NJDEP UPDATES 7:26E TECHNICAL REQUIREMENTS FOR SITE REMEDIATION

New Jersey Department of Environmental Protection (DEP) Commissioner Bradley M. Campbellannounced the issuance of updated Technical Requirements for Site Remediation. Included are:

• Regulations to expedite testing of drinking water wells at risk of contamination and to helpprospective purchasers of Brownfields sites obtain and redevelop these properties.

• The new requirements are included in the re-adoption and amendments of DEP’sTechnical Rules, which were last updated in 1999.

• For the first time, the new rules formally adopt cleanup standards for ground and surfacewaters. These rules also expand the requirements for long-term monitoring of restrictedproperties to prevent exposure to soil and ground water contamination remaining at a site.

• DEP is adding new requirements for more immediate testing of potentially impacteddrinking water wells when ground water contamination is first detected.

• To promote Brownfield sites redevelopment, DEP will permit non-liable developers toperform a well survey and potable well sampling within 30 days after purchasing acontaminated property, rather than requiring these activities prior to purchase. This provisionoffers an effective balance by letting Brownfields site redevelopers get to closing whileensuring the timely protection of public health.

• The newly revised Technical Rules also incorporate New Jersey's Ground Water QualityStandards and Surface Water Quality Standards as the minimum remediation standardsfor ground and surface water.

• A related provision included in the amendments now requires that current ground water useand the potential for human and environmental exposure be considered when determiningan appropriate remedial action for ground water contamination.

• In addition, DEP is requiring more complete long-term monitoring and reporting whencleanup work is finished, but contamination remains. In these cases, restrictions such asinstitutional and engineering controls are implemented to prevent any future exposure to thecontamination.

The regulations appeared in the New Jersey Register on February 3, 2003.

A summary of the DEP Tech Rules prepared by RT follows.

An RT Regulations Summary

KEY HIGHLIGHTS

SEE PAGE

PRELIMINARY ASSESSMENTS 8

WELL SEARCH REQUIREMENTS [NEW] 14 & (Table 3 - pg 15)

UPGRADIENT CONTAMINATION NOTIFICATION REQUIREMENT 16

BACKGROUND ELEVATED SOIL CONCENTRATIONS 23

ECOLOGICAL EVALUATIONS 23

HISTORIC FILL 24 & 30

ELECTRONIC DELIVERABLES 24

WELL DECOMMISSIONING REQUIREMENTS 29

REMEDIAL ACTION SCHEDULE AND PROGRESS REPORTS [NEW REQUIREMENTS] 46

ENGINEERING AND INSTITUTIONAL CONTROLS [NEW] 49

BIENNIAL REPORT AND CERTIFICATION REQUIREMENTS [NEW] 54

SAMPLING REQUIREMENTS BY AOC TYPE Blue Pages

LIST OF TABLES

SEE PAGE

2. ANALYTICAL REQUIREMENTS FOR PETROLEUM DISCHARGE 9AND STORAGE AREAS

3. PRELIMINARY ASSESSMENT REQUIREMENTS 10

4. WELL SEARCH REQUIREMENTS 15

5. TYPES OF REMEDIAL ACTION 34

6. RAW OUTLINE/REQUIREMENTS 38

7. UST CLOSURE REQUIREMENTS 39

8. POST REMEDIAL ACTION REQUIREMENTS - SOILS 43

9. POST REMEDIAL ACTION REQUIREMENTS - GROUNDWATER, SOIL AND 44WETLANDS RESTORATION, WELLS AND SOIL FILL

10. SOIL REUSE SAMPLING REQUIREMENTS 45

11. REMEDIAL ACTION PROGRESS REPORT REQUIREMENTS 47

12. REMEDIAL ACTION REPORT REQUIREMENTS 48

13. CEA SUBMITTAL REQUIREMENTS 53

14. MONITORING, MAINTENANCE AND BIENNIAL REPORT AND CERTIFICATION 56REQUIREMENTS FOR DEED NOTICES AND DERS

15. MONITORING, MAINTENANCE AND BIENNIAL REPORT AND CERTIFICATION 57REQUIREMENTS FOR GROUNDWATER CEAs

16. MONITORING, MAINTENANCE AND BIENNIAL REPORT AND CERTIFICATION 59REQUIREMENTS FOR OTHER AREAS WITH ENGINEERING OR INSTITUTIONAL CONTROLS

LIST OF FIGURES

1. SITE REMEDIATION FLOW CHART

TABLE 3

TYPES OF REMEDIAL ACTION

ACTIVE GROUNDWATER REMEDIAL ACTION

DEED NOTICE

ENGINEERING CONTROLS (Includes caps, fences, remediation systems and others)

GROUNDWATER CLASSIFICATION EXCEPTION AREAS

INNOVATIVE REMEDIAL ACTION TECHNOLOGY

INSTITUTIONAL CONTROLS (Includes CEAs, Deed Notices and DERs)

INTERIM RESPONSE

LIMITED RESTRICTED USE REMEDIAL ACTION (Requires Institutional Controls but notEngineering Controls)

NATURAL GROUNDWATER REMEDIATION

REMOVAL

RESTRICTED USE STANDARD (means that a site was remediated only to a point wherecertain restricted uses can occur)

TREATMENT

1

DETAILED PROVISIONS INCLUDE:

Effective Date

Any work conducted after adoption publication date(2/3/03) shall be in full compliance with this chapter,except that work conducted pursuant to workplanswhich were submitted to the Department prior toadoption publication date may be conductedpursuant to N.J.A.C. 7:26E in effect as of August 2,1999, as long as work is conducted within sixmonths of Department approval of the workplan.

7:26E-1.4- Notification

The person responsible for conducting theremediation, excluding remediations of areas ofconcern that consist of underground storage tanksstoring heating oil for on-site consumption in a oneto four family residential building, shall notify thefollowing persons in writing:

1. The Department, prior to the initiation ofany sampling activities at a contaminatedsite which is not already known to theDepartment pursuant to either aDepartment regulatory reportingrequirement or Department oversight of theremediation;

2. The municipal clerk of each municipalityin which the site is located, if the site is notRCRA or CERCLA subject, 45 calendardays prior to:

i. The submission of the remedialaction selection report to theDepartment pursuant to N.J.A.C.7:26E-5.2; or

ii. The finalization of the engineeringdesign plans for the selected remedialaction of sites being remediated whereDepartment pre-approval of a remedialaction workplan is not required orsought; and

3. The Department, and the municipal clerkof each municipality in which the site islocated, 45 calendar days prior to theimplementation of the remedial actionwhen Department pre-approval of theremedial action workplan is not requiredunless written notification has otherwisebeen provided.

(b) Whenever immediate environmentalconcern conditions are identified, the personresponsible for conducting the remediation

shall immediately notify the Department casemanager or the hotline (609-292-7172) if nocase manager is assigned or the case manager is unavailable.Stabilization of the immediate environmentalconcern condition shall be initiated immediatelyunder Department oversight pursuant toN.J.A.C. 7:26C. If an interim response action inresponse to an immediate environmentalconcern is to be conducted, the personresponsible for conducting the action shallimmediately notify the Department and themunicipal clerk of each municipality in which thesite is located of the intent to conduct the interimresponse action. If the remediation is beingconducted in response to an emergencysituation the notifications to the Departmentrequired pursuant to (a) above will be satisfiedthrough compliance with N.J.A.C. 7:1E.

7:26E-1.6 DOCUMENTING COMPLIANCE WITHTHE TECHNICAL REQUIREMENTS

(a) All work being conducted at a site pursuantto this chapter, whether or not being done withDepartment oversight, shall be documentedand included in reports which follow the formatand contain the information required pursuantto the reporting sections of N.J.A.C. 7:26E-2through 8.

(b) When the remediation is conducted withDepartment oversight, the person responsiblefor conducting the remediation shall submitworkplans (if applicable) and reports in a timelymanner pursuant to the schedule contained inthe oversight document.

(c) In order to provide flexibility in the technicalrequirements for site remediation described inthis chapter, the Department has identifiedcertain limited situations, as specified, whenalternate sampling, analytical, or investigatorymethods may be used without Department pre-approval.

(d) Any person responsible for conducting theremediation may petition the Department for avariance from any of the requirements inN.J.A.C. 7:26E-2 through 6 inclusive pursuant tothe procedural criteria in (d)1 and thesubstantive criteria in (d)2.

7:26E-1.7 CRITERIA FOR GOING BEYOND THEMINIMUM TECHNICALREQUIREMENTS

(a) The Department may require additional workbeyond the minimum technical requirements set

2

forth in this chapter for whenever necessary forthe Department to ensure adequate protection ofhuman health and the environment, based on:

1. The number or magnitude of the discharge(s) being investigated;

2. The nature of the substancesdischarged;

3. A change in the certification or otherauthorization of the laboratory performinganalyses previously submitted for the sitein question or any other site;

4. The identification of additional exposurepathways not otherwise fully investigatedpursuant to the minimum requirements;

5. The identification of additional receptorsnot otherwise fully investigated pursuant tothe minimum requirements;

6. Distance to and sensitivity of receptors;

7. When the Department determines thatadditional data or information is needed tofully evaluate the site; and

8. Any other site-specific conditions theDepartment identifies which necessitatethe need for additional work.

7:26E-1.8 KEY DEFINITIONS

"Area of concern" means any existing or formerlocation where hazardous substances, hazardouswastes, or pollutants are or were known orsuspected to have been discharged, generated,manufactured, refined, transported, stored, handled,treated, disposed, or where hazardous substances,hazardous wastes, or pollutants have or may havemigrated, including, but not limited to, all current andformer:

1. Bulk storage tanks andappurtenances, including, withoutlimitation:i. Tanks and silos;ii. Rail cars;iii. Piping, above and below groundpumping stations, sumps and pits;andiv. Loading and unloading areas;

2. Storage and staging areas, including:i. Storage pads and areas;ii. Surface impoundments and

lagoons;

iii. Dumpsters; andiv. Chemical storage cabinets or

closets;

3. Drainage systems and areas,including, without limitation:i. Building floor drains and piping,

sumps and pits, includingtrenches and piping from sinksthat potentially receive processwaste;

ii. Roof leaders (when processoperation’s vent to roof);

iii. Drainage swales and culverts;iv. Storm sewer collection systems;v. Storm water detention ponds andfire ponds;vi. Surface water bodies;vii. Leach fields; andviii. Dry wells and sumps;

4. Discharge and disposal areas,including, without limitation:i. Areas of discharges pursuant to

N.J.A.C. 7:1E;ii. Waste piles as defined by N.J.A.C.

7:26;iii. Waste water treatment, collection

and disposal systems, including,without limitation, septic systems,seepage pits and dry wells;

iv. Landfills;v. Landfarms;vi. Sprayfields;vii. Incinerators; andviii. Historic fill material areas or any

other fill material areas;

5. Other areas of concern, including,without limitation:i. Electrical transformers and

capacitors;ii. Hazardous materials storage or

handling areas;iii. Waste treatment areas;iv. Discolored areas or spill areas;v. Open areas away from production

operations;vi. Areas with stressed vegetation;vii. Other discharge areas;viii. Underground piping including

industrial process sewers;ix. Compressor vent discharges;x. Non contact cooling water

discharges;xi. Areas that may have received

floodwater or stormwater runofffrom potentially contaminatedareas; and

3

xii. Any other area suspected orcontaining contaminants;

6. Ground water areas of concern,including, without limitation, present orpast regulated activities under the NewJersey Pollutant Discharge EliminationSystem (NJPDES) Discharge toGround Water regulations, N.J.A.C.7:14A, including: seepage pits; drywells; lagoons; and septic systemswhich received industrial waste; and

7. Surface water areas of concern,including, without limitation, all surfacewater areas and associated sedimentwhich receive or may have received anypoint or non-point source dischargefrom the site.

“Background groundwater contamination” meansconcentrations of hazardous substances,hazardous waste and pollutants in groundwater thatoriginated from either natural sources (that is, non-man-made) or upgradient, offsite discharges (thatis, man-made, non-site related discharges). Background groundwater contamination mayinclude, but is not limited to, the same contaminantspresent both on the site and off the site atupgradient locations, or parent contaminantsdetected off the site at upgradient locations anddaughter products of these parent contaminatesdetected on the site.

