Remedial Action Permits for Soils Guidance Version 0.0 02/24/2010 1 of - PDF document

Remedial Action Permits for Soils Guidance Version 0.0 02/24/2010 1 of 20 New Jersey Department of Environmental ProtectionSite Remediation PrograREMEDIAL ACTION PERMITS FOR SOILS GUIDANCE Thisguidance developed Remedial Action Soil PermitsDeed Notice without an engineering controlsituationswhere onlynotice (institutionalcontrol) isneeded, theLSRP wouldhave filedthenotice the Remedial Action Permits for Soils Guidance Version 0.0 02/24/2010 2 of 20 Anychangestheexhibitsthedeed noticeoccur.Any change in land use that will impactthe engineeringcontrol.Examples areconstructionof building on top of an engineeredcap.Thefollowingactivitiesare considered minor modifications, and do notrequire modification theremedialaction soilpermit.For activities that will not require permit modificationhe permiteewill provide notice of the activity in nextprotectiveness survey.Temporary disruption of the cap to run utilitiesthrough.These should noted thebiennialcertification.Any temporary disturbancethat does notresultin changes theexhibitsthedeednoticPermit TransfersTheperson responsible for theremediation willalwayspermitee; theirname address will remain on the permit for the life of theengineeringand institutionalcontrol.Property owners who arenot theperson responsible fortheremediation mustnotifythe Department of any changesownership.The propertyowner must sign on aspermitee before the former owner isremoved from the permit.Any financialassurance that was established as the former property ownerwillnot be released until form is established and in place.Financial AssuranceFinancial Assurance isrequiredwhenever Remedial ActionPermit hasEngineering Control. An EngineeringControldefined N.J.A.C. 7:26E1.8. "Engineeringcontrols" means any physicalmechanism to contain or stabilizecontamination orensure the effectiveness of remedial action.Engineeringcontrolsmay include, without limitation,caps,covers,dikes, trenches, leachatecollectionsystems, signs, fences, physical access controls.The LSRP will certify the costs for financial assurance. Thefollowingformsare acceptable asfinancial assuranceFinancial AssuranceforEngineeringControls RemediationTrust Funding Sources Acceptable as Financial Assurance for EngineeringControl? A remediation trust fund agreement in accordance with N.J.A.C. 7:26C5.4Yes An environmental insurance policy in accordance with N.J.A.C. 7:26C5.5Yes A line of credit agreement in accordance withN.J.A.C. 7:26C5.6Yes A letter of credit in accordance with N.J.A.C. 7:26C5.7Yes A selfguarantee in accordance with N.J.A.C. 7:26C5.8 Calculating Financial AssuranceThe LSRP will determine the amount of funds neededto maintaintheengineeringcontrollong the controlneeded, up toyears. Thecalculation based on theyearly cost of maintaining the system including labor, power, samplingparameters, permit costs based on present value.That valueis multiplied out overthe durationthattheengineering controlwillplace years. See attachment for calculating the amount offinancial assurance. Remedial Action Permits for Soils Guidance Version 0.0 02/24/2010 3 of 20 Commercially available software systems that can be used to calculated financial assurance.Cost ProRACER (Remedial Action Cost Engineering and Requirements)Other commerciallyavailableengineeringcostprojectionsoftwarethatcandevelop costprojectionsforthemaintenance engineering control.The LSRP can develop independently the amount of financial assurance required by providing all costs related to the monitoring and maintenance of the engineering control for its lifetime. The LSRP will need to provide a list and how the costs were derived as part the cost estimated for financial assurance.Homeowner and Condominium associations with engineering controlsTheDepartment recognizes thathomeownercondominium association’s annual budget includescommonelementsrelated to theengineeringcontrol(s).In these situations,the Association may use their budget teadof theyear financial assurancerequirement.TheAssociation needs to providethe Department as parttheannual biennial reportingrequirements,thebudgetedamountsforthecommon elementsrelated theengineering control.Exemptions for establishing financial assurance for engineering controls.N.J.A.C. 7:26C7.7(b)identifies thosepersonswhohaveobligationto establish financialassurance.(b)The followingpersons are notrequired complywith thissection:government entity;person whootherwise liable forcleanup andremovalcosts pursuant the Spill Compensation and Control Act, N.J.S.A. 58:1023.11, who purchased contaminatedsiteprior to May 7, 2009, and is remediating,or has remediated, thecontaminatedsite pursuant toN.J.S.A. 58:1023.11g.d;person whoundertakes remediationthatperson’s primary orsecondaryresidence;Theowneroperator childcare centerlicensed pursuant toN.J.S.A.30: 5B1 etseq.whoperformsremediation at the licensed child care center;Theperson responsibleforperforming remediationat public school or private schoolas defined inN.J.S.A. 18A: 11, or charterschool establishepursuantto N.J.S.A. 18A:1 et seq.; andThe owneroperator smallbusinesswhoresponsible for performing remediation at hisher business property.N.J.A.C. 7:26C1.3 provides thedefinition smallbusiness.