N.J. Admin. Code § 7:26F-3.7

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:26F-3.7 - Residual contamination

(a) If an owner does not implement an unrestricted use soil remedial action pursuant to N.J.A.C. 7:26F-3.6, an owner may implement a soil remedial action pursuant to one of the alternatives at (b) below, which allow residual contamination to remain, if:

1. As to ecological receptors, there is no impact to any ecological receptor, as determined by N.J.A.C. 7:26F-6.4, or the impact to any ecological receptor is mitigated; and

2. As to ground water:

i. Property conditions did not require a ground water investigation pursuant to N.J.A.C. 7:26F-4;

ii. The owner conducted a ground water investigation that did not identify any ground water contamination above the applicable ground water remediation standards, N.J.A.C. 7:26D-2; or

iii. The owner implemented a ground water remedial action that remediated the concentration of all contaminants in ground water to or below the applicable ground water remediation standards, N.J.A.C. 7:26D-2.

(b) An owner shall implement one of the following:

1. A limited restricted or restricted use soil remedial action, as applicable, pursuant to the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C, and the Technical Requirements for Site Remediation, N.J.A.C. 7:26E, which shall include, without limitation:

i. If the property is owned by another person, obtaining the property owner's written agreement for the owner to implement a soil remedial action where residual contamination remains on the property or containment is the remedy for free product;

ii. Recording, or having the person who owns the property record, a deed notice, pursuant to N.J.A.C. 7:26C-7.2, for the area where residual contamination remains on the property or containment is the remedy for free product;

iii. Obtaining a soil remedial action permit pursuant to N.J.A.C. 7:26C-7; and

iv. Paying all applicable fees.

2. A soil remedial action for a residential property at which remediation of an on-site discharge is impeded because the soil contamination is located under a residential building, a paved area, or a capped easement (for example, a sidewalk containing utilities), provided:

i. If the property upon which the on-site residual contamination remains is owned by another person, obtaining the property owner's written agreement for the owner to implement a soil remedial action by which residual contamination remains on the property;

ii. All soil contamination not located under a residential building, a paved area, or a capped easement is remediated pursuant to N.J.A.C. 7:26F-3.6;

iii. There is no free product remaining;

iv. A Deed Notice prepared pursuant to N.J.A.C. 7:26F Appendix A is placed on the property; and

v. As part of the application for a heating oil tank system no further action letter in accordance with N.J.A.C. 7:26F-7, the owner submits to the Department:

(1) A remedial action report that includes the information at (c) below; and

(2) A draft deed notice prepared pursuant to N.J.A.C. 7:26F Appendix A.

3. A soil remedial action for a residential property at which remediation of an on-site discharge results in less than 15 cubic yards of residual contamination under a residential building, provided that:

i. If the property upon which the on-site residual contamination remains is owned by another person, obtaining the property owner's written agreement for the owner to implement a soil remedial action by which residual contamination remains on the property;

ii. All soil contamination not located under a residential building is remediated pursuant to N.J.A.C. 7:26F-3.6; and

iii. As part of the application for a heating oil tank system no further action letter in accordance with N.J.A.C. 7:26F-7, the owner submits to the Department, a remedial action report that includes the information at (c) below.

(c) For a remediation in accordance with (b)2 and 3 above, as part of the remedial action report that the owner submits to the Department with an application for a heating oil tank system no further action letter in accordance with N.J.A.C. 7:26F-7, the owner shall provide:

1. Written documentation that:

i. The owner has met the requirements of (b)2 or 3 above, as applicable;

ii. The remediation of the residual contamination on the residential property where the discharge occurred is impeded because it is located under a building, a paved area, or a capped easement (for example, a sidewalk containing utilities), including:

(1) Data that establish the horizontal and vertical extent of the residual contamination; and

(2) A narrative description and a map of the location of the residual contamination under the building, paved area, or capped easement;

2. A description of all steps that the owner has taken to remediate soil contamination prior to determining not to remediate the contaminated soil; and

3. A description of why further remediation is impeded or is otherwise impracticable.

(d) If the Department approves the application for a heating oil tank system no further action letter for the remediation of a site on which residual contamination remains, then the Department shall issue a heating oil tank system no further action letter that notes the presence of the residual contamination.

N.J. Admin. Code § 7:26F-3.7

Adopted by 50 N.J.R. 1715(b), effective 8/6/2018