"Deed notice" means a document which is identicalin wording to N.J.A.C. 7:26E, Appendix E and whichprovides notice of the following for a specific realproperty:

1. That the contamination on the realproperty exists at a level above theapplicable unrestricted use soilremediation standards;

2. The restrictions to the applicableproperty due to contamination; and

3. The engineering controls applicable tothe property.

“Diligent inquiry” means:

1. Conducting a diligent search of alldocuments which are reasonably likelyto contain information related to theobject of the inquiry, which documentsare in such person's possession,custody or control, or in thepossession, custody or control of anyother person from whom the personconducting the search has a legal right

to obtain such documents; and

2. Making reasonable inquiries of currentand former employees and agentswhose duties include or included anyresponsibility for hazardoussubstances, hazardous wastes, orpollutants, and any other current andformer employees or agents who mayhave knowledge or documents relevantto the inquiry.

"Engineering controls" means any physicalmechanism to contain or stabilize contamination orensure the effectiveness of a remedial action.Engineering controls may include, without limitation,caps, covers, dikes, trenches, leachate collectionsystems, signs, fences, physical access controls,ground water monitoring systems and ground watercontainment systems including, without limitation,slurry walls and ground water pumping systems.

"Ground water use area" means any area, asdetermined by a well search conducted pursuant toN.J.A.C. 7:26E-3.7(e)3 and an evaluation of thecurrent and potential groundwater uses of an areausing a 25-year planning horizon pursuant toN.J.A.C. 7:26E-8.3(b)4ii, where any domestic,irrigation, industrial, public supply well, or well with awater allocation permit exists, is proposed, or wherethere is reasonable expectation a well will beinstalled within the 25-year planning horizon.

"Highly permeable soils" means soils having lessthan 15 percent silts and/or clays. Soils may beclassified in the field using a standard systemtexture analysis.

"Historic fill material" means non-indigenousmaterial, deposited to raise the topographicelevation of the site, which was contaminated priorto emplacement, and is in no way connected withthe operations at the location of emplacement andwhich includes, without limitation, constructiondebris, dredge spoils, incinerator residue,demolition debris, fly ash, or non-hazardous solidwaste. Historic fill material does not include anymaterial which is substantially chromate chemicalproduction waste or any other chemical productionwaste or waste from processing of metal or mineralores, residues, slag or tailings. In addition, historicfill material does not include a municipal solidwaste landfill site.

"Immediate environmental concern" means acondition which poses an acute threat to humanhealth or a direct threat to the drinking water of theState including, but not limited to:

1. Dermal contact, inhalation or ingestion

4

of contaminated materials;

2. Potable water supplies contaminatedabove the applicable drinking waterstandard; and

3. Contaminants which are confirmed toexist in an occupied or confined space,producing a toxic or harmful gasresulting in a potential for an acuteshort-term human health exposure, orproducing an oxygen deficientatmosphere, or resulting indemonstrated physical damage toessential underground services.

"Injury" means any adverse change or impact of adischarge on a natural resource or impairment of anatural resource service, whether direct or indirect,long term or short term, and includes the partial orcomplete destruction or loss of the natural resource.

"Institutional controls" means a mechanism used tolimit human activities at or near a contaminated site,or to ensure the effectiveness of the remedial actionover time, when contaminants remain at a site atlevels above the applicable remediation standardwhich would allow for the unrestricted use of theproperty. Institutional controls may include, withoutlimitation, structure, land, and natural resource userestrictions, well restriction areas, classificationexception areas, deed notices, and declarations ofenvironmental restrictions.

"Limited restricted use remedial action" means anyremedial action for soil that requires the continueduse of institutional controls but does not require theuse of an engineering control in order to meet theestablished health risk or environmental standards.

"Natural background soil level" means the chemicalconcentration of a substance which is found in soiland which is not attributable to human activity.

"Natural ground water remediation" means any formof ground water remediation in which onlydegradation, retardation, and dispersionmechanisms are used to achieve applicableremediation standards. For active ground waterremediations, this definition shall also apply toportions of plumes that are not captured by theactive ground water remediation, but are expected tobe naturally remediated after separation from thesource plume.

“Prospective purchaser” means any personcontemplating acquiring contaminated property who:

(i) is not in any way responsible under anystatute, federal or state, or common law for any

hazardous substances, hazardous wastes, orother pollutants discharged at a contaminatedsite, and

(ii) is not a corporate successor to, orcapitalized by, any person who is in any wayresponsible under any statute, federal or state,or common law for any hazardous substances,hazardous wastes, or other pollutantsdischarged at a contaminated site.

"Remedial action selection" means the process ofselecting the most appropriate remedy for a site orarea of concern that will ensure protection of thepublic health, and safety and the environment,based upon careful consideration of a variety offactors, including, without limitation, future site use,surrounding land uses, remediation goals andobjectives, cost, implementability, reliability andeffectiveness."Remediation" or "remediate" means all necessaryactions to investigate and cleanup or respond to anyknown, suspected, or threatened dischargeincluding, as necessary, the preliminaryassessment, site investigation, remedialinvestigation, and remedial action; providedhowever, that "remediation" or "remediate" shall notinclude the payment of compensation for damageto, or loss of, natural resources."Remediation standards" means the combination ofnumeric standards that establish a level orconcentration, and narrative standards, to whichcontaminants must be treated, removed orotherwise cleaned for soil, ground water or surfacewater, as provided by the Department pursuant toN.J.S.A. 58:10B-12, in order to meet the health riskor environmental standards.

“Restricted use remedial action” means anyremedial action for soil that requires the continueduse of engineering and institutional controls in orderto meet the established health risk or environmentalstandards."Restricted use standard" means a numeric soilremediation standard which, when achieved,restores the contaminated soil to a conditionsuitable for only certain specified uses.

“Site investigation” means the collection andevaluation of data adequate to determine whether ornot discharged contaminants exist at a site or havemigrated or are migrating from the site at levels inexcess of the applicable remediation standards. Asite investigation shall be developed based uponthe information collected pursuant to the preliminaryassessment. The requirements of a siteinvestigation are set forth at N.J.A.C. 7:26E-3.

"Timely manner" means that, except for immediateenvironmental concern cases, the person

5

responsible for conducting the remediationcompletes the remedial activities at a contaminatedsite or area of concern either:

1. Within five years, if soil is the onlycontaminated media at the site and theremediation will achieve unrestricted orlimited restricted use standards; or

2. In compliance with a remedial actionschedule approved in writing by theDepartment.

"Unrestricted use remedial action" means anyremedial action for soil that does not require thecontinued use of either engineering or institutionalcontrols to meet the established health risk orenvironmental standards.

"Unrestricted use standard" means a numeric soilremediation standard that, when achieved, restoresthe contaminated soil to a condition or qualitysuitable for any use. The unrestricted use standardis the lowest of any numeric standard, withoutlimitation, any residential soil remediation standard,any non-residential soil remediation standard andany applicable impact-to-groundwater soil standard.

7:26E-1.9 HEALTH AND SAFETY PLAN

Any person conducting remediation activities shallprepare a site-specific health and safety plan.

7:26E-1.13 MINIMUM GROUND WATER ANDSURFACE REMEDIATIONSTANDARDS

(a) This section sets forth the minimumremediation standards that apply to groundwater and surface water for purposes of theremediation of a contaminated site pursuant tothis chapter.

(b) The minimum ground water remediationstandards are:

1. The following numeric ground waterremediation standards:

i. The Ground Water Quality Standards,N.J.A.C. 7:9-6, Appendix, Tables 1 and2;

ii. The standards resulting fromapplication of the procedures inN.J.A.C. 7:9-6.7(c)2 through 6, for thederivation of a new criterion where a

specific contaminant is not listed inN.J.A.C. 7:9-6, Appendix, Table 1; and

iii. The standards resulting fromapplication of the procedures inN.J.A.C. 7:9-6.7(c)3, for the derivation ofa new criterion when the Departmentdetermines that current scientificinformation indicates that a specificallylisted numeric criterion is no longerappropriate. The Department will poststandards developed pursuant to (b)1iiand iii above on the Department’s website athttp://www.state.nj.us/dep/wmm/bfbm/is_text.html; and

2. The following narrative ground waterremediation standards:

i. The general groundwater qualitypolicies in N.J.A.C. 7:9-6.2;

ii. The narrative groundwater qualitycriteria in N.J.A.C. 7:9-6.7;

iii. The groundwater qualityantidegradation policy in N.J.A.C. 7:9-6.8;

iv. The remediation requirements inN.J.A.C. 7:26E- 1 through 8 in order toboth:

(1) Address the adverse impact ofthe contamination on the groundwater itself; and

(2) Limit additional risks posed bythe contamination to the publichealth and safety and to theenvironment;

v. Removal, treatment, or containmentof free and residual product pursuantto N.J.A.C. 7:26E-6.1(d);

vi. Ensure no release of contaminantsto the ground surface, structures or airin concentrations that pose a threat tohuman health; and

vii. The following factors, asapplicable on a site-specific basis, forselecting an appropriate ground waterremedial action:

(1) The location of thecontaminated site relative togroundwater use;

6

(2) The potential human andenvironmental exposure to thegroundwater contamination;

(3) The present, projected, andpotential groundwater use at thesite and in the area surroundingthe site over the 25 years after theselection of the ground waterremedy;

(4) Ambient groundwater quality atthe site and in the areasurrounding the site resulting fromboth natural and human activities;

(5) The physical and chemicalcharacteristics of thecontaminants of concern; and

(6) The criteria in N.J.A.C. 7:26E-6.3(d)1i, to determine whennatural remediation is appropriateas a remedial action forgroundwater contamination.

(c) The person responsible for conducting theremediation is not required to remediategroundwater to a level or concentration that islower than the level or concentration of theregional natural background level orconcentration for any particular hazardoussubstance or pollutant.

(d) The Department will not accept alternatenumeric groundwater remediation standardsdeveloped based on a site-specific riskassessment.

(e) The minimum surface water remediationstandards are:

1. The more stringent of either the numericNew Jersey Surface Water QualityStandards pursuant to N.J.A.C. 7:9B-1.14(c)and (d) or the numeric Federal SurfaceWater Criteria, 40 CFR Part 131; and

2. The following narrative surface waterremediation standards:

i. The general surface water qualitypolicies included in N.J.A.C. 7:9B-1.5;

ii. The narrative surface water qualitycriteria included in N.J.A.C. 7:9B-1.14;

iii. The remediation requirements inN.J.A.C. 7:26E- 1 through 8 in order to

both:

(1) Address the adverse impact ofthe contamination on the surfacewater itself; and

(2) Limit additional risks posed bythe contamination to the publichealth and safety and to theenvironment;

iv. Removal, treatment, or containmentof free and residual product pursuantto N.J.A.C. 7:26E-6.1(d); and

v. The following narrative criteria, asapplicable on a site-specific basis, forselecting an appropriate surface waterremedial action:

(1) The location of thecontaminated site relative tosurface water use;

(2) The potential human andenvironmental exposure to thesurface water contamination;

(3) The present and projectedsurface water use at the site andin the area surrounding the site;

(4) Ambient surface water qualityat the site and in the areasurrounding the site resulting fromboth natural and human activities;and

(5) The physical and chemicalcharacteristics of thecontaminants of concern.

(f) The Department will not accept alternatenumeric surface water remediation standardsdeveloped based on a site-specific riskassessment.

SUBCHAPTER 2. QUALITY ASSURANCE FORSAMPLING AND LABORATORY ANALYSIS

7:26E-2.1 QUALITY ASSURANCEREQUIREMENTS

The person responsible for conducting theremediation shall ensure that the quality assuranceprocedures in the regulations are followed for allsampling and laboratory analysis activities.

