Classified Exception Area (CEA)

Ground Water Classification Exception Area Guidance Document

Document Description and Interim Update Information (2013)

The Ground Water Classification Exception Area Guidance Document has not been updated to reflect statutory, regulatory or policy changes adopted after November 1998. The first five pages of the CEA guidance and Appendix A, METHODS OF CLASSIFICATION EXCEPTION AREA DELINEATION provide the most useful information for current submittals. While none of the regulatory citations in the document are correct, the following sections of the guidance are particularly inconsistent with current administrative and regulatory procedures: Department Responsibilities, Public Notice Requirements and Ground Water Monitoring Requirements.

Regulatory citations currently applicable to Classification Exception Areas are in the Ground Water Quality Standards at N.J.A.C. 7:9C-1.6 and 1.9(b), the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-4.3(a)7 and 4.9(a)7, and the Administrative Requirements for Remediation of Contaminated Sites (ARRCS) at N.J.A.C. 7:26C-7.3, 7.5(c)2 and 7.5(d)2.

The ARRCS at N.J.A.C. 7:26C-7.3 contain the requirements for establishing, revising and removing a CEA for existing ground water contamination at a contaminated site, which includes use of the CEA/Well Restriction Area (WRA) Fact Sheet Form. Except as provided by N.J.A.C. 7:26C-2.3(a)3i, the Site Remediation Program will no longer approve any portion of the CEA submittal prior to the public notifications [see N.J.A.C. 7:26C-7.3(a)4], nor use an individual NJPDES permit to establish a CEA, and the “degree of public notice required for a CEA” is no longer dependent on current and projected ground water use [see N.J.A.C. 7:26C-7.3(d)]. In addition, documentation of future ground water use (i.e., use for a 25-year planning horizon) is no longer required as part of the application to establish a CEA, however, this information is required as part of the Remedial Action Protectiveness Biennial Certification report required after a Ground Water Remedial Action Permit is issued [see N.J.A.C 7:26C-7.9(b)3].

Because the CEA Guidance Document has not been updated, the Instructions for the CEA/WRA Fact Sheet Form provide detailed information regarding current regulations and other relevant guidance. The Department will update the CEA guidance as soon as available resources will allow.

The 1998 document is available below: