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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 Deed Notice Inspection Program

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Institutional and Engineering Controls for Soils

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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
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
  • 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
deed notice
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.
types of institutional controls
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)
deed notice6
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
  • 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)
engineering controls
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.
types of eng controls
Types of Eng. Controls
  • Caps
    • Soil/Vegetated
    • Asphalt
    • Concrete
    • Building Footprint
  • Fence/Signs/Bollards
  • Case specific proposals
approval of eng inst controls
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
approval of eng inst controls14
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.
engineering control proposal
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
deed notice16
Deed Notice

Shall be provided in electronic format compatible with the

Departments Geographic Information System (NJAC 7:1 Appendix A) and

Questions: John DeFina - GIS Mapping Coordinator

(609) 633-0537

continued liability
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.
biennial certification
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)
deed notice exhibits
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
deed notice exhibits24
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
deed notice exhibits27
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
removal or modification inst eng controls
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
deed notice inspection program contact information
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

dnip citations
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
model deed notice biennial certification termination of deed notice guidance forms
Model Deed Notice; Biennial Certification; Termination of Deed Notice Guidance/Forms
  • Available in the SRP Home Page at

Regulations and/or Guidance on drop down menu