“Small business” meansbusiness entity thatnot acquire property for development orredevelopment,that,duringthe prior threetax years,employed not more than 50 fulltime employees ortheequivalent thereof,qualifiesa smallbusinessconcern within themeaning of the federal "Small Business Act," 15 U.S.C. section 631 et seq. VI.Who has the obligation as PermiteesThe followingpersonsmust comply withthe RemedialAction Permit issued by the Department. N.J.A.C. 7:26C7.2 identifies thosepersons whomust complywithRemedial Action Permit issued by the Department.Thefollowing personsare required statute tobecomepermitees should remedial actionpermit required.Eachowner and operator of underground storage tankfacility wholiablefor the remediation pursuant the UndergroundStorage of Hazardous Substances Act,N.J.S.A.58:10A21 et seq.Eachowner and operator of industrialestablishment wholiable fortheremediation pursuantto the Industrial Site Remediation Act, N.J.S.A. 13:1K6 et seq.Any person in any way responsible, pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:1023.11et seq.“Commonelements”meansportionsthecommoninterestrealpropertyotherthantheunitsandotherinterestsrealestateforthebenefitunitownerswhicharesubjectthemasterdeed. Remedial Action Permits for Soils Guidance Version 0.0 02/24/2010 4 of 20 Anypersonwhoremediating site,Persons due totheirposition owners, operators,tenants of the property that is being, or hasremediation, includingthefollowing.Each owner of the property, where the discharge occurred, at the time ofimplementation of the remedial action that includesengineering institutional controloperation andmaintenance requirements fortheremedialaction; Each subsequentowner, operatorand tenanttheproperty thedischargeduring thatperson’s ownership oroperation.theremorethanperson responsible forcompliance withremedialaction permit pursuant to (a) above, each such person, as permitee,is jointly and severally liable for:Compliance with the conditionsof remedial action permitspursuant to this subchapter;Paymentsallremedial actionpermit fees pursuant to N.J.A.C. 7:26CPayment of penalties for violations of remedial action permit pursuantto N.J.A.C. 7:26C9; andMaintenance financialassurance forengineeringcontrols pursuant to N.J.A.C. 7:26C7.8.Establishing Monitoring & Reporting Schedules in Remedial Action PermitsMonitoring Parameters of the Engineering ControlTheLSRPwill determine based upontheir professional judgment what monitoring necessary ensure the engineeringcontrol remainprotective of human healththe environment.At minimum, the LSRP should determine the frequency thatengineering controlneedsinspected ormonitored.TheLSRPand person responsible fortheremediation can determine themonitoring parameters,frequency and schedule.TheDepartment recommendsthe following.At minimum,allengineering controlsshallmonitored on annualbasisand report biennial basis.Monitoring ScheduleTheLSRPwill determine based upontheir professional judgment what frequency theengineeringcontrolshouldmonitored.TheLSRPand person responsible fortheremediation candetermine themonitoring parameters,frequency and schedule.The Departmentrecommends the following MonitoringSchedule Situation Monthly Sensitive populations are within 0 - 100’ of the engineering control.Thisexcludes engineeringcontrols with asphalt caps. Quarterly Sensitive populations are within 101’ - 500’ of the engineering control.Thisexcludes engineering controls with asphalt caps. SemiAnnual Engineering controls consisting of fencing, or soil or vegetative caps. Annual Engineering controls consisting of asphalt/concrete or impervious material. Reporting ScheduleTheLSRPwill determine based theirprofessional judgmentwhenthe monitoring information will besubmitted to the Department.At minimum, all permits shall report on biennialbasisto the Department as totheprotectiveness theengineering and institutionalcontrols. Reporting Schedule Situation Semi Annual Sensitive populations are within 100’ – 500’ of the engineering control.Thisexcludes engineering controls with asphalt caps. Annual Engineering controls consisting of fencing, or soil or vegetative caps. Biennial Engineering controls consisting of asphalt/concrete or impervious material. Remedial Action Permits for Soils Guidance Version 0.0 02/24/2010 5 of 20 Remedial Action SoilPermit Fees N.J.A.C. 7:26C4.4RemedialActionPermitFees Activity Fee Permit Application $ 1650 Permit Modification $ 660 Permit Termination $ 770 Change in Ownership/Transfer of Permit $ 770 Annual Permit Fee * $ 550 How will the Department apply the Remedial Action Permit fees?Response:A remediating party applies for a Soil Remedial Action Permit after January 15, 2010. The permitee completes the permit application and submits the initial permit fee. At the end of the first year and every year after, the permitee(s) will pay an annual permit feeEvery two years, the permitee(s) isrequired to complete and submit a Remedial Action ProtectivenessiennialCertification Form at no cost.What happens if I do not pay the fee(s)Response:The Permitee(s) would be subject to the assessment of penalties which would include the fee plus 20% of the outstanding amount; $1000 minimum.Permits and Final Remediation DocumentsRemedial Action Permits and Response Action Outcome Action Post 1/15/10 Contamination has been remediated and remedialactionpermitcontainingengineering and/orinstitutionalcontrolshasbeen issuedby the Department LSRP will issue a RAO oncetheremedialaction permitis