present on or migrating off the property. Similar to the Soil RAP, a Biennial Certification Form is prepared documenting if any changes have occurred since the establishment of the Ground Water RAP.
Under the guidance of the LSRP of record, groundwater samples are also periodically collected via a network of previously installed groundwater monitoring wells located on the property. Once the results of the groundwater samples are collected, a Groundwater Monitoring Report is prepared which summarizes the findings.
Now that you know what to expect and the requirements, it’s time to get in touch with an LSRP. If you have any questions and would like to speak with a professional, please reach out to LAN Associates’ environmental professionals.
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