Navigating New Regulations: What You Need to Know About Artificial Ground Freezing and Well Permitting in New Jersey

The New Jersey Department of Environmental Protection (NJDEP) has recently issued an important compliance advisory that impacts contractors, engineers, remediation experts, and anyone working with Artificial Ground Freezing (AGF) in connection with well drilling and construction. As Environmental Professionals, it’s our job to ensure that our clients, partners, and colleagues stay informed—and compliant.

Here’s what you need to know.

What Is Artificial Ground Freezing and Why Does It Matter?

Artificial Ground Freezing (AGF) is a cutting-edge technique often used to stabilize soil or groundwater conditions, especially during excavation. It’s commonly seen in environmental cleanups and geotechnical projects, where precise control of ground conditions is crucial.

By circulating refrigerants through subsurface pipes, the surrounding ground becomes frozen—creating a temporary but powerful structural support. While the technology itself is impressive, it brings with it new layers of regulatory responsibility in New Jersey.

A Closer Look at the New Compliance Advisory

According to NJDEP’s Compliance Advisory #2025-09, any well that supports AGF must now meet the regulatory standards defined under N.J.A.C. 7:9D – Well Construction and Maintenance; Sealing of Abandoned Wells.

Key highlights include:

  • All wells for AGF purposes are now considered Category 3 wells, which are specifically designated for environmental and geotechnical use.

  • You must hold a valid New Jersey well driller’s license to construct, repair, or decommission any such well.

  • Permits are required before work begins—and for large-scale projects (10+ wells), a sitewide permit may be available.

  • Documentation, including well completion and decommissioning reports, must be submitted within 90 days of activity completion.

Protecting Our Water Resources

Why all the extra precautions? It’s simple: Poorly constructed or decommissioned wells can threaten New Jersey’s groundwater—and ultimately, public health. Improper sealing can create vertical pathways that allow contaminants to travel through different underground layers, bypassing natural protections like clay or bedrock.

This is especially critical at sites with known or potential contamination, like former industrial zones or areas near fuel storage tanks. The new rules underscore the importance of proper grouting, sealing, and documentation, all of which reduce the risk of pollutants migrating into clean aquifers.

What This Means for Project Teams

If you’re involved in a project that includes soil stabilization, remediation, or any use of AGF technology, here’s your action list:

  • Plan ahead: Secure a licensed well driller and understand the permit requirements early.

  • Review the full N.J.A.C. 7:9D rule set—not just the highlights.

  • Keep records: Submit your well documentation on time to stay in good standing.

  • Ask questions: The NJDEP encourages outreach. Contact Steve Reya from the Bureau of Water Allocation and Well Permitting at Wellpermitting@dep.nj.gov or (609) 984-6831.

Final Thoughts

This advisory reflects NJDEP’s ongoing commitment to protecting New Jersey’s natural resources. As environmental professionals, we welcome these updates—they reinforce the importance of high standards in environmental remediation and site development.

If your upcoming projects involve AGF or complex subsurface work, make sure compliance is baked into your strategy from the start.

For more information, visit the NJDEP’s Division of Water Supply & Geoscience website.

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