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Biennial Certification Form Guidance & Instructions
New Jersey Department of Environmental Protection Guidance for the Preparation of a Biennial Certification Monitoring Report for a Ground Water Classification Area (CEA)** Please note for clarification purposes Classification Exception Area shall be referred to as CEA for the remainder of the document. The purpose of this guidance is to facilitate compliance with the continuing obligations that certain persons have (i.e., “persons responsible”, see below) concerning engineering and institutional controls that are part of a cleanup of a contaminated site. The Technical Requirements for Site Remediation (see, N.J.A.C. 7:26E-8.4) require the persons responsible to maintain the engineering and institutional controls that are part of a remedial action for a contaminated site to: (1) maintain those controls, (2) perform periodic monitoring for compliance, and (3) submit biennial certifications to the Department that the engineering and institutional controls are being properly maintained and continue to be protective of public health and safety and of the environment. The benefits of the Department’s Covenant Not to Sue, for a site, may not be maintained if these biennial certifications are not made. These biennial certifications must also state the underlying facts and include the results of any tests or procedures performed to support the certification. Please note below the regulations applicable to all sites utilizing engineering and institutional controls. Copies of these regulations may be obtained by contacting the: New Jersey Office of Administrative
Law Publications Or by logging onto our web site at: Please refer to the complete regulations for specific requirements and /or revisions. A list of the applicable regulations is included in Attachment 1: Comparison of Applicable Laws and Regulations. Following is a condensed list of definitions and requirements: Monitoring Report for the Biennial Certification Include with the written monitoring report for the biennial certification an electronic copy of the report and certification in a read only format acceptable to the Department. Review Fee Submission of Sampling Data Person Responsible The persons responsible for monitoring the protectiveness of a remedial action that includes an engineering and/or institutional control and for submitting the biennial certifications pursuant to this subchapter include, without limitation, each of the following:
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