Key provisions now include:

7

Non-aqueous samples to be analyzed for volatileorganics shall be sampled using the proceduresspecified in either USEPA SW846 Method 5035(USEPA Publication “Test Methods for EvaluatingSolid Waste”, third edition, final update III, December1996, as amended and supplemented) or theUSEPA Contract Laboratory Program Statement ofWork for Organic Analysis, Multi-Media, Multi-Concentration, Revision OLMO4.2 as amended andsupplemented. All samples are to be preserved inthe field with the appropriate preservation solutionexcept for the following:

i. Samples that contain high levels ofcarbonates which would result in rapidor vigorous reaction when the sampleis added to the vial containing sodiumbisulfate may be shipped in vialswithout preservative;

ii. Oily waste samples when thesolubility of the waste is unknown maybe shipped in vials withoutpreservative; or

iii. Samples collected using a fieldcore sampling/storage device (i.e., EnCore® or equivalent; En Core® is aproduct of En Novative TechnologiesInc. of Green Bay Wisconsin) and thesamples are shipped to and analyzedby the laboratory within 48 hours ofsampling or the samples are shippedto the laboratory and transferred tovials containing the appropriatepreservation solution within 48 hoursof sampling need not be preserved inthe field.

For solid sample analysis, including withoutlimitations, soils and sediments, all results shall bereported on a dry weight basis, except for thoseresults required by the method to be otherwisereported.

Methods acceptable to the Department shall beutilized for the determination of the presence of freeand/or residual product in soil or water. Suchmethods include, without limitation, visualidentification of sheens or other visible product,measurable thickness of product on the water table,the use of field instruments, ultraviolet fluorescence,soil-water agitation, centrifuging, and hydrophobicdye testing.

For contaminants that in their pure phase and atstandard state conditions (20 degrees Celsius to 25degrees Celsius and one atmosphere pressure)have densities greater than water, free and/orresidual product shall be considered to be present if

the contaminant is detected in ground water atconcentrations equal to or greater than one percentof the water solubility of the contaminant if groundwater contains only that organic contaminant. If amixture of such contaminants is present, then theeffective water solubility of the contaminant shall beestimated for this determination.

Gas chromatography methods with a massspectrometer detector system shall be used foranalysis of volatile/semi-volatile contaminants(exclusive of herbicides, pesticides, and PCBs).Chromatography methods with a massspectrometer detector system shall be used for theanalysis of organic analytes amenable only to non-gas chromatographic methods. A massspectrometer detector system is not required if:

Sampling methods, sample preservationrequirements, sample handling times,decontamination procedure for field equipment, andfrequency for field blanks, field duplicates and tripblanks shall conform to applicable industry methodssuch as those specified in the NJDEP "FieldSampling Procedures Manual" in effect as of thedate on which sampling is performed. The personresponsible for conducting the remediation shalldocument the rationale for any deviations from themethods in the "Field Sampling Procedures Manual"pursuant to N.J.A.C. 7:26E-1.6(c).

Samples shall be preserved in the field immediatelyafter collection and submitted to the laboratory asSoon as possible and no later than 48 hours aftersample collection.

Field screening methods are limited as follows:

1. Field screening methods for allsampling matrices (soil, water, air,interior surfaces) can only be usedunder the following conditions:i. For contaminant delineation ifcontaminant identity is known or ifthere is reasonable certainty that aspecific contaminant may be present(for example, benzene, toluene,ethylbenzene, xylene in the case ofsampling for a gasoline release); or

ii. To bias sample location to thelocation of greatest suspectedcontamination.

Field screening methods shall not be used to verifycontaminant identity or clean zones. However, where10 or more samples are required for initialcharacterization sampling at an area of concern,field screening methods listed in (b) 3 and 4 belowmay be used to document that up to 50 percent of

8

sampling points within the area of concern are notcontaminated.

The field screening methods described in theversion of the following references in effect as of thedate of the field screening activities may be used:

i. The NJDEP "Field SamplingProcedures Manual";

ii. The NJDEP Site RemediationProgram "Field Analysis Manual";

iii. "Field Measurements,"EPA/530/UST-90-003; oriv. The "Field Screening MethodsCatalog," EPA/540/2-88/005.

Samples from each area of concern shall beanalyzed for contaminants which may be present.

Analysis of Target Compound List plus 30/TargetAnalyte List (TCL + 30/TAL) or Priority Pollutant plus40 (PP + 40) scans, petroleum hydrocarbons, andpH shall be conducted when contaminants in anarea are unknown or not well documented, althougha limited contaminant list may be used subject tothe Department's review of documentation pursuantto N.J.A.C. 7:26E-1.6(c).

For all petroleum storage and discharge areas,sample analysis shall be conducted pursuant to therequirements in Table 2-1. Samples taken in non-petroleum storage and discharge areas shall beanalyzed for the stored material.

If tentatively identified compounds or unknowncompounds are detected at concentrations inexcess of the applicable remediation standard, theyshall be addressed in either of two ways:

1. If the area will be remediated and it islikely that the concentration of the tentativelyidentified compounds/unknowncompounds will be reduced by theremediation, the tentatively identifiedcompounds/unknown compounds shall beanalyzed in post remediation samples todocument that it is no longer present inexcess of the applicable remediationstandard; or

An attempt shall be made to positivelyidentify and accurately quantify thetentatively identified compounds/unknowncompounds using an analytical methodconsistent with this section so that aremediation standard can be developed.(See Table 1 for analytical requirements)

SUBCHAPTER 3. PRELIMINARY ASSESSMENT ANDSITE INVESTIGATION

7:26E-3.1 Preliminary Assessments

(a) The purpose of a preliminary assessment is toidentify the presence of any potentiallycontaminated areas of concern. If any potentiallycontaminated areas of concern are identified,then there is a need for a site investigationpursuant to N.J.A.C. 7:26E-3.3. If no potentiallycontaminated areas of concern are identified,then no further remediation is required at thesite.

(b) A preliminary assessment is the first step in theprocess to determine whether or not a site iscontaminated. For required contents, see Table2.

7:26E-3.2 Preliminary Assessment Report

(a) The person responsible for conducting theremediation shall prepare a preliminaryassessment report following the requiredformat in the regulations. Scaled plans arerequired.

USGS quadrangle map must now include a bar.

4. For each area of concern identified at thesite, which has not been remediated underDepartment oversight, the report shallcontain a recommendation that either:

i. The area of concern is potentiallycontaminated, and thus additionalinvestigation or remediation isrequired; or

ii. The area of concern is not believedto contain contaminants above theapplicable remediation standards, inwhich case the preliminaryassessment report shall includedocumentation for this belief; and

5. For each area of concern identified at thesite, for which a No Further Action Letterwas issued, the person responsible forconducting the remediation shall comparethe contaminant concentrations remainingin the area of concern or the site with theDepartment's applicable remediationstandards at the time of comparison, andthe report shall contain a recommendationthat either:

9

i. The area of concern containscontaminants above the numericalremediation standard applicable at thetime of comparison, however, nofurther remediation is requiredbecause:

(1) The contaminantconcentrations remaining in thearea of concern or the site are lessthan an order of magnitude greaterthan the numerical remediationstandard applicable at the time ofcomparison;

(2) The area of concern or the sitewas remediated usingengineering and institutionalcontrols approved by theDepartment and these controlsare still protective of public health,safety and the environment; or

(3) The area of concern or the sitewere remediated to an approvedsite specific remediation standardand all of the factors andassumptions which are the basisfor deriving the site specificremediation standard remain valid

for the site;

ii. The area of concern or site containscontaminants above the numericalremediation standards applicable atthe time of comparison and furtherremediation is required because:

(1) The contaminantconcentrations remaining in thearea of concern or the site aremore than an order of magnitudegreater than the numericalremediation standard applicableat the time of comparison;

(2) The area of concern or site wasremediated using engineering andinstitutional controls approved bythe Department and these controlsare no longer protective of publichealth, safety and the environment;or

(3) The area of concern or the sitewere remediated to an approvedsite specific remediation standard

10

TABLE 1ANALYTICAL REQUIREMENTS FOR

PETROLEUM STORAGE AND DISCHARGE AREAS11

Sampling Objective Soil WaterInitial Screening/ Initial

Post-Remediation1 ScreeningGasoline, Mineral VO+102, MTBE3

Spirits VO+102, Lead7 TBA3, Lead7

Kerosene, Jet Fuel VO+102 B/N+152, VO+102

Naphthalenes5

Fuel Oil No. 2,Diesel Fuel TPHC9 B/N+1510, VO+102

Fuel Oil Nos. 4 & 6,Hydraulic Oils,Cutting Oil, Crude Oil,Lubricating Oil TPHC, PAH8 B/N+1510, VO+102

Waste Oil TPHC6, VO+102, PP+40 or TCL/TAL4

B/N+1510 PCBs,Priority PollutantMetals or EPATarget Analyte List

Waste Vehicular TPHC6, VO+102 VO+102, B/N+1510

Crankcase Oil B/N+1510, PCBs, leadWaste Mineral Oil TPHC

Footnotes1. Analytical parameters may be limited based on previous analytical results.2. EPA target compound list volatile organic or priority pollutant volatile organic scans including xylene with a library search.3. Methyl-tertiary-butyl-ether (MTBE), tertiary-butyl alcohol (TBA) analysis required if gasoline tanks were in service after 1979 and 1969 respectively.4. Priority Pollutant plus forty (PP+40) including xylene, excluding PCB/pesticide analysis, or EPA Target Compound List plus 30 and EPA Target Analyte List, excluding PCB/pesticide analysis.5. Naphthalene, including Naphthalene, Methyl Naphthalenes, Dimethyl Naphthalenes; may be analyzed in B/N + 15 fraction or in VO fractions; if analyzed in VO fraction, instrument must be

calibrated for these analytes. Quantitation of all isomers found shall be performed against at least one Methyl Naphthalene standard and at least one Di-Methyl Naphthalene standard.6. Total Petroleum Hydrocarbon (TPHC) analysis required on all samples. Other parameters required on 25 percent of samples where TPHC was detected (minimum of one sample); other

parameters shall be analyzed for in the sample with the highest TPHC.7. Lead Analysis required if source was or is leaded gasoline.8. TPHC analysis required on all samples. Polynuclear aromatic hydrocarbons (per EPA Priority Pollutant List) analysis required on 25 percent of samples where TPHC exceeds 100 ppm

(minimum of one sample); samples for PAH analysis shall be those with the highest TPHC concentration.9. TPHC analysis required on all samples; VO + 10 analysis required on 25 percent of samples in which TPHC level in soil exceeds 1000 PPM (minimum of one sample); samples for VO analyses

shall be those with the highest TPHC concentration.10. EPA Target Compound List Base Neutral or Priority Pollutant Base Neutral scan with a library search.11. Analyses are required on all samples unless otherwise noted.

11

TABLE 2 PRELIMINARY ASSESSMENT REQUIREMENTS

A preliminary assessment shall be based on diligent inquiry andinclude an evaluation of the following:

1. Historical information concerning the site history shall bepart of the preliminary assessment unless the remediation isdirected at either a specific discharge event (rather than aparticular area of concern) or any underground tank orunderground tank system. The site history shall include anevaluation of the following to the extent available from diligentinquiry:

i. Site history information from recognized sourcesincluding, but not limited to, the following:

• Fire Insurance Maps;

• MacRae's Industrial Directory;

• Title and Deed;

• Site plans and facility as-built drawings;

• (5) Federal, State, county and local government files; and

• (6) The Department Geographic Information System;

ii. The site history from the time the site was naturallyvegetated, including without limitation:

(1) Names of all owners and operators;

(2) Dates of ownership of each owner;

(3) Dates of operation of each operator; and

(4) Brief descriptions of the pastindustrial/commercial usage of the site by eachowner and operator;

iii. All raw materials, finished products, formulations andhazardous substances, hazardous wastes, andpollutants which are or were present on the site,including intermediates and by-products;

iv. Present and past production processes, includingdates, and their respective water use and shall beidentified and evaluated, including ultimate and potentialdischarge and disposal points and how and wherematerials are or were received onsite (for example, rail,truck);

v. All former and current containers, container or bulkstorage areas, above and below ground tanks, above andbelow ground waste and product delivery lines, surfaceimpoundment’s, landfills, septic systems and otherstructures, vessels, conveyances or units that contain orpreviously contained hazardous substances, hazardouswaste, and pollutants, including:

(1) Type;

(2) Age;

(3) Dimension of each container;

(4) Location;

(5) Chemical content;

(6) Integrity (for example, tank test reports);

(7) Volume;