inplace. Note:Annualpermitfeeswillstartyearaftertheinitialpermitfeepaid Remedial Action Permits for Soils Guidance Version 0.0 02/24/2010 6 of 20 ATTACHMENTS Remedial Action Permits for Soils Guidance Version 0.0 02/24/2010 7 of 20 ATTACHMENT APPENDIX from Technical RequirementsforSite Remediation (N.J.A.C. 7:26E)Model Deed NoticeThe model documentin this appendix containsblanks and matterin brackets ]. Theseblanksshall replaced withthe appropriate information prior submission theDepartment for approval. The model documentin this appendix is notsubject to thevariance provisions of N.J.A.C. 7:26E1.6.Matterbracketed ] is not intended fordeletion, rather intended descriptive of the variable information thatmay be contained in the final document.IN ACCORDANCE WITHN.J.S.A. 58:10B13, THISDOCUMENTTORECORDED IN THESAMEMANNER ARE DEEDSAND OTHER INTERESTS IN REAL PROPERTY.Prepared by:SignaturePrintnameRecorded by:Signature,OfficerCounty Recording Office: Print nameDEED NOTICE This Deed Notice is made as of theday of, by [Insert the full legal name and address of each current property owner] (together with his/her/its/their successors and assigns, collectively "Owner"). THE PROPERTY. [Insert the full legal name and address of each current property owner] [Insert as appropriate: "is", or "are"] the owner in fee simple of certain real property designated as Block(s)Lot(s), on the tax map of the [Insert, as appropriate: City/Borough/Township/Town] of [Insert the name of municipality], [Insert the name of county] County; the New Jersey Department of Environmental Protection Program Interest Number (Preferred ID) for the contaminated site which includes this property is [Insert the Program Interest Number (Preferred ID)]; and the property is more particularly described in Exhibit A, which is attached hereto and made a part hereof (the "Property"). DEPARTMENT’SASSIGNED BUREAU. The [insert name of Bureau] was the New Jersey Department of Environmental Protection program that was responsible for the oversight of the remediation of the Property. The matter was Case No. [insert Program Interest Number (Preferred ID)].SOIL CONTAMINATION. [Insert the full legal name of the person that was responsible for conducting the remediation] has remediated contaminated soil at the Property, and the New Jersey Department of Environmental Protection approved a remedial action on [Insert date of Department’s approval], such that soil contamination remains in certain areas of the Property which contains contaminants in concentrations that do not allow for the unrestricted use of the Property; this soil contamination is described,including the type, concentration and specific location of such contaminants, in Exhibit B, which is attached hereto and made a part hereof. As a result, there is a statutory requirement for this Deed Notice [include if appropriate: and engineering controls] in accordance with N.J.S.A. 58:10B Remedial Action Permits for Soils Guidance Version 0.0 02/24/2010 8 of 20 CONSIDERATIONaccordance with theNew Jersey Departmentof Environmental Protection’sapproval of theremedial action work planfortheremediation thesite whichincluded theProperty, considerationtheterms conditions of that approval, and othergood valuable consideration, Ownerhas agreed subjecttheProperty to certain statutory regulatory requirementswhichimposerestrictions upon the useof theProperty, to restrict certain usesof the Property, and to provide notice to subsequent owners,lessees and operatorstherestrictionsandthe monitoring, maintenance, and biennial certificationrequirements outlined this Deed Noticerequiredlaw,forth herein.5A.RESTRICTED AREAS. Due to the presence of these contaminants,theOwner has agreed, part of theremedial actionforthe Property, restrict theuse of certain parts of the Property (the "Restricted Areas"); narrative descriptionof these restrictions, alongwith theassociated monitoring and maintenance activities and the biennialcertificationrequirementsareprovided Exhibitwhichattachedheretomadepart hereof.The Owner has also agreed to maintainlist ofheserestrictionssite for inspection by governmental enforcement officials.[Insert the following paragraph when engineering controls are also implemented at the site:]5B. ENGINEERING CONTROLSDue tothepresence and concentration these contaminants, theOwner has also agreed, as part of the remedial action for the Property,to theplacement certain engineeringcontrolsthe Property; narrativedescription theseengineering controls,along withthe associated monitoring maintenance activitiesthebiennial certification requirements are provided in Exhibit C.]6A. ALTERATIONS, IMPROVEMENTS, AND DISTURBANCES.Except as provided in Paragraph6B, below, no person shall make, or allow tobe made, anyalteration, improvement,disturbance in,to,abouttheProperty whichdisturbsany engineeringcontrol at the Property without first obtaining the expresswrittenconsent of the Department of Environmental Protection. Nothing hereinshall constitutewaiver oftheobligationof any person to comply with all applicable lawsregulations including,without limitation, the applicablerules of the Occupational Safety and Health Administration.To request the consent of the Department of Environmental Protection,contact:Department of Environmental ProtectionBureau Operation, Maintenance, and MonitoringDeed Notice Inspection ProgramP.O. Box 413401 