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Marc Policastro Authors Q&A On Groundwater Cleanup Standards

In New Jersey, if groundwater contamination exists above applicable cleanup standards, is it always necessary to fully remediate groundwater to meet applicable cleanup standards?

March, 2010, New Jersey Tech News - No. The New Jersey Department of Environmental Protection (“NJDEP”) will permit “exceptions” to strict compliance with the State’s “Groundwater Cleanup Standards”. NJDEP will approve a Classification Exception Area (“CEA”), authorizing an owner or operator to leave groundwater contamination in place, without aggressively remediating the particular constituents at issue. In certain cases, a CEA may also be.approved in the context of an active remediation strategy. In all cases, theapplicant must demonstrate the anticipated duration or “term” of the CEA, or the point at which it is anticipated that contamination will sufficiently degrade to meet strict compliance. Applicants must also map the boundaries of the proposed CEA and identify the particular contaminants that will be subjecttothe exception. The NJDEP will also require applicants to address the presence or absence of potable wells and receptors. Significantly, both residential and commercial development may be achieved in concert with CEAs and other related controls authorized by NJDEP. View PDF

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Tags: Marc D. Policastro, Environmental

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