(8) Construction materials; and

(9) Inventory control records unless aDepartment-approved leak detection systempursuant to N.J.A.C. 7:1E or 7:14B has alwaysbeen in place and there is no discharge history;

vi. If the site area exceeds two acres, an interpretation ofthe aerial photographical history of the site, based onavailable current and historical color, black and whiteand infrared aerial photographs (scale 1:18,000 or less) of the site and

surrounding area at a frequency which provides theevaluator with a historical perspective of site activities.The photographic history shall date back to 1932 or tothe earliest photograph available. Aerial photographiccoverage is available for review at the New JerseyDepartment of Environmental Protection and Energy,Tidelands Management Program, Aerial Photo Library,9 Ewing Street, Trenton, New Jersey;

vii. Any data or information concerning knowndischarges that have occurred on the site;

viii. Remediation activities previously conducted orcurrently underway at the site including dates of previousdischarges, remedial actions, and all existing samplingdata concerning contaminants at the site. If agovernment agency was involved, the name of the leadgovernment agency, case identification number, andcurrent case status;

ix. All remedies previously approved by the Departmentin a remedial action workplan or equivalent document todetermine if the remedy remains protective of publichealth, safety and the environment;

x. All existing environmental sampling data concerningcontaminants at the site;

xi. Any known changes in site conditions or newinformation developed since completion of previoussampling or remediation;

xii. All Federal, State and local environmental permitsincluding permits for all previous and current owners oroperators, applied for or received, or both, for the siteincluding:

(1) The name and address of permitting agency;

(2) The reason for the permit;

(3) The permit identification number;

(4) The application date;

(5) The date of approval, denial, or status ofapplication;

(6) The name and current address of allpermittees;

(7) The reason for denial, revocation orsuspension if applicable; and

(8) The permit expiration date;

xiii. All administrative, civil and criminal enforcementactions for alleged violations of environmental lawsconcerning the site, including:

(1) The name and address of agency that initiatedthe enforcement action;

(2) Date of the enforcement action;

(3) The section of statute, rule or permit allegedlyviolated;

(4) The type of enforcement action;

(5) A description of alleged violations;

(6) The resolution or status of violation andenforcement action; and

(7) A description of any potential environmentalimpact which may have resulted from the allegedviolation; and

xiv. All areas where non-indigenous fill materials wereused to replace soil or raise the topographic elevation ofthe site, including the dates of emplacement.

2. The person conducting the preliminary assessment shall conducta site visit to verify the findings in (c)1 above.

12

and some or all of the factors andassumptions which were thebasis for deriving the site specificremediation standard are nolonger valid;

iii. The area of concern or site does notcontain contaminants above thenumerical remediation standardapplicable at the time of comparisonand no further remediation is required;or

iv. The contaminant concentrationremaining in the area of concern or thesite is more than order of magnitudegreater than the numerical remediationstandard applicable at the time ofcomparison. Any person who is liablefor contamination pursuant to N.J.S.A.58:10-23.11g may be required toconduct further remediation.

(b) The documentation required for (a)5 aboveshall include a table comparing the levels ofcontaminants remaining in the area of concern,the numerical remediation standards which arecontained in the approved remedial actionworkplan and the numerical remediationstandards applicable at the time of comparison.The table shall contain all sampling results,including, but not limited to, sample location,sample media, field and laboratory identificationnumbers, method detection limits asnecessary, and analytical results for the area ofconcern.

(c) The Department will determine the extent towhich prior submissions or completions maysatisfy the specific items required for thepreliminary assessment. If the Departmentapproves any such prior work in writing, thenthat work may be included as part of thepreliminary assessment.7:26E-3.3 Site Investigations

(a) The purpose of a site investigation is todetermine if any contaminants are present atthe site, or as necessary, have emanated or areemanating from the site above any of theapplicable unrestricted use remediationstandards or if no further remediation isrequired. If such contaminants are present atthe site, then additional remediation isnecessary.

(b) A site investigation shall be conductedbased upon the information collected pursuant

to the preliminary assessment requirements inN.J.A.C. 7:26E-3.1 and shall satisfy all of thefollowing requirements:

1. The general sampling requirements inN.J.A.C. 7:26E-3.4;

2. The building interior samplingrequirements in N.J.A.C. 7:26E-3.5, ifapplicable;

3. The soil sampling requirements inN.J.A.C. 7:26E-3.6;

4. The ground water samplingrequirements in N.J.A.C. 7:26E-3.7, ifapplicable;

5. The surface water and sedimentsampling requirements in N.J.A.C. 7:26E-3.8, if applicable;

6. The area specific samplingrequirements in N.J.A.C. 7:26E-3.9;

7. The background soil samplingrequirements in N.J.A.C. 7:26E-3.10, ifapplicable;

8. The ecological evaluation requirementsin N.J.A.C. 7:26E-3.11; and

9. The historic fill requirements in N.J.A.C.7:26E-3.12, if applicable.

(c) If required pursuant to an oversightdocument or other applicable rule, the personresponsible for conducting the remediationshall submit reports pursuant to N.J.A.C. 7:26E-3.13 in accordance with the schedulescontained in the oversight document or otherapplicable rule.

(d) It is often appropriate to phase the siteinvestigation so that the areas of concern mostlikely to be contaminated above the applicableremediation standards are sampled first. If atany time during the site investigation, anycontamination is found above the applicableremediation standards, then the siteinvestigation may be discontinued and theremediation continued at either the remedialinvestigation or remedial action phase.

7:26E-3.4 Site Investigation - General SamplingRequirements

13

(a) Sampling shall be conducted in allpotentially contaminated areas of concern,whether relating to current or former uses of thesite to determine whether or not anycontaminants are present above the applicableunrestricted use remediation standard.

1. Sampling shall be biased to thesuspected location of greatestcontamination.

2. Samples shall be biased based onprofessional judgment, area history,discolored soil, stressed vegetation,drainage patterns, field instrumentmeasurements, odor, or other fieldindicators.

3. Sampling locations shall comply withrequirements listed in N.J.A.C. 7:26E-3.5through 3.9.

4. If access to sampling locations requiredpursuant to N.J.A.C. 7:26E-3.5 through 3.12is impractical due to physical obstructionsor safety hazards, and no practicalsampling alternatives are available, uponprior verbal or written approval by theDepartment, sampling may be modifiedsubject to the technical criteria in N.J.A.C.7:26E-1.6(c)3. Confirmation of any verbal orwritten approval by the Department shall beprovided in the site investigation report. Forverbal approvals, the date of the verbalapproval and the name of the Departmentrepresentative who granted the approvalshall be provided in writtencorrespondence to the Department withinseven days of the verbal approval.(c) Composite sampling shall not beconducted, except as necessary for wasteclassification pursuant to N.J.A.C. 7:26-8.

7:26E-3.5 Site Investigation - Building Interiors

The site investigation of building interiors shall beconducted when contaminants inside the buildinghave the potential to migrate to the environmentoutside the building or when contaminants outsidethe building have the potential to migrate into thebuilding. Minimum requirements for investigatingcontaminants inside buildings which have thepotential to migrate to the environment outside thebuilding are specified in N.J.A.C. 7:26E-3.9, andrequirements for investigating contaminants outsidebuildings which have the potential to migrate intobuildings shall be specified by the Department on a

site specific basis.

7:26E-3.6 Site Investigation - Soil

(a) The site investigation shall satisfy thefollowing requirements for all soilinvestigations:

1. A survey for buried drums, tanks or wasteusing test pits, ground penetrating radar,magnetometry electromagnetics, or othertechniques capable of detecting metalcontainers and other waste to an averagedepth of 20 feet or deeper shall beconducted if:

i. There have been any reports ofburied drums, tanks or waste;

ii. Ground water contamination isdetected and no source has beenidentified; or

iii. Aerial photographic history of thesite indicates the presence of drums,tanks or waste in or adjacent toregraded and/or filled areas.

2. Soil samples shall be collected forchemical analysis and to provide a profileof subsurface conditions. The profile shallmeet the following:

Logs shall be prepared for all soil samples todocument subsurface conditions including, withoutlimitation, soil types and description of non-soilmaterials, field instrument measurements, depth toground water, if ground water is encountered anddocument, if present, soil mottling, presence ofodor, vapors, soil discoloration, and free and/orresidual product, as determined pursuant to N.J.A.C.7:26E-2.1(a)11;

Soil shall be classified according to one of thestandard systems (for example, Burmeister, Unified,or United States Department of Agriculture);

All borings shall be performed in accordance withthe Subsurface and Percolating Waters Act, N.J.S.A.58:4A-4.1 et seq. In addition, a monitoring wellpermit shall be obtained from the Department priorto drilling any soil boring greater than 25 feet belowgrade.

For soil borings to a depth of less than 25 feetbelow grade, the Department recommends soil notbe returned to the boring hole. If contaminated

14

materials are returned to the boring hole, then theperson responsible for conducting the remediationshall address the presence of this contamination aspart of the remedial action workplan; and

3. Initial characterization soil samples(except samples being analyzed for volatileorganics) shall be collected at zero to sixinches below grade except as requiredpursuant to N.J.A.C. 7:26E-3.9 (AreaSpecific).

4. All soil samples to be analyzed forvolatile organics shall be collected asfollows:

i. A bulk sampling device that willcollect an intact core (e.g., split-spoon)shall be used to minimize contaminantloss during sampling; andii. Each core shall be field screenedwith a properly calibrated direct readinginstrument equipped with aphotoionization detector (PID), flameionization detector (FID), or othersuitable instrument capable ofdetecting the contaminants pursuant toN.J.A.C. 7:26E-2.1(b) to selectsamples for volatile organics analysisusing the following criteria:

(1) If field measurement readingsare detected above background:

(A) The coring shall beextended until eitherbackground readings areachieved, ground water isencountered, or bedrock isencountered; and

(B) An undisturbed samplefrom the six-inch intervalregistering the highest fieldmeasurement reading shallbe collected, at a minimum,using the appropriate samplecollection method andsampling device for volatileorganics analysis pursuant tothe requirements specified inN.J.A.C. 7:26E-2.1(a)4; or

(2) If all intervals register the samefield measurement reading or allfield measurement readings donot exceed background:

(A) The coring shall beextended to ground water,bedrock, or 10 feet, whicheveris encountered first; and

(B) One undisturbed sampleat a minimum, from the six-inch interval at the bottom ofthe soil boring shall becollected, using theappropriate sample collectionmethod and sampling devicefor volatile organics analysispursuant to the requirementsspecified in N.J.A.C. 7:26E-2.1(a)4; and

iii. Contaminants that cannot bedetected with field-screeninginstruments shall be sampled inaccordance with the requirements atN.J.A.C. 7:26E-3.4(a).

5. In all cases, samples shall be collectedin discrete six-inch increments. If more orless than a six-inch increment is sampledbecause of poor sample recovery or otherfield logistical problems, an explanationshall be provided in the soil log.

6. Additional sampling of increments belowthose specified in (a) 3 and 4 above shallbe completed in cases where the surfacehas been regraded or if physical evidencein borings indicate the possible presenceof contamination.

7. If the designated soil sampling point iswithin the saturated zone, a sample of thesaturated soil shall be collected, whensample recovery is possible, and analyzed.

(b) Soil gas detection methods may be used tobias soil or ground water sample locations.

7:26E-3.7 Site Investigation - Groundwater

(a) Except as provided in (b) below, the siteinvestigation of each area of concern shallinclude at least one ground water sample if anysoil contaminant detected in the area of concernhas a water solubility greater than 100milligrams per liter at 20 degrees Celsius to 25degrees Celsius as documented by a peer-reviewed reference; and

15

1. All of the soil between the contaminantand the saturated zone is less than 15percent silt and clay; or

2. Any part of the area of concern at which thesoil contamination was detected is locatedwithin 2,000 feet of a public supply well, asdetermined from a map of public supplywells which is available from theDepartment's Bureau of Revenue, Maps andPublications (609-777-1038) or through theDepartment 's Internet home page(http://www.state.nj.us/dep/njgs , then select"Geodata"). A ground water sample is notrequired if documentation acceptable to theDepartment is provided in the siteinvestigation report (N.J.A.C. 7:26E-3.13)demonstrating that ground water samplingwas not necessary.

(b) Ground water sampling may not benecessary during a site investigation for aparticular area of concern if the personresponsible for conducting the remediationdocuments that ground water contaminationfrom the discharge is unlikely based criteria:identified in the regulations.