E. StateStreetTrenton, Notwithstandingsubparagraph6A.i., above,the Department of Environmental Protection'sexpress writtenconsent is not requiredfor any alteration, improvement, or disturbance providedthat the owner, lessee or operator: (A)Notifies the Department of Environmental Protection of the activityby calling the DEP Hotline,at 1WARNDEP or 16337, within twentyfour(24) hours after the beginningof each alteration, improvement,or disturbance;(B)Restoresdisturbance engineering controlpredisturbanceconditionswithinsixty (60)calendardays after theinitiation of the alteration, improvement or disturbance;(C)Ensures thatallapplicable worker health andsafetylawsand regulationsarefollowed during thealteration,improvement, or disturbance, duringtherestoration;(D)Ensures thatexposure tcontamination in excess of the applicable remediation standardsdoes notoccur;(E)Submits a writtenreport, describing thealteration,improvement, or disturbance, to the Department ofEnvironmental Protection within sixty (60) calendar days after theof each alteration, improvement, ordisturbance.Theowner, lesseeoperator shallinclude in the report the natureof the alteration, improvement, ordisturbance, the datesandduration of thealteration, improvement,or disturbance, the name of key dividualstheiraffiliationsconducting thealteration, improvement, disturbance, description Remedial Action Permits for Soils Guidance Version 0.0 02/24/2010 9 of 20 thenoticetheOwnergavethosepersons prior thedisturbance, theamounts soilgenerated fordisposal,if any, the final dispositionand any precautionstakenpreventexposure.The owner,lessee, or operator shallsubmit the report to:Department of Environmental ProtectionBureau Operation, Maintenance, and MonitoringDeed Notice Inspection ProgramP.O. Box 413. StateStreetTrenton, [Insert thefollowing paragraphwhenengineeringcontrols are alsoimplemented thesite:6B. EMERGENCIES. In the event of an emergency which presents, ormaypresent, unacceptable riskthepublichealth andsafety, or to theenvironment, any person may temporarily breachanyengineering control provided that thatpersoncomplies with each of the following:Immediately notifies the Department of Environmental Protection of the emergency, by calling the DEPotline at 1WARNDEP or 9276337;Limits both the actualdisturbance and thetimeneeded forthedisturbance theminimum reasonablynecessary to adequately respondto the emergency;Implements all measures necessary to limit actual or potential, presentor future risk of exposure to humansor the environment tothe contamination;iv.Notifies the Departmentof Environmental Protection when the emergency hasendedby calling theDEPHotline at 1WARNDEP or 9276337;Restorestheengineering controlthepreemergency conditions assoon aspossible, provides written report to the Department ofEnvironmental Protection of such emergency andrestoration effortswithinsixty(60)calendar daysafter completion therestoratitheengineering control. Thereport mustinclude allinformation pertinent to theemergency, potential discharges contaminants, and restoration measures that wereimplemented,which, at minimum, should specify:(a) thenaturelikelycause theemergency, (b) thepotential discharges of orexposurescontaminants,if any, thatmay have occurred, (c) the measures that havebeen taken tomitigate the effects of the emergency onhumanhealth theenvironment, (d)themeasurescompleted orimplementedrestore theengineering control,(e)thechangestheengineering controlsiteoperationmaintenance planpreventreoccurrenceof such conditionsin the future. The owner, lessee,or operatorshall submit the report to: Department of Environmental ProtectionBureau Operation, Maintenance, and MonitoringDeed Notice Inspection ProgramP.O. Box 413401 E. StateStreetTrenton, 7A.MONITORINGANDMAINTENANCE OF DEEDNOTICE, ANDPROTECTIVENESS CERTIFICATIONThepersons anywayresponsible, pursuant theSpillCompensationand Control Act,N.J.S.A. 58:1023.11a et seq.,forthehazardous substancesthatremainat the Property, the persons responsible forconducting theremediation, theOwner, the subsequent owners, lessees, operators, shallmonitor and maintain thisDeed Notice, and certify totheDepartment biennial basisthattheremedial action thatincludesthis Deed Notice remains protective of the publichealth and safety and oftheenvironment.The subsequent owners, lessees and operatorshave thisobligation onlyduringtheir ownership,tenancy, oroperation. Thespecificobligationsmonitorand maintain thenoticeshallinclude allthe following: Remedial Action Permits for Soils Guidance Version 0.0 02/24/2010 10 of 20 Monitoringmaintaining thisDeedNoticeaccording to the requirements inExhibit C, toensure that theremedial action thatincludes theDeedNoticecontinuesto be protective of the publichealthand safety and ofthe environment;Conductingany additional remedial investigationsandimplementany additional remedial actions, that arenecessary to correct, mitigate, or abateeach problemrelated to theprotectivenessof the remedial action forthesiteprior thedatethat thecertification due the Departmentpursuant toiii, below, in order to ensurethat the remedial action that includes thisDeed Notice remains protective of the publichealthand safety andof the environment. iii.Certify to the Departmentof Environmental Protection asto the continued protectiveness of the remedialaction that includesthisDeed Notice, on form provided theDepartment