N.J. Admin. Code § 7:26F-7.2

Current through Register Vol. 56, No. 18, September 16, 2024

Section 7:26F-7.2 - Remedial action reports

(a) The owner shall prepare a remedial action report that includes the following:

1. A description of all remedial actions taken at the site;

2. A list of all variances from the requirements of this chapter submitted pursuant to N.J.A.C. 7:26F-1.10;

3. A description of the physical conditions of the site, including, but not limited to, the topography, geology, hydrogeology, and proximity to surface water and wetlands;

4. The total amount of contaminated soil and ground water disposed of or treated;

5. The total cost of the remediation;

6. A scaled site map(s) that contains the following:

i. A north arrow and a bar scale;

ii. The location of: each former heating oil tank system; all structures, including, but not limited to, buildings, potable wells, storm drains, and septic systems; and the property boundaries;

iii. The boundaries of the soil excavation and each area remediated;

iv. The location of each post-excavation soil sample, with the corresponding sample depth, analytical results, and date that each sample was collected;

v. If ground water was investigated or remediated, then the location of all ground water monitoring points, the horizontal and vertical extent of the contaminant plume, and the expected or determined downgradient ground water flow direction;

vi. If vapor intrusion was investigated or remediated, then the location of all vapor intrusion sampling points; and

vii. If potable wells or irrigation well used for potable purposes were investigated, then the location of all sampling points;

7. A copy of all monitoring well and available potable well records and well construction details, including the depth to ground water, a description of each soil boring, well purging methods, and ground water sampling methods, if applicable;

8. Photographs documenting the condition of each tank and the sides and bottom of each excavation, if available;

9. The following documentation, if clean fill material is used in the excavation, including:

i. Copies of sample results;

ii. A description of the source of the clean fill material;

iii. A copy of the bill of lading documenting the source(s) of clean fill, including the street, town, lot and block, county, and state from which the clean fill originated;

iv. A brief history of the source of the clean fill;

v. A copy of the certificate of destruction for contaminated soil that has undergone treatment; and

vi. A statement from the environmental professional that the clean fill is of equal or lesser permeability than the soil removed from the heating oil tank system excavation;

10. The following information, if licensed quarry/mine material is used in the excavation:

i. Identification of the source of the delivered licensed quarry/mine material;

ii. A statement from the quarry operator that the licensed quarry/mine material has not been subject to a discharged hazardous substance at any time;

iii. A description of any steps taken to document or confirm the statement in (a)10ii above; and

iv. A statement from the environmental professional that the licensed quarry/mine material is of equal or lesser permeability than the soil removed from the heating oil tank system excavation;

11. A copy of the disposal receipts for all contaminated soil, tank contents, and contaminated ground water, if applicable;

12. All analytical data, including:

i. Soil sample results in tabular form including sample depth, the applicable soil remediation standard(s), the date on which each sample was collected, and the sample name, data qualifier(s), and reporting limit(s);

ii. Ground water sample results in tabular form including sample depth, the applicable ground water remediation standard(s), the date on which each sample was collected, and the sample name, data qualifier(s), and reporting limit(s);

iii. Potable well or irrigation well used for potable purposes sample results in tabular form for each well that had no exceedance of any ground water remediation standard, including the applicable ground water remediation standard, the date on which each sample was collected, the sample name, data qualifier(s), and reporting limit(s), and a copy of the explanation given to each property owner and occupant (if applicable) of the potable well sample results, if applicable;

iv. Vapor intrusion analytical results in tabular form for each building with an incomplete vapor intrusion pathway, including the type of sample (sub-slab, indoor air, or ambient), the applicable screening level(s), and the date on which each sample was collected, if applicable;

v. One copy of all sample chain of custody forms, analytical summary tables, and nonconformance summaries from a laboratory certified pursuant to the Regulations Governing the Certification of Laboratories and Environmental Measurements, N.J.A.C. 7:18;

vi. A statement of data usability based on any problems or issues associated with sample collection or transportation, chain of custody, or laboratory analysis;

vii. The disk(s) containing reduced data deliverables for each soil and non-potable ground water sample pursuant to the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-2.1(a)15ii; and

viii. One copy of the full data deliverables for all potable water and vapor intrusion sampling (including sub-slab, indoor air, and ambient) pursuant to the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-2.1(a)15i, if applicable;

13. Electronic data deliverables as follows:

i. For unregulated heating oil tank systems at residential buildings and residential above ground heating oil tank systems, electronic deliverables are not required; and

ii. For unregulated heating oil tank systems at non-residential buildings and small, non-residential above ground heating oil tank systems, electronic data deliverables pursuant to the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-1.6(a)5;

14. Documentation of all actions taken under N.J.A.C. 7:26F-1.7 to obtain access to property that the owner does not have legal or equitable title, if applicable;

15. Either a copy of the draft deed notice prepared pursuant to N.J.A.C. 7:26F-3.7(b)2prior to filing, or a statement that the owner is applying the small quantity exception pursuant to N.J.A.C. 7:26F-3.7(b)3, if residual contamination remains on the property, if applicable;

16. A copy of the ground water remedial action permit, including all attachments, if applicable;

17. A copy of the ecological receptor evaluation prepared pursuant to N.J.A.C. 7:26F-6.4, if applicable; and

18. A copy of the ecological risk assessment prepared pursuant to N.J.A.C. 7:26F-6.4(b)3, if applicable.

N.J. Admin. Code § 7:26F-7.2

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