Asserting they are clarifications, DEP proposes to require focused response actions before constructing a permanent building over or adjacent to contaminated soil. The MCP now prohibits construction that would interfere with response actions. This revision would codify DEP’s current Construction Policy. The proposal similarly would prohibit managing contaminated groundwater and excavating, treating or disposing of soil above target thresholds under a Limited Remedial Actions (LRA).
- Eliminating public notices for Tier 1 sites in the Environmental Monitor;
- Requiring that local officials be sent a copy of the release notification form that clearly describes the site location;
- Requiring notice to property owners of the right to the results of sampling on their property;
- Requiring notice to owners and occupants of properties affected by remedial actions addressing imminent hazards or a critical exposure pathways;
- Requiring written notice to owners of property within site boundaries; and
- Clarifying that local officials must be notified of RAMs that are approved orally as continuations of LRAs.