and consistent with N.J.A.C.7:26C1.2 (a)1, every two years on the anniversaryof thedatestampedthedeednotice that indicate when thenoticewas recorded Insert the followingparagraph if the soilremedialaction includedany engineering controlsthe site:7B. MONITORINGANDMAINTENANCE OF ENGINEERING CONTROLS, ANDPROTECTIVENESS CERTIFICATIONThepersons anywayresponsible, pursuant theSpillCompensationand Control Act,N.J.S.A. 58:1023.11a et seq.,forthehazardous substancesthatremaintheProperty, thepersonresponsible forconducting theremediation, theOwner, the subsequent owners, lessees, operators, shall maintain all engineeringcontrolsat the Property andcertify to the Department on biennial basis thattheremedialaction whicheach engineering controlpartremainsprotective of the publichealthand safetyand of the environment. Thesubsequent owners, lessees and operators havethis obligationonly during their ownership,tenancy, or operation. The specificobligationsto monitor and maintain theengineering controlsshall include thefollowing:Monitoringmaintaining each engineering controlaccordingto therequirements Exhibit ensurethat the remedial action that includes the engineeringcontrolcontinues protectivethepublichealthand safety and of the environment;Conductingany additional remedial investigationsandimplementany additional remedial actions, that arenecessary to correct, mitigate, or abateeach problemrelated to theprotectivenessof the remedial action forthe Property prior to thedate that the certification isdue to the Department pursuant to iii, below, in order toensure that the remedial action that includes the engineering controlremains protectivethepublichealthand safety and of the environment.iii.Certify to the Departmentof Environmental Protection asto the continued protectiveness of the remedialactionthatincludes theengineeringcontrol, formprovided by the Department and consistent withN.J.A.C. 7:26C1.2(a)1, every twoyears on the anniversary of theatestampedthedeednoticethatindicateswhen thedeednotice was recorded.ACCESSTheOwner and thesubsequent owners, lessees and operators agree allow theDepartment, itsagentsrepresentatives access to the Property to inspect andevaluate thecontinued protectiveness theremedial actionthatincludesthisDeed Noticeandconduct additional remediation to ensure the protection of the publichealth and safetytheenvironment personsresponsible formonitoring theprotectivenessof the remedial action, asdescribed inParagraph above,failconduct suchremediationpursuantto this Deed Notice as required by law. TheOwner, andthesubsequent owners lessees, shall alsocauseallleases,subleases, grants, other writtentransfers interest theRestricted Areas contain provisionexpressly requiring thatallholders thereof provide such access tothe Department. NOTICESTheOwnerthesubsequent owners lessees, shallcause all leases, grants, other writtentransfersinterest theRestricted Areas containprovisionexpressly requiring allholdersthereof taketheProperty subject to the restrictionscontained herein comply with all, and not to violate any of the conditions Remedial Action Permits for Soils Guidance Version 0.0 02/24/2010 11 of 20 of this Deed Notice. Nothing containedin this Paragraph shall beconstrued aslimiting any obligation of anypersonprovide anynoticerequired by any law, regulation,or order of any governmental authority.Ownerallsubsequent owners and lesseesshall notify anyperson intendingto conduct invasive workor excavatewithin the RestrictedAreas at the Property, including, without limitation, tenants,employees tenants,and contractors thenaturelocationcontaminationin the Restricted Areas, and, of theprecautions necessary tominimize potential human exposure to contaminants.iii.TheOwner thesubsequent ownersshallprovide writtennotice theepartment EnvironmentalProtection at least thirty (30) calendar daysbefore theeffective date of any conveyance, grant, gift, or othertransfer, in whole or in part, of the owner’sinterest theRestrictedArea.iv.TheOwner thesubsequent ownersshallprovide written noticeto the Department within thirty (30)calendar days following the owner’s petition forfilingof any document initiating rezoning of the Property.TheOwner and thesubsequent owners shall submit the written notice to:Department of Environmental ProtectionBureau Operation, Maintenance, and MonitoringDeed Notice Inspection ProgramP.O. Box 413401 E. StateStreetTrenton, ENFORCEMENT OF VIOLATIONSThis Deed Notice itself is not intended to create any interest in realestate in favor of the Department ofEnvironmental Protection, nor to createlien againsttheProperty,but merely is intended to provide noticecertain conditions and restrictionsthePropertyandto reflect the regulatory andstatutory obligationsimposed asconditional remedial action for this site.Therestrictions providedhereinmay enforceable solely by the Department against any personwhoviolates thisDeed Notice. To enforce violationsof thisDeed Notice, the Department may initiate one or moreenforcement actions pursuantN.J.S.A. 58:1023.11u and require additional remediation and assessdamages pursuant to N.J.S.A. 58:1023.11gSEVERABILITYIf any court of competent jurisdiction determines thatany provisionof this DeedNotice requires modification, suchprovision shall be deemed to have been modified automatically toconform to such requirements.If court of competentjurisdiction determinesthat