(c) The site investigation of ground water shallbe conducted for the purposes of a siteinvestigation pursuant to N.J.A.C. 7:26E-3.3(a)according to the following:

1. The Quality assurance and quality controlrequirements per to N.J.A.C. 7:26E-2;

2. Ground water samples may be takenpursuant to any generally acceptablesampling method pursuant to N.J.A.C.7:26E-1.6(c).

Sampling methods generally acceptable to theDepartment include, but are not limited to, thosespecified in the NJDEP Field Sampling ProceduresManual or the NJDEP Alternative Ground WaterSampling Techniques Guide in effect as of the dateon which the sampling is performed; and

3. The ground water sampling points shallbe located in:

i. The excavation of any source(s) ofcontaminants, if possible, includingwithout limitation, tanks, tankdistribution systems, and undergroundinjection control (UIC) units such asseepage pits, septic systems, drywells or other injection wells regulated

under N.J.A.C. 7:14A-5; or

ii. The expected downgradient flowdirection of the area of concern andwithin 10 feet of the area of concern;ground water flow direction shall bepredicted based on topographic relief,the location of surface water bodies,structural controls in the bedrock orsoils, location of pumping wells andsubsurface conduits at or below thewater table. Ground water flowdirection may also be predicted basedon data from adjacent sites if groundwater flow direction at the adjacent sitehas been determined pursuant toN.J.A.C. 7:26E-3.7(e)3iv.

(d) The minimum number of ground watersamples collected shall be as follows:

1. At least one ground water sample foreach area of concern which is classified asan Underground Injection Control (UIC) unitincluding, without limitation, seepage pits,septic systems, dry wells or other injectionwells regulated under N.J.A.C. 7:14A-5sampled pursuant to N.J.A.C. 7:26E-3.9(e)3;

2. At least one ground water sample forsites with leaking underground storagetanks and tank fields containing up to threetanks with a maximum capacity of 10,000gallons per tank. If a leaking tank isexcavated, the ground water sampling pointshall be located within the excavation, ifpossible;

3. Pump islands and associated pipinggreater than 25 feet from the tank field shallbe considered separate areas of concernand shall require a separate ground watersample location; and

4. At least one ground water sample for allother areas of concern unless the area ofconcern is within 10 feet hydraulicallyupgradient of a ground water samplinglocation.

(e) The results of each ground water siteinvestigation analysis shall be evaluated asfollows:

1. If the contaminant concentrations foundin all ground water samples are below theapplicable remediation standards, no

16

further remediation is necessary for groundwater;

2. If the contaminant concentrations foundin any ground water samples exceed theapplicable remediation standards, theground water may be resampled to confirmthe presence of contamination; thisconfirmation sampling shall include atleast two additional samples taken over a30 day period, the results of which may beaveraged with the original result todetermine compliance with the applicable

remediation standards; and

3. If ground water contamination isconfirmed, the person responsible forconducting the remediation shall, except asprovided in (f), below:

ii. Within six weeks afteridentifying ground watercontamination, conduct a wellsearch meeting therequirements in Table 3.

17

TABLE 3 WELL SEARCH REQUIREMENTS

(1) Locating wells through a file search using all available Department, county and local records for all monitoringand domestic wells within one-half mile of each point of groundwater contamination, and all irrigation, industrial,public supply wells, and wells with water allocation permits within one mile of the area of concern. AvailableDepartment records include without limitation, paper, microfiche, electronic and antique well records maintainedby the Bureau of Water Allocation. The Department Geographic Information System shall be used as part of thefile search. If the site is located in a groundwater use area the Department will determine if further action, such asa door-to-door survey, is required;

(2) Identifying the type of well and the status of the well (active, inactive, properly abandoned pursuant to N.J.A.C.7:9D), including, as available, total depth, casing length, open bore hole or screened interval, copies of wellrecords and/or well logs on file with the Department’s Bureau of Water Allocation, and any additional recordsavailable in county or municipal records; and

(3) Documenting all sources referenced in performing the well search, including agencies that were unable toprovide the information requested, including the name of the person within each agency that was contacted andwhen, and that the request for information was denied or information was unavailable;

ii. Within two weeks after completing the well search, determine if any potable wells exist within1000 feet of each area of concern with groundwater contamination and:

(1) Within 24 hours after determining the existence of a potable well, notify the assigned casemanager by telephone. If a case manager is not assigned, notify the Department hotline at 1-877 WARNDEP or (877) 927-6337;

(2) Within eight weeks after identifying the potable wells, sample each existing potable wellidentified pursuant to the well search suspected to be contaminated by the site in question; and

(3) Within 45 days after completing sampling of the potable wells, submit all analytical results tothe Department as full laboratory data deliverables, pursuant to N.J.A.C. 7:26E-2(a)13.

iii. Perform the following actions if any of the analytical results for the potable well samples collected pursuant to(e) 3ii(2) indicate that any of the potable wells are contaminated above the drinking water standards forcontaminants that are suspected to be from the site:

(1) Within two weeks after submitting the analytical results to the Department, identify each potable well thatexists within 1000 feet to one-half mile of each area of concern with groundwater contamination and performall sampling and reporting requirements as set forth at (e)3ii; and

(2) Repeat the process of identifying and sampling potable wells pursuant to (e)3i, ii and iii(1) above, byidentifying and sampling potable wells at each successive half-mile intervals until either no more potablewells are identified, or no contaminants above the drinking water standard are identified;

18

iv. Determine the direction of groundwater flow foreach affected aquifer as follows:

(1) Install a minimum of three groundwatermonitoring wells or piezometers in eachaffected aquifer or water bearing zone todetermine the groundwater flow direction in thatzone. Install and survey the monitoring wells orpiezometers pursuant to N.J.S.A. 58:4A-4.1 etseq. and N.J.A.C. 7:26E-4.4(g) to provide foradequate triangulation;

(2) Collect a minimum of two rounds of synopticstatic water levels a minimum of 30 calendardays apart to provide a more accurate indicationof the groundwater flow direction. The waterlevels may be taken to evaluate seasonalvariations in flow direction;

(3) If the site is located in an area that is tidallyinfluenced, synoptic ground and surface waterlevels shall be collected during two fair weathersampling events separated by a minimum 30-day period where each event entails collectinghourly water levels from all applicable wells andthe surface water for a minimum 71 hourperiod; and

(4) Collect water level measurements anddetermine groundwater flow direction, takinginto account activities in the area which mayaffect flow direction, such as pumping wells orseasonally used pumping wells and injectionwells; and

v. Conduct a groundwater remedial investigationpursuant to N.J.A.C. 7:26E-4.4.

(f) A prospective purchaser shall commencea potable water investigation no later than 30calendar days after acquiring the property, inaccordance with the requirements andschedule in (e)3, above.

(g) To support a claim that all or part ofgroundwater contamination detected inonsite groundwater samples is caused bybackground groundwater contamination, abackground groundwater investigation shallbe conducted meeting the requirements inthe regulations.

3. Background monitoring well(s) shall be sampledconcurrently with collection of onsite ground watersamples for all onsite contaminants believed to beoriginating from background sources;

4. Results of the background ground waterinvestigation shall be evaluated as follows:

i. No further remediation is required forground water if:

(1) Contaminants detected in thearea of concern monitoring well,as well as the contaminants'parent products, were neverhistorically used on the site asdocumented pursuant to N.J.A.C.7:26E-3.1 and 3.3;

(2) There is no additional evidenceof an onsite discharge; and

(3) Contamination is present in thebackground monitoring well(s);and

ii. Additional remediation may berequired when contamination is presentin the area of concern monitoring wellbut not in the background monitoringwell or contamination is present in boththe area of concern monitoring well andthe background monitoring well. In thesecases, the Department shall considerthe contribution of the backgroundcontamination in the determination ofthe applicable ground water remediationstandards for the site. Factors fordetermining the contribution of the offsitecontamination to onsite contaminationshall include, but not be limited to,contaminant a t tenuat ion ra tes,contaminant degradation rates, andground water flow velocity; and

5. The person responsible for conducting theremediation shall notify the Department pursuant toN.J.A.C. 7:26E-1.4(g) if that person determines,pursuant to (f)4 above, that ground watercontamination exists upgradient of the site. Theperson responsible for conducting the remediationshall notify their assigned case manager, or if theyare not assigned a case manager, the Departmenthotline at (609) 292-7172.

7:26E-3.8 Site Investigation - Surface Water andSediment

(a) If a surface water body is on or adjacent to thesite, the person responsible for conducting theremediation shall determine if there is anyevidence that discharges to the surface water

19

body have occurred or are occurring. Suchevidence shall include, without limitation:

1. Known historical or on-going dischargesto the surface water body, as determinedpursuant to N.J.A.C. 7:26E-3.1;

2. Stressed vegetation, sheens, seeps,discolored soil or sediment along theshoreline or on the surface water body;3. Evidence of stream impacts fromhistorical discharges including historicalecological studies documentingdifferences in organism population densityand diversity in areas potentially impactedby the site relative to areas not impacted bythe site; or

4. Existing onsite ground watercontamination in excess of the applicableState Surface Water Quality criteria, N.J.A.C.7:9B or the Federal Surface Water Qualitycriteria, 40 C.F.R. Part 131, whichever ismore stringent, which discharges to thesurface water body. Onsite ground watercontamination in excess of the applicablesurface water criteria shall be delineated tothe applicable surface water criteria.Ground water delineation samples shall becollected along the ground water flow pathbetween the area of concern and thesurface water body and analyzed forapplicable contaminants.

(b) If there is evidence that discharges to thesurface water body have occurred, pursuant to(a) above, then a surface water investigation isrequired. The investigation of surface water andsediment shall be conducted according to therequirements in the regulations.

7:26E-3.9 Site Investigation - Area SpecificRequirements

(a) The site investigation shall also satisfy thefollowing sampling requirements for bulkstorage tanks and appurtenances, including,without limitation, all in-use and out of servicestorage tanks with a storage capacity greaterthan 55 gallons, and associated piping and fillpoints.

1. For above ground tanks over unpavedsoil:

i. Sampling around tanks with shell orbottom in direct contact with soil now or

in the past shall meet all the followingcriteria:

(1) Sampling to detect surfacecontamination shall be conductedaround the base of the tank with atleast one sample per 100 linearfeet, and shall include expectedareas of contamination based onsoil discoloration/odors, history ofrepairs/replacement, soil beneathvalves, or low areas where spillsor leaks from valves mayaccumulate.

(2) Unless the tank has alwaysbeen in compliance with N.J.A.C.7:1E-2 and has no dischargehistory, at least one boring shallbe located adjacent to or withintwo feet of the tank and continuoustwo foot split spoon samplingperformed to the water table (ifwater table is less than 10 feet).The sample in each boringevidencing the highest apparentcontamination based on soildiscoloration, odor, field screeningresult or other field indicator shallbe laboratory analyzed. If there isno evidence of contamination,samples shall be collected fromthe zero to six- inch interval abovethe saturated zone. At least oneboring shall be located in theexpected downgradient groundwater flow direction from the tank.For tanks in excess of 100 feet incircumference, at least threeborings, spaced equidistantly, arerequired.

(3) In cases where the depth toground water is greater than 10 feet,sampling shall be conducted to 10feet as in (a)1i(2) above. If there isno evidence of contamination,samples shall be collected at 9.5 to10 feet.

ii. Elevated tanks (that is, shell or bottomnot in contact with ground) require soilsampling when there is any physical ordocumentary evidence of discharges,when soil discoloration is observed orwhen field monitoring or other evidenceindicates that a discharge has occurred.

20

(1) At least one soil sample shallbe taken below tanks which storeor may have stored hazardoussubstances, hazardous wastes, orpollutants that do not causeobvious soil discoloration (suchas volatile organics), in the areamost likely to be contaminated,including without limitation, valveor former leak or rupture areas. Ifsamples cannot be obtained frombelow the tank because soils arenot accessible to samplingequipment, the sample may belocated within two feet of the tank.

