Procedure Clarification for Responsible Party and LSRP when Immediate Environmental Concern (IEC) is identified.

The following is to clarify the procedures to be followed by both the person responsible for conducting the remediation and the licensed site remediation professional when an immediate environmental concern (IEC) is identified at a contaminated site:

An Immediate environmental concern (IEC) means a condition at a contaminated site where there is: (1) confirmed contamination in a well used for potable purposes at concentrations at or above the groundwater remediation standards; (2) confirmed contamination that has migrated into an occupied or confined space producing a toxic or harmful atmosphere resulting in an unacceptable human health exposure, or producing an oxygen-deficient atmosphere, or resulting in demonstrated physical damage to essential underground services; (3) confirmed contamination at the site of a nature that either dermal contact, ingestion, or inhalation of the contamination could result in an acute human health exposure; or (4) any other condition that poses an immediate threat to the environment or to the public health and safety (N.J.S.A. 58:10C-2).

In accordance with the Site Remediation Reform Act, N.J.S.A. 58:10C-16j., if a licensed site remediation professional identifies a condition at a contaminated site that in his independent professional judgment is an IEC, then the licensed site remediation professional shall: (1) immediately verbally advise the person responsible for conducting the remediation of that person’s duty to notify the department of the condition; and (2) immediately notify the department of the condition by calling the department’s telephone hotline.  In addition, pursuant to the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C-1.7b., the person responsible for conducting the remediation shall immediately notify the Department’s hotline at 1-877 WARNDEP or 1-877-927-6337 when an IEC is identified at a site.

However, when sampling is expanded and a newly-impacted receptor is identified, or when resampling a receptor continues to document an IEC condition, it is not necessary to call the Department’s hotline. The exception to this is if the type of IEC that is being investigated changes.  For example, if a potable well IEC is being investigated and a vapor intrusion IEC is identified, then the vapor intrusion IEC must be reported to the Department hotline.

In conclusion, the Department’s hotline should be receiving two phone calls for each IEC condition, one from the LSRP and one from the person responsible for conducting the remediation. When multiple IEC conditions exist at a site such as a potable well IEC and a vapor intrusion IEC, the Department’s hotline should be receiving four (4) calls.  Two of the calls should be from the LSRP (one for each IEC condition) and two calls should be from the person responsible for conducting the remediation (also one for each IEC condition).  If a direct contact IEC also is identified, a total of six (6) phone calls would be made.

Contact the Bureau of Case Assignment and Initial Notice (BCAIN) for more information at 609-292-2943.

SRP Site Remediation Reform Act (SRRA) Web site:  www.nj.gov/dep/srp/