any provisionof this DeedNotice is invalid or unenforceable and theprovision suchnature that it cannot be modified, the provision shall be deemed deleted from this instrument asthough the provision hadneverbeen included herein. eithercase, theremaining provisionsof this DeedNotice shall remain in full force andeffect.SUCCESSORS ANDASSIGNS.ThisDeedNotice shall binding uponOwner and upon Owner's successors and assigns, and subsequent owners,lessees and operatorswhile eachowner, lessee, or operator of the Property. MODIFICATIONANDTERMINATION.Any personmay request in writing, at any time,that the Departmentmodify this DeedNotice whereperformancesubsequent remedialactions, changeof conditionsat the Property, or the adoption ofrevised remediation standards suggest thatmodification theDeed Notice would appropriate.Any personmay request in writing, at any time, thattheDepartment terminatethisDeed Noticebecausetheconditionswhich triggered theforthisDeedoticearelongerapplicable. Remedial Action Permits for Soils Guidance Version 0.0 02/24/2010 12 of 20 iii.This Deed Notice may be revised or terminated only upon filing of an instrument,executedby theDepartment, in the office of the he Insertappropriate theCountyClerk/RegisterDeeds andMortgagesof [Insert the name of the CountyCounty,New Jersey,expressly modifying or terminating thisDeed Notice.14A. EXHIBIT Exhibit includes thefollowing mapsof the Property and the vicinity:Exhibit A1: Vicinity Map map that identifies name theroads, other important geographicalfeaturesin the vicinity of theProperty(for example, Hagstrom County Maps);ExhibitMetesBounds Description metesand bounds descriptiontheProperty, includingreference taxlotblock numbers fortheProperty;Exhibit A3: Property Map scaledmap of the Property, scaled at one inch to 200 feet or less, and ifmorethan one mapsubmitted, themapsshallpresented asoverlays, keyed to base map; and theProperty shallincludediagrams majorsurfacetopographical featuressuch buildings, roads,parking lots.14B. EXHIBIT Exhibitincludes thefollowing descriptions of the RestrictedAreas:ExhibitRestricted Area separatemapforeachrestricted areathatincludes:(A)builtdiagrams each engineering control,includingcaps, fences,slurry walls, groundwatermonitoring wells,andground water pumping system;(B)builtdiagrams any buildings, roads, parkinglotsandother structuresthatfunctionengineering controls; (C)Designation allsoiland sedimentsample locationswithintherestricted areas thatexceed anysoilsediment standard that arekeyedintooneof the tables described in the followingparagraph.ExhibitRestricted Area DataTable separate tableforeach restrictedareathatincludes: (A)Samplelocation designation fromRestricted Areamap(Exhibit B1);(B)Sampleelevation based uponmeansealevel;(C)Name and chemical abstract serviceregistry numbeeach contaminantwithconcentrationthatexceedstheunrestricted usestandard;(D)Therestricted and unrestricted use standards for each contaminantin the table; and(E)Theremaining concentration eachcontaminantat eachsample location at each elevation (or ifhistoricfill, include data from the Department’s default concentrations at N.J.A.C. 7:26E4.6, Table 42).14C. EXHIBIT Exhibitincludes narrative descriptions of the institutional controls [Insert appropriate:engineering controls]follows:Exhibit C1: DeedNotice as Institutional Control: Exhibit includes narrativedescriptiontherestrictionobligationsof this Deed Notice that are inadditionto those describe above,as follows:(A)General Description thisDeed Notice: Remedial Action Permits for Soils Guidance Version 0.0 02/24/2010 13 of 20 (1)Description estimated size theRestricted Areas asdescribed above;(2)Description of the restrictionson theProperty by operation of this DeedNotice; and(3)The objective of the restrictions.(B)Description themonitoringnecessary determine whether:(1)Anydisturbances thesoiltheRestricted Areas did not result in the unacceptableexposure to the soilcontamination;(2)There have any landusechanges subsequentto the filing of this DeedNotice or themostrecent biennialcertification,whichever more recent;(3)The current landusetheProperty consistent with the restrictionsin this DeedNotice;(4)Any newly promulgatedor modified requirementsof applicable regulationsor laws applyto the site; and(5)Any new standards, regulations, or laws apply to the site that might necessitate additionalsampling in order to evaluate the protectiveness theremedial action which includes thisDeed Notice, conduct thenecessarysampling.(C)Description thefollowing items thatwillincluded the biennialcertification:(1)monitoring report thatdescribes the specific activities, pursuant to (A) and (B), above,conducted support thebiennialcertification of theprotectivenessof the remedial actionthatincludesthisDeed Notice;(2)Land usetheProperty consistent withtherestrictionsthisDeedNotice;and(3)The remedial action thatincludes thisDeed Noticecontinues protective thepublichealth and safety and of theenvironment..Insert thefollowing engineering controlsarepart of the remedial action for thesite:Exhibit C2: [Insert thename thefirstengineering control]: Exhibitincludesnarrativedescription on Insertthename thefirstengineering controlfollows:(A)General Description of the engineeringcontrol:(1)Description theengineering control;(2)The objective theengineeringcontrol; (3)How theengineering control intended function.