2. For above ground tanks over pavedsurfaces:

i. Soil around above ground tanks onpaved surfaces shall be sampledpursuant to (b)1 below (Pads) if thereare stained soils adjacent to pad or ifthe potential contaminant would notcause discoloration (volatile organics),or if there is a history of spillage orother evidence that a discharge hasoccurred.

ii. Tanks within a paved containmentarea shall be sampled at the drainagedischarge point, if one exists, pursuantto (d) below (Drainage Areas).

iii. Soil sampling below the pavementshall be conducted only when thepavement has deteriorated so as toallow potential contaminant contactwith the soil, or if pavement was notpresent over the life of the tank orformer tanks.

iv. Instead of sampling soil beneathpavement, samples around the padmay be taken pursuant to (b)1 belowsubject to the Department's review ofdocumentation pursuant to N.J.A.C.7:26E-1.6(c) specifying why boringthrough pavement was not consideredpractical (for example, concrete slabswith berms, synthetic liners).

3. For underground storage tanks:

i. Underground storage tanks anddistribution systems containing potentialcontaminants shall be evaluated toidentify any past or present discharges.

No sampling is required for tanks anddistribution systems which have alwayshad secondary containment and leakdetection pursuant to N.J.A.C. 7:14B andno discharge history. At least four soilsamples around each tank shall becollected. If tanks will be closed, refer toN.J.A.C. 7:26E-6.3(b) for requirements.

(1) The soil samples shall becollected within two feet of the tankwith one sampling location locatedat each end, and additionalsampling locations located alongthe length of the entire tankpursuant to (a)3i(2) below;

(A) If sampling within two feetof the tank is not possible dueto the presence of beddinggravel, or there are safetyconsiderations (such asdanger of tank puncture),which have been identifiedthrough field investigations orreview of as built plans, soilsamples shall be taken asclose as possible to the tank.However, no samples shallbe collected from further thanfive feet from the tank and aground water sample shall becollected within five feet anddown-gradient of the tank.

(B) If, because of safetyconsiderations, the distancebetween adjacent tanksprecludes locating soilsamples between the tanks, aground water sample may becollected within five feet anddown gradient of the tanks, atthe appropriate depth in lieu ofthe required soil samplesbetween the tanks;

(2) The total number of requiredsampling locations per tank are asfollows:

Tank Capacity Approximate # SamplingGallons Length in (Feet) Locations

56-2,000 to 10' 4

2,001-10,000 to 30' 6

21

10,001-25,000 to 40' 8

25,000 + to 40'+ 10

(3) Soil samples collected foranalysis shall be taken at zero tosix inches below the tank bottomunless the tank is within thesaturated zone (see (a)3ii(5)below);

(4) Additional soil samples forvolatile organics analysis shall becollected in accordance with therequirements at N.J.A.C. 7:26E-3.6(a)4.

(5) For underground storage tankswithin the saturated zone:

(A) I f vo la t i l e o rgan iccompounds are consideredpotential contaminants, either asoil investigation shall beconducted as stated in (B)below, or a ground watersample shall be collected atthe appropriate depth pursuantto N.J.A.C. 7:26E-3.7(c) through(e);

(B) I f vo la t i le o rgan iccompounds are not consideredpotential contaminants, a soili n v e s t i g a t i o n s h a l l b econduc ted . Fo r a so i linvestigation, samples shall becollected zero to six inchesabove the saturated zone if thepotential contaminant's densityis less than water, and zero tosix inches below the depth ofthe tank bottom if the potentialcontaminant's density isgreater than water;

ii. Precision tests pursuant to N.J.A.C. 7:14B-6.5(a)3may be used in lieu of soil samples if tanks arebeneath buildings or otherwise inaccessible and itis the original tank with no history of leaks or repairs,or if there is insufficient soil to collect a sample (forexample, tank is located in bedrock).

iii. To verify tank contents for out of service tanks,one sample shall be taken of any product or residueremaining in the tank and analyzed using ASTMfingerprint method D3328 or other appropriatemethod.

4. For all above grade piping:

i. Sampling is necessary if there is evidence ofa discharge (for example, discolored soil, etc.)or reports of past discharges.

ii. Any sampling conducted shall be pursuant to(e) below (Discharge/Disposal Areas).

5. For all below grade piping:

i. Below grade piping shall be evaluated toidentify any past or present discharges usingsoil samples located zero to six inches belowthe piping and within two feet of piping unlessthe system has always had secondarycontainment with leak detection pursuant toN.J.A.C. 7:14B and no discharge history. If anysoil or bedding material is encountered that isless than 15 percent silt/clay, samples forvolatile organic compounds shall be collectedat the first less permeable soil horizonencountered below the pipe, or at zero to sixinches above the saturated zone, or at 9.5 to 10feet below the pipe, whichever is encounteredfirst. Precision tests pursuant to N.J.A.C. 7:14B-4.3(j) may be used if the piping is original andthere is no history of discharges or repairs.

ii. For total piping length of one to 15 feet, aminimum of one soil sample shall be collected.An additional soil sample shall be collected foreach additional 15 linear feet of piping orportion thereof from 16 to 50 feet of pipinglength. Sampling locations shall be biased toinclude joints, dispensers, and other potentialdischarge areas.

iii. Piping runs within two feet of another piperun may be considered a single pipe run. Soilsamples for multiple pipe lines shall becollected midway between/among the lines, orbiased toward any pipe for which evidence of adischarge exists. For pipes that are separatedby a distance greater than two feet vertically, soilsamples shall be collected below each pipe,pursuant to (a)5i above.

iv. For total piping lengths in excess of 50 feet,sampling frequency may be reduced subject tothe Department's review of documentationpursuant to N.J.A.C. 7:26E-1.6(c) specifying whythe reduced number was considered adequate.

6. For all loading and unloading areas:

22

i. Exposed soils at loading or unloading areasassociated with tanks shall be sampled at aminimum rate of one sample per fill connectionor valved discharge point;

ii. For loading or unloading points located overimpervious cover, sampling shall be conductedpursuant to N.J.A.C. 7:26E-1.6(b)1 below(Pads).

(b) The site investigation shall also satisfy thefollowing requirements for all storage andstaging areas, dumpsters and transformers,whether temporary or permanent, includingexposed soil areas adjacent to above groundvessels on pads; tank loading/unloading areason pads; dumpster staging areas; electricaltransformers, heat exchanger and other outdoorequipment and drum storage pads.

1. For all pads:

i. Pads shall have a minimum of one samplinglocation per side adjacent to exposed soil forsides up to 30 feet long; for sides greater than30 feet long, one additional sample location isrequired for each additional 30 feet of length;

ii. Each sampling point shall be locatedimmediately adjacent to the pad and biasedtoward the expected location of greatestcontamination;

iii. If a pad shows evidence of deterioration thatmay allow contaminant contact with the soil, orits surface has been modified (repaved), oraerial photographs or site history indicatepotential for previous discharges to the soil, soilsamples beneath the pad shall be collectedpursuant to N.J.A.C. 7:26E-1.6(b)2ii below; and

iv. Bermed pads and pads surrounded byimpermeable cover shall be sampled at anydrainage discharge point pursuant to (d) below(Drainage Areas).

2. For all storage and staging areas over permeablecover:

i. Storage and staging areas with evidence ofdischarges which are or were used for storageof hazardous substances, hazardous wastes,or pollutants shall be sampled pursuant to (e)below (Spills/ Disposal Areas).

ii. Sample frequency shall be one per 900square feet of surface area to characterize soilsbelow a storage or staging area up to 300 feet

in perimeter with a minimum of one sample.Sample frequency may be reduced for largerareas subject to the Department's review ofdocumentation pursuant to N.J.A.C. 7:26E-1.6(c) specifying why sample frequency wasconsidered adequate. Sampling locations shallbe biased toward the suspected location ofgreatest contamination based on low points,drainage patterns, discoloration, stressedvegetation, field instrument measurements orother field indicators.

(c) The site investigation shall satisfy thefollowing requirements for all surfaceimpoundment’s, including without limitation,lagoons, fire ponds, waste ponds or waste pits,storm water detention basins, excavations,natural depressions or diked areas, which aredesigned to hold an accumulation of liquidsubstances or substances containing freeliquids. Active surface impoundments withimpermeable liners which may be damaged as aresult of sample collection shall have linerintegrity verified by physical inspection and/orevaluation of monitoring well water quality dataassociated with the surface impoundment, ifavailable.

1. Sediments within all unlined surfaceimpoundments shall be sampled if theimpoundment receives runoff from areas ofpotential contaminant sources;

2. Sediment sample locations shall bebiased towards inflow/ outflow areas, andareas where sediments may be expectedto accumulate;

3. Core samples shall be taken forcontaminant analysis and to fullycharacterize sediment type, thickness ofsediment layers, and vertical extent ofsediment.

4. Distinct layers of sediments thicker thansix inches, as evidenced by color, particlesize, or other physical characteristics, shallbe sampled individually.

5. Sediment quantity within the surfaceimpoundment shall be estimated.

(d) The site investigation shall also satisfy thefollowing requirements for all drainagesystems.

23

1. For all floor drains and collection systems, if thereis reason to believe contaminants were dischargedinto the floor drain or collection system:

i. The point of discharge for any floor drain orcollection system shall be sampled if thesystem discharges or ever may havedischarged to soil, ground water or surfacewater;

ii. If the point of discharge is unknown, tracertests (for example, dye or smoke) shall beconducted to determine the discharge point(s);

iii. Collection system integrity shall bedocumented by representative soil sampling atpotential leak areas, video inspection,hydrostatic test or pressure test. Other methodsmay be acceptable, subject to the Department'sreview of documentation pursuant to N.J.A.C.7:26E-1.6(c) specifying why the methods wereconsidered effective; and

iv. Sampling soil below floor drains, orcollection system laterals, shall be conductedwhen corrosives (as defined in N.J.A.C. 7:26 or,if plastic piping is or was used, organic solventsare considered corrosive) are or weredischarged to floor drains or the collectionsystem or there has been a history of collectionsystem discharges, rupture or repairs. In suchcases, representative soil sampling at known orsuspected leak areas is required for potentialcontaminants.

2. Soil at each roof leader discharge point shall besampled if storage units or process operationsusing hazardous substances, hazardous wastes, orpollutants vent or may have vented to the roof;

3. For all swales and culverts:

i. Sampling shall be conducted when theswale/culvert receives or received runoff fromother contaminated areas of concern;

ii. Sediment and soil sampling shall beconducted at the points where contaminationfrom runoff/spills enter or have entered thedrainage system; and

iii. If flow could have scoured sediments fromthe receiving structure, sampling shall beconducted at onsite downgradient structuresladen with sediments;

4. For all storm sewer and spill containmentcollection systems:

i. Sampling shall be conducted when thecollection system is or was the runoff/spilldischarge point from other contaminated areas ofconcern;

ii. Sediment sampling shall be conducted at themanhole, catchbasin, sump, or other structurewhere contaminated runoff or discharges enterthe drainage system;

iii. Sampling shall be conducted in the soilsaround catch basins, manholes, sumps or otherstructures which contain or may have containedhazardous substances, hazardous wastes, orpollutants, and are not hydraulically sound (thatis, water percolates through the floor and walls),through the use of adjacent soil borings. A singleboring located within two feet of the downstreamside of the structure shall be sampled at a depthcorresponding to the bottom of the structure. Ifhighly permeable soils are encountered andvolatile organics sampling is required, sample atthe next lower permeability soil horizon or zero tosix inches above the saturated zone, or at 9.5 to10 feet, whichever is encountered first; and

iv. Ground water discharging from storm sewersystems which contain dry weather flow (that is,five days following the most recent rainfall) shallbe sampled at the discharge point and analyzedfor potential contaminants discharged orpotentially discharged into the system; and

5. For all boiler and compressor discharges, if thereis reason to believe a potential contaminantdischarge has occurred, sampling shall beconducted pursuant to (e) below (Discharge/WasteDisposal Areas).

(e) The site investigation shall also satisfy thefollowing requirements for all discharge andwaste disposal systems and areas.

1. For any discharge areas and areas of discoloredsoil or stressed vegetation where specificrequirements are not otherwise provided in thissection:

i. Each distinct area shall be evaluatedindependently as an area of concern;and

ii. Initial characterization samples shallbe biased based on field indicatorssuch as soil discoloration, stressedvegetat ion, or f ield instrumentmeasurements toward those areas ofgreatest suspected contamination.

24

Sample frequency shall be at least onesample for every 900 square feet forareas up to 300 feet in perimeter.Sample frequency may be reduced forlarger areas, subject to the Department'sreview of documentation pursuant toN.J.A.C. 7:26E-1.6(c) specifying why thereduced sample frequency wasconsidered adequate.