(B)Description of the operation and maintenancenecessaryto ensurethat:(1)Periodic inspections eachengineeringcontrolareperformed order determine itsintegrity, operability, and effectiveness;(2)Each engineering controlcontinues designedintendedprotect thepublichealthand safety and the environment;(3)Each alteration, excavation or disturbance of any engineeringcontrol is timely andappropriately addressed to maintain theintegrity of the engineeringcontrol;(4)This engineering controlbeinginspected and maintained and its integrityremainsthattheremedial action continues protective of the publichealthand safetyand of theenvironment;(5)record of theselfinspection dates,name oftheinspector, results theinspection ondition(s) of this engineering control. Sampling, for example, may be necessaryif it is notpossible to visually evaluate the integrity/performance thisengineering control;(6)Any new standards, regulations, or laws apply to the site that might necessitate additionalsampling in order to evaluate the protectiveness theremedial action which includes thisDeed Notice, conduct thenecessarysampling.(C)Description thefollowing items thatwillincluded the biennialcertification: Remedial Action Permits for Soils Guidance Version 0.0 02/24/2010 14 of 20 (1)monitoring report thatdescribes the specific activities, pursuant to (A) and (B), above,conducted support thebiennialcertification of theprotectivenessof the remedial actionthatincludesthisDeed Notice;(2)The engineering controlscontinue operatedesigned; (3)The remedial action thatincludes the engineeringcontrolcontinues protectivethepublichealthand safety and of the environment.Repeat the contents of Exhibit C2, renumbering accordingly, foreachseparate engineeringcontrol that ispart of theremedial action forthesite.SIGNATURES.IN WITNESS WHEREOF,Owner hasexecuted thisDeed Noticethe date first written above.[If Owner is an individual]WITNESS:[Signature][Print namebelowsignature][If Owner iscorporation]ATTEST:[Name of corporation] By [Print name and title][Signature][If Owner is general or limited partnership]WITNESS:[Name of partnership] General Partner [Signature][Print name][If Owner is an individual]STATE OF [State where document is executed]SS.:COUNTY OF[County where documentis executed] certify that on_, 20[Name of Owner] personally camebeforeme, this person acknowledgedunder oath, to my satisfaction, thatthisperson [ormore thanperson,each person](a)named personally signed thisdocument; (b)signed, sealed and delivered thisdocument his her act Notary Public [Print Name andTitle] [If Owner iscorporation] Remedial Action Permits for Soils Guidance Version 0.0 02/24/2010 15 of 20 STATE OF [State where documentis executed]SS.: COUNTY OF[County where documentis executed] certify that on_, 20[Name ofperson executing document on behalf ofOwner] personally camebefore me, thisperson acknowledged under oath, to my satisfaction, that: (a)thisperson is the [secretary/assistant secretary] of [Owner], thecorporation named in this document;(b)thisperson theattesting witness thesigning ofthisdocument theproper corporateofficerwhothe[president/vice president] thecorporation;(c)thisdocument was signed and delivered thecorporation itsvoluntaryactandwas dulyauthorized;(d)thisperson knows thepropersealthecorporation whichwas affixed to this document;(e)thisperson signed thisproofattestthetruththesefacts.[Signature][Print name and title of attesting witness] Signedswornbefore NotaryPublic [Print name and title][If Owner ispartnership]STATE OF [State where document is executed]SS.:COUNTY OF[County where documentis executed] certify that on_, 20[Name of person executing document onbehalf of Owner] personally camebeforeme, thisperson acknowledged under oath, to my satisfaction, that this person: (a)is general partner of [Owner], the partnership named in this document;(b)signed, sealed delivered thisdocument his orheract deedhis capacity general partner [owner]; and Remedial Action Permits for Soils Guidance Version 0.0 02/24/2010 16 of 20 (c)thisdocument wassigned anddeliveredsuchpartnership asits voluntary act, duly authorized.[Signature] General Partner [Print Name] NotaryPublic [Print name and title] Remedial Action Permits for Soils Guidance Version 0.0 02/24/2010 17 of 20 ATTACHMENT Calculating Financial AssuranceThefollowingexceldocumentcanprovidethepermiteewiththenecessaryinformationdeterminehowmuchfinancialassurancewillbe basedpresentworth.The documentcan be appliedfor engineeringcontrolsfor soilsas wellforgroundwater.Commerciallyavailablesoftwaresystemsthatcanusedcalculatedfinancialassurance.CostProRACER(RemedialActionCostEngineeringandRequirements)Othercommerciallyavailableengineeringcostprojectionsoftwarethatcandevelopcostprojectionsforthemaintenance engineering control.TheLSRPcandevelopindependentlytheamountfinancialassurancerequiredprovidingallcostsrelatedthemonitoringmaintenancetheengineeringcontrolforitslifetime.TheLSRPwillprovidelisthowthecostswerederivedpartthecostestimatedforfinancialassurance.Instructionsto use the Financial Assurance Calculator (optional)Thepermiteeshouldonlyfilltheyellowboxes(quantityandunitcosts)thatapplytheirengineeringcontrol.Theworksheetwillincludecapitalcostsassociatedwiththedesignandconstructiontheengineeringcontrolwellannualoperationmaintenancecostsforthedurationtheengineeringcontrol(30years).ThepermiteeworkingwiththeirLSRP canalso develop costs forengineering controls that will place forshorter time merely modifying thelife spantheengineeringcontrol. some thecategoriesidentifiednotapplythedesignandconstructionengineering control,thepermiteeshouldenterforquantityforunitcoststheyellowboxes.Toaccessthefollowingworksheet,theapplicantshoulddoubleclicktheExcelworksheet. Remedial Action Permits for Soils Guidance Version 0.0 02/24/2010 18 of 20 Attachment(continued)Calculating Financial Assurance Quantity Unit Unit Cost Item Cost I. Institutional Controls lump $ - II. Site Preparation Mobilization/Setup lump $ - Erosion and Sediment Controls lump $ - Subtotal $ - III Demolition Demolition and Crushing/Grading Debris lump $ - Relocating and Grading of Sediments/Soil cy $ - Subtotal $ - IV Engineer Cover System Sub - base layer (6" General Fill) cy $ - Geosynthetic Clay Liner sf $ - 60 mil HDPE Liner sf $ - Geonet Drainage Layer sf $ - Protective Geotextile sf $ - 18" General Clean Fill cy $ - 6" Topsoil cy $ - Mulching/Seeding 1,000 sf $ - Subtotal $ - V. Construction Direct Construction Total (DCT) $ - Indirect Construction (20% of DCT) $ - Construction Total $ - VI. Predesign Investigation (Total) Supplemental Ground Water Investigation Building Survey Soil/Sediment Characterization Remedial Action Permits for Soils Guidance Version 0.0 02/24/2010 19 of 20 ATTACHMENT Guidance DocumentsGuidance fortheSubmissionandUseofDataGIScompatibleformatsTheGuidancefor the Submissionand Use of Data In GIS Compatible FormatsPursuant"Technical Requirements forSite Remediation"(TECHGIS2)”is available on the Site RemediationWeb pageat: http://www.nj.gov/dep/srp/guidance/techgis/ Field Sampling Procedures Manualhttp://www.nj.gov/dep/srp/guidance/fspm/ The August 2005 edition of NJDEP’sField Sampling Procedures Manualreplacestheeditionthemostcurrenttechnical guidanceassociated with procedures and equipmentutilized for the collection of environmentalsamples. It alsorepresents thefirsteditionpublished ontheWorld Wide Web, which bringsthe benefit of improved access to informationforthepublicregulatedmmunity.The primary intent of the manual has always been to promote accuracy andconsistency when environmental samples arecollected andprepared forchemical analysis public andprivate entities. The validity of analytical data isdirectlydependent the integrity of the fieldprocedures employed obtain sample. Themethods and proceduresdescribedherein areintended foruse thoseStateof NewJerseyregulatory agencies thatrequirechemical, physical and certainbiological analysis samples forremedialevaluationand monitoringpurposes. Sincethese methods areapplicable such wide varietyregulatory programs throughout the Department, any site and/orregulatory specificquestions/ issuesregardingparticularsamplingtechniquemust be discussedwith the applicable program personnelprior to goingout into the field.Field Analysis Manuelhttp://www.nj.gov/dep/srp/guidance/fam/ Thismanualwillprovide technical guidance on how complywiththe department's TechnicalRequirements for SiteRemediation(N.J.A.C. 7:26E)withregard fieldanalysis and willpromote greater consistency enhance thedepartment'sability to evaluate sample results. The procedures andquality assurance/quality control requirementshaveplaced into document thatit clear thoseindividuals performingfield analysiswhat is expected of them.Themanual includesmethod summaries, advantagesanddisadvantages, detectablecompounds qualityassurance/quality control requirements. Each project containsvariablesthat must be factoredinto final field analysisplan, but use of this manual will providelevel of confidence whenpresenting the field analysisportion of project planforthedepartment'sreview.Remediation Standardshttp://www.nj.gov/dep/srp/guidance/rs/ June 2008, theDepartment adopted Remediation Standardsrules N.J.A.C. 7:26D. Thesoil remediationstandardscontained those rules are effective June 2, 2008.The groundwater surface waterremediation werepreviously effective at N.J.A.C. 7:26E1.13. The RemediationStandardsrules and Basis Background documents areavailable at http://www.nj.gov/dep/srp/regs/rs/ GuidanceDocumentfor the Remediation ofContaminatedSoilshttp://www.nj.gov/dep/srp/regs/soilguide/ AlthoughthisGuidance Document fortheRemediation Contaminated Soils provides assistance choosing anappropriate action at specific site, the reader is reminded thattheTechnical Requirements N.J.A.C.7:26E isthecomplete finaltechnical authorityfortheremediation process. It includes an extensive, although not comprehensive,list of remedial actionsthat have proven trackrecords or have been stated asbeing effective by USEPA forremediatingsoilimpactedparticularcontaminants. Noninclusion specific type of remedial action in this guidance documentdoes not preclude its use orindicate that it will not be effective forparticularcontaminant orsituation. It will, however,require justification on technical basis.Naturalattenuation willconsidered on casecase basis. Remedial Action Permits for Soils Guidance Version 0.0 02/24/2010 20 of 20 This guidancedocument describes fourtypes of remedial actions: excavation, treatment, reuse, and capping. Each type isdescribed its ownsection intended provide extensive information samplinginvestigative proceduresat site. Refer to the Technical Requirements(seenext section)and the NJDEP FieldSamplingProcedures Manualhttp://www.nj.gov/dep/srp/guidance/fspm/