2. Above ground treatment systems shall besampled pursuant to the requirements for thefunctional portions of the system pursuant to (a)above (Tanks). For example, any above groundwaste treatment tanks over unpaved soil shall besampled pursuant to (a)1 above.

3. For below grade wastewater treatment systems:

i. For tanks, septic tanks, separators,and neutralization pits, two samplesshall be collected from within the tank,one aqueous and one sludge sample,for analysis unless documentationacceptable to the Department pursuantto N.J.A.C. 7:26E-1.6(c) is provided inthe site investigation report (N.J.A.C.7:26E-3.13) specifying why suchsampling was not considerednecessary to confirm that only sanitarywaste was discharged to the systemduring the entire life of the system.Documentation shall include, withoutlimitation, an affidavit certifying that onlysanitary waste was ever discharged tothe system and that no present orformer floor drains, sinks, or otherunits in process areas were everconnected to the system.

ii. For septic disposal fields:

(1) Soil borings shall becompleted as specified below foronsite disposal fields unlessdocumentation acceptable to theDepartment is provided in the siteinvestigation report (N.J.A.C.7:26E-3.13) specifying why soilborings were not considerednecessary to confirm that onlysanitary waste was discharged tothe system pursuant to (e)3iabove.

(2) At least one boring per 500square feet of field area shall becompleted, with a minimum of fourborings per disposal field.

(3) Borings shall be located withintwo feet of the edge of the bedarea in active disposal fields, butshall be angled so that samplesare taken below the infiltrativesurface as defined in N.J.A.C.7:9A-2.1, and directly belowlaterals within abandoned fields.

(4) Borings shall be located toinclude the first five feet of theinfiltrative surface as defined inN.J.A.C. 7:9A-2.1 and shall bespaced so that samples arerepresentative of the entiredisposal field.

(5) Soil samples shall be taken ata depth corresponding to zero tosix inches below the bottom of theinfiltrative surface as defined inN.J.A.C. 7:9A-2.1.(6) If material to be sampled hasless than 15 percent silt and/orclay and volatile organics samplesare required, volatile organics soilsamples shall be taken at the firstlower permeability soil horizon orat zero or six inches above thesaturated zone, or at 9.5 to 10 feet,whichever is encountered first.

iii. For cesspools, seepage pits, asdefined in N.J.A.C. 7:9A-2.1, and drywells:

(1) Sampling shall be conductedin accordance with (e)3iii(2)through (5) below, unlessdocumentation acceptable to theDepartment is provided in the siteinvestigation report (N.J.A.C.7:26E-3.10) specifying whysampling was not considerednecessary, for example, to confirmthat only sanitary waste or stormwater was discharged to thesystem pursuant to (e)3i above;

(2) One representative sample ofsludge/sediment in each pit shallbe obtained for laboratoryanalysis;

25

(3) A soil boring shall be placedwithin two feet of the suspecteddowngradient side of the pit andshall extend to a minimum of twofeet below the pit bottom. The soilshall be cored and inspected forevidence of discharge andsamples collected in accordancewith N.J.A.C. 7:26E-3.4(a)1 and 2.If warranted, samples obtained forvolatile organics analysis shall becollected as follows:

(A) Each core shall be fieldscreened with a properlycalibrated photoionizationdetector or flame ionizationdetector (PID/FID) or othersuitable instrument pursuantto N.J.A.C. 7:26E-2.1(b);

(B) If field measurementreadings are detected abovebackground, coring shall beextended until backgroundreadings are achieved, orground waste or bedrock isencountered;

(C) An undisturbed samplefrom the six inch intervalregistering the highest fieldmeasurement reading shallbe collected and analyzed forvolatile organics;

(D) If all intervals register thesame measurement or,although not recommended, aPID/FID or similar instrumentwas not used, an undisturbedsample shall be collectedfrom the six inch intervalbelow the base of the pit or ifvolatile organics are ofconcern;

(I) If soil consists of 50percent or more siltand/or clay, sample at sixto 12 inches;

(II) If soil consists of 15 to50 percent silt and/or clay,sample at 18 to 24inches;

(III) If soil consists of lessthan 15 percent silt and/orclay, collect a samplefrom the six inch intervalencompassing theinterface between the soilat the base of the pit andthe next lower soil horizonconsisting of 15 percentor more silt and/or clay; orthe six inch interval abovethe saturated zone; or thesix inch interval abovebedrock; or at 9.5 to 10feet, whichever isencountered first.

(4) If the pit bottom is within twofeet of the saturated zone orbedrock, a ground water samplewill be obtained within two feet ofthe suspected downgradient sideof the pit; and(5) At a minimum, the laboratoryanalysis shall target thecontaminants suspected to havebeen discharged to the seepagepit.

iv. Collection lines shall be sampledpursuant to (d)1 above (Floor Drains).

(f) The site investigation shall also satisfy thefollowing requirements for any other potentiallycontaminated areas away from process areasnot otherwise addressed pursuant to (a)through (e) above:

1. The sample locations shall be biasedtoward suspected areas of the greatestcontamination. If there is no basis forbiasing, then random sampling of theseareas is required as follows, except asprovided in (f)2 below:

i. The area to be sampled shall begridded and each grid node given anidentification number;

ii. The grid nodes chosen for samplingshall be based on the numbersselected from a random number chart;

iii. Areas of less than 10 acres shall besampled at a rate of at least onesample for every two acres; and

26

iv. Areas greater than 10 acres may besampled at a reduced frequencysubject to the Department's review ofdocumentation pursuant to N.J.A.C.7:26E-1.6(c) specifying why a reducedfrequency was considered appropriate,but a minimum of five locations shallbe sampled.

2. If the person responsible for conductingthe remediation documents, pursuant toN.J.A.C. 7:26E-1.6(c), that the area is notand has not been used for any purposewhich may have included hazardoussubstances, hazardous wastes, orpollutants, including, without limitation, theactivities described in (a) through (e) above,then no samples are required. Suchdocumentation shall be based upon thefollowing:

i. An aerial photographic historypursuant to N.J.A.C. 7:26E-3.1(c)1vi(Preliminary Assessment); and

ii. An affidavit signed by the personcertifying the site investigation attestingthat, based on diligent inquiry, nopotential contaminants weredischarged in the area.

7:26E-3.10 Site Investigation - BackgroundInvestigation in Soil

(a) If during the site investigation, a suspectedcontaminant is found in any area of concern inexcess of the applicable remediation standard, thefollowing approach may be used to demonstrate tothe Department that the contaminant concentrationis due to natural background:

1. Demonstrate that a previous backgroundinvestigation in the region of the site,conducted pursuant to (a)3 below,identified contaminant concentrations insoil in the region of the site at the sameconcentration as the soil found on the siteunder investigation;

2. Demonstrate that the contaminantconcentrations at the site are due to naturalbackground conditions as follows:

i. The contaminant of concern wasnever used, stored, or disposed on thesite as documented pursuant toN.J.A.C. 7:26E-3.1;

ii. The chemical concentrationsdetected in the soil at the site arewithin the ranges reported inappropriate references for backgroundlevels for New Jersey;

iii. The distribution of the chemical inthe soil does not follow a concentrationgradient indicative of a discharge; and

iv. Soil boring logs indicate thesamples were not collected fromhistoric fill material; or

3. Conduct a background soil investigationas required in the regulations.

(b) If during the site investigation a contaminantconcentration is found in any area of concern inexcess of the applicable remediation standard, itmay be demonstrated to the Department that theelevated contaminant concentration is not due to anonsite discharge on a case by case basis.

7:26E-3.11 Site Investigation - EcologicalEvaluation

(a) A baseline ecological evaluation shall becompleted for each contaminated site or area ofconcern, except an area of concern that consists of anunderground storage tank storing heating oil for on-site consumption in a one to four family residentialbuilding. This baseline evaluation shall be qualitativein nature and based on site investigation sampleresults and a site inspection by a person experiencedin the use of techniques and methodologies forconducting ecological risk assessments inaccordance with EPA guidance. This evaluation shallbe used to determine when further sampling andevaluation is required, pursuant to N.J.A.C. 7:26E-4.7.The results of the baseline evaluation shall beincluded as part of the site investigation reportsubmitted to the Department. The baseline ecologicalevaluation shall:

1. Evaluate all data identified or collectedin the preliminary assessment and thesite investigation to identify all of thesite-specific contaminants that are ofecological concern. Contaminants ofecological concern shall include,without limitation, those that exhibit theability to biomagnify or bioaccumulate,or contaminants with concentrationsthat exceed applicable standards,criteria or guidelines recommended by

27

the Department, NOAA, U.S.Department of the Interior, EPA or otherFederal natural resource agencies foruse in conducting ecologicalassessments and investigations. Suchstandards, criteria and guidelines arelisted in the regulations.

2. Identify environmentally sensitivenatural resources within the siteboundaries and on propertiesimmediately adjacent to the site. Theboundaries of these sensitive areasshall be defined to the extentnecessary to estimate the sensitivearea size and location with respect tothe contaminated site or area ofconcern. The Department ofGeographic Information System shallbe used as a source of information foridentifying these sensitive areas;

3. Identify potential contaminant migrationpathways to any environmentallysensitive natural resources identifiedin (a)2 above; or any observations ofpotential impact to the identifiedenvironmentally sensitive naturalresources that might be attributed tosite contamination; such observationsshall include, but not be limited to:

i. Stressed or dead vegetation;

ii. Discolored soil, sediment or water;

iii. Absence of biota in a specified areaof the system as compared to othersimilar areas of the same system; or

iv. Presence of a seep or discharge;and

4. Draw conclusions regarding the needto conduct further investigations.Continued ecological investigationsshall be required during the remedialinvestigation, pursuant to N.J.A.C.7:26E-4.7, whenever the baselineevaluation indicates the co-occurrenceof the following conditions:

i. Contaminants of ecological concernexist onsite;

ii. An environmentally sensitive naturalresource exists on, or immediatelyadjacent to, the site; and

iii. Potential contaminant migrationpathways to an environmentallysensitive natural resource exist, or animpact to an environmentally sensitivenatural resource is indicated based onvisual observation.

7:26E-3.12 Site Investigation - Historic FillMaterial

(a) If historic fill material is present at the site, itmay be assumed that the fill material iscontaminated above an applicable residentialsoil remediation standard and a remedialinvestigation of the historic fill material may beconducted pursuant to N.J.A.C. 7:26E-4.6(b).

(b) As an alternative to (a) above, if historic fillmaterial is present at the site, it maydemonstrated that the historic fill is notcontaminated above the applicable residentialsoil remediation standards on a case by casebasis.

(c) An appropriate number of ground watersamples (minimum of one sample) are requiredwhen a high degree of certainty is needed todocument that ground water is not contaminated,including, without limitation, if the historic fill siteis in an area where ground water is used forpotable water. All ground water sampling shall beconducted pursuant to N.J.A.C. 7:26E-3.7(c).

7:26E-3.13 Site Investigation Report

(a) The site investigation report shall presentand discuss all of the information identified orcollected pursuant to N.J.A.C. 7:26E-3.3 through3.12.

(b) The site investigation report shall include allof the detailed requirements in the regulationsand the following new items.

iii. The results of the well searchconducted pursuant to N.J.A.C. 7:26E-3.7(e)3, using the well search format atAppendix B; and

iv. The direction of ground water flow,as determined pursuant to N.J.A.C.7:26E-3.7(e)3iv.

(c) The site investigation report shall alsoinclude the following data and information:

28

1. Results of all analyses, copies of alllaboratory data sheets and the requiredlaboratory data deliverables pursuant toN.J.A.C. 7:26E-2.1 (Quality AssuranceRequirements). Laboratory datadeliverables may be submitted as aseparate attachment;

2. A summary table of analytical methodsand quality assurance indicators pursuantto N.J.A.C. 7:26E-2.2(a)1v;3. A table summarizing all samplingresults, including sample location, media,sample depth, field and laboratoryidentification numbers, analytical results,and comparison to applicable remediationstandards organized by area of concern:

i. All contaminant concentrationsexceeding the applicable remediationstandards shall be identified;

ii. Samples with method detectionlimits (MDLs) (or practical quantitationlevels (PQLs) if available) exceedingthe applicable remediation standardshall be identified and an explanationprovided in the table key;

iii. Soils/solids sample results shall bereported in milligrams per kilogram ona dry weight basis, and aqueoussample results shall be reported inmicrograms per liter;

iv. All ground water data for the sameaquifer zone shall be located in thesame section of the table; and

v. The data in the summary table shallbe presented both as a hard copy andan electronic deliverable using theformat outlined in detail in the SiteRemediation Program’s Electronic DataInterchange Manual in effect as of thedate the report is submitted. TheElectronic Data Interchange Manual mayb e o b t a i n e d a thttp://www.state.nj.us/dep/srp/hazsite/index.html or by calling (609) 292-9418.Electronic deliverables are not requiredif the summary table is prepared as partof the remediation of a specific dischargeevent or for an area of concern thatconsists of a storage tank storing heatingoil for on-site consumption in a one to

four family residential building wherethere has been no groundwater impact.

(1) The following locationalinformation shall be submitted:

(A) Horizontal data pointsshall be reported in NewJersey state plane coordinatesusing the North AmericanDatum of 1983 (NAD 1983), inaccordance with theDepartment’s Mapping andDigital Data Standards atN.J.A.C 7:1D Appendix A,using units of U.S. survey feet;

(B) Locational informationcollected in latitude andlongitude shall be convertedto New Jersey state planecoordinates. Conversionprograms can be obtained athttp://www.state.nj.us/dep/srp/hazsite/index.html.

(2) All vertical data points shouldbe reported as depth belowground surface, and in mean sealevel using the North AmericanVertical Datum of 1988 (NAVD1988) in accordance with theDepartment's mapping and digitaldata guidance which can bereferenced athttp://www.state.nj.us/dep/gis/.

(3) All submissions of electronicdata which contain locationalinformation should also include ametadata file. For guidance increating a metadata file, see theversion of the Department'smapping and digital data guidancerecent to the time of submission. This guidance document is locatedat http://www.state.nj.us/dep/gis/.

(d) The site investigation report shall alsoinclude the following legible maps anddiagrams:

1. Site and area of concern base mapspursuant to N.J.A.C. 7:26E-3.2(a)3i;2. Sample location map(s), including:

i. All sample locations, sample depthsand contaminant concentrations shall

29

also be plotted on the map. Where anentire contaminant class is notdetected or is less than the applicableremediation standard, contaminantsneed not be listed individually;

ii. Map scale (including bar scale) andorientation (including north arrow);

iii. Field identification numbers for allsamples; and

iv. If more than one map is submitted,maps shall be presented as overlays,keyed to the base map in (d)1 above;sample locations may besuperimposed on the site or area ofconcern map in (d)1 above.Alternatively, individual maps may besubmitted which have a commoncoordinate system and common scale,provided each map details the featuresof the base map in (d)1, above;

3. If applicable, a map of the distribution ofsurface water, structure and airbornecontaminants, including sample locationnumbers and contaminant concentrations;

4. Photos may be submitted to documentthe location of all soil and sediment samplelocations; and

5. A ground water elevation contour mapand a Contour Map Reporting Form setforth in Appendix G, incorporated herein byreference, for each aquifer for whichgroundwater flow was determined. Eachmap shall indicate the direction ofgroundwater flow relative to site features,and include a north arrow and bar scale.

SUBCHAPTER 4. REMEDIAL INVESTIGATIONS

7:26E-4.1 Remedial Investigation Requirements

(a) A remedial investigation is necessary ateach area of concern with contaminants whichexceed the applicable unrestricted use soilremediation standards or the applicablegroundwater or surface water remediationstandard pursuant to N.J.A.C. 7:26E-1.13. Thepurposes of a remedial investigation are to:

1. Delineate the horizontal and verticalextent of contaminants in all media at thesite pursuant to (b) below;

2. Determine the general surface andsubsurface characteristics of the site,including, without limitation, the depth toground water;

3. Identify the migration paths and actual orpotential receptors of contaminants on orthrough air, soil, bedrock, sediment, groundwater, surface water, and structures at acontaminated site;

4. Collect and evaluate all data necessaryto evaluate remedial action alternatives.These data may be gathered throughstudies including, without limitation,treatability studies, bench scale studiesand pilot scale studies (these studies maybe conducted pursuant to EPA 540/2-89/058 "Guide for Conducting TreatabilityStudies Under CERCLA").

i. Any such data collection, shall beinitiated as soon as the general extentof contamination is known, usuallyafter the first delineation phase and, ata minimum, these studies shall beinitiated by the end of the seconddelineation phase;

5. Collect and evaluate all data necessaryto evaluate the actual and potentialecological impacts and to characterize allnatural resource injuries, including thenature and extent of injury to soil, water,flora and fauna, caused by thecontaminants of potential ecologicalconcern at the site;

6. Collect all data necessary to developpermit limitations for any discharge to anenvironmental medium which may berequired for any remedial action alternativeunder consideration;

7. Identify containment and/or stabilizationactivities to prevent contaminant exposureto onsite receptors and to prevent the offsitemigration of contaminants while remedialalternatives are being evaluated.

(b) The delineation of the horizontal and verticallimits of contamination to the applicableunrestricted use remediation standard for allmedia shall be conducted as part of theremedial investigation. When the future use ofan area under investigation is known to berestricted and the property owner has agreed to

30

place a deed notice on the propertyappropriately restricting its use, the personresponsible for conducting the remediation maydelineate the horizontal and vertical limit of thesoil contamination to the applicable restricteduse standard or the applicable ground waterimpact soil cleanup criteria, whichever is lower.The person responsible for conducting theremediation at the site shall determine if soilcontamination has migrated off the property, atany depth, above the applicable unrestricteduse standard. Delineation samples shall bebiased to identify any migration paths of thecontaminant. Samples shall be biased basedon professional judgment, area history,discolored soil, stressed vegetation, drainagepatterns, field instrument measurements, odorand other field indicators. Delineation shall beaccomplished by either:

1. Presentation of sample data thatindicates contamination is below theapplicable remediation standard. This maybe accomplished after a remedial actionhas been implemented; or

2. By establishment of a contaminantgradient as follows:

i. Contaminant levels decrease by:

(1) Ten percent or more betweenthe initial characterization sampleand each of two sequentialdelineation samples; or

(2) A factor of five or more betweenthe initial characterization sampleand a single delineation sample;and

ii. Once a contaminant gradient hasbeen established, the approximatelimits of contamination may bereasonably estimated by extrapolationin order to complete the remedialinvestigation. However, when acontaminant gradient is used toestimate the limits of contamination,the extent of contamination above theapplicable unrestricted useremediation standard shall beconfirmed using laboratory analysesprior to the completion of a remedialaction; and

3. If a vertical soil contaminant gradient hasnot been established to the water table:

i. For contaminants having watersolubility greater than 100 milligramsper liter at 20 degrees Celsius to 25degrees Celsius, saturated zone soilshall be delineated for residual productpursuant to N.J.A.C. 7:26E-2.1(a)11,and for direct contact soil cleanupcriteria; and

ii. For other contaminants, delineate fordirect contact soil cleanup criteria.

7:26E-4.2 Remedial Investigation Workplan

(a) If a remedial investigation workplan isrequired by the Department in an oversightdocument or by the ISRA or UST programs, theworkplan shall include proposals to completeall applicable requirements pursuant to N.J.A.C.7:26E-4.1 and 4.3 through 4.7. The remedialinvestigation workplan shall be presented in aformat that corresponds to the outline of thissection.

New requirements are that:

Photos shall include a bar scale.

iii. A copy of the United States GeologicSurvey (USGS) 7.5 minute topographicquadrangle that includes the site andan area of at least a one mile radiusaround the site shall be required. Thismap shall be that USGS revision ineffect at the time of the report and shallclearly note the facility location andproperty boundaries. When a portion ofthe USGS quadrangle is used, thescale (including a bar scale), northarrow, contour interval, longitude andlatitude, along with the name and dateof the USGS quadrangle shall be notedon the map;

7:26E-4.3 Remedial Investigation of Soil

(a) The remedial investigation shall include aninvestigation of all soil which may containcontaminants above the applicable soilremediation standards.

(b) The remedial investigation of the soil shallbe conducted for the purposes of a remedialinvestigation pursuant to N.J.A.C. 7:26E-4.1

31

according to the requirements in theregulations.

7:26E-4.4 Remedial Investigation of Groundwater

(a) A remedial investigation of ground water foran area of concern shall be conducted if:

1. A ground water sample previouslycollected from that area of concern containsa contaminant above the applicable groundwater remediation standard;

2. A soil sample collected from that area ofconcern within two feet of the saturatedzone or bedrock contains a contaminantabove the applicable soil remediationstandard;

3. A soil sample collected in the area ofconcern anywhere in the soil columncontains a contaminant above theapplicable soil remediation standard andthe contaminant is not going to be activelyremediated or removed;

4. Any contaminant in an area of concernhas a water solubility greater than 100milligrams per liter at 20 degrees Celsiusto 25 degrees Celsius as listed in a peerreviewed reference; and

i. All of the soil between thecontaminant and the saturated zone isless than 15 percent silt and/or clay; or

ii. Any part of the area of concern atwhich the soil contamination wasdetected is located within 2,000 feet ofa public supply well, as determinedfrom a map of such wells which isavailable from the Department Bureauof Revenue—Maps and Publications(609-777-1038) or through theDepartment's Internet home page(http://www.state.nj.us/dep/njgs , thenselect "Geodata"). A ground watersample is not required ifdocumentation acceptable to theDepartment is provided in the remedialinvestigation report (N.J.A.C. 7:26E-4.8)specifying why such sampling was notconsidered necessary.

(b) A ground water sample may not benecessary in a remedial investigation for aparticular area of concern if the person

responsible for conducting the remediationdocuments that ground water contaminationfrom the discharge is unlikely based on thecriteria spelled out in the regulations.

(d) Ground water samples shall be takenpursuant to acceptable professional methods,such as those described in the NJDEP FieldSampling Procedures Manual in effect as of thedate the samples were taken. The personresponsible for conducting the investigationmay implement an alternate sampling methodnot described in the Manual, subject to theDepartment's review of documentation pursuantto N.J.A.C. 7:26E-1.6(c).

(e) All initial ground water sampling points shallbe located in:

1. The excavation of each source of acontaminant, if possible, including withoutlimitation, tanks and tank distributionsystems, and Underground InjectionControl (UIC) units such as seepage pits,septic systems, dry wells or other injectionwells regulated under N.J.A.C. 7:14A-5; or

2. The expected downgradient flowdirection of the area of concern and within10 feet of the area of concern; ground waterflow direction shall be predicted based ontopographic relief, the location of surfacewater bodies, structural controls in thebedrock or soils, location of pumping wellsand subsurface conduits at or below thewater table.

(f) The minimum number of ground watersamples collected shall be as follows:

1. At least one ground water sample foreach area of concern which is classified asan Underground Injection Control (UIC) unitincluding, without limitation, seepage pits,septic systems, dry wells or other injectionwells regulated under N.J.A.C. 7:14A-5;

2. At least one ground water sample forsites with leaking underground storagetanks and tank fields containing up to threetanks with a maximum capacity of 10,000gallons per tank. If a leaking tank isexcavated, the ground water sampling pointshall be located within the excavation, ifpossible;

3. Pump islands and associated pipinggreater than 25 feet from the tank field shall

32

be considered separate areas of concernand shall require a separate ground watersample location; and

4. At least one ground water sample for allother areas of concern unless the area ofconcern is within 10 feet hydraulicallyupgradient of a ground water samplinglocation.

(g) All ground water monitoring wells andpiezometers shall:

1. Be constructed pursuant to N.J.A.C. 7:9D. Variations from the well constructionprocedures in N.J.A.C. 7:9D shall beproposed to the assigned case managerprior to requesting a variance underN.J.A.C. 7:9D. Failure to install a well orpiezometer in accordance with current wellconstruction specifications in N.J.A.C. 7:9Dcan result in rejection of results, andrequirements to decommission the well orpiezometer;

2. Be installed after the required welldrilling permits are obtained pursuant toN.J.A.C. 7:9D;

3. Be installed by a licensed New Jerseywell driller pursuant N.J.A.C. 7:9D;

4. Have split spoon samples collectedduring drilling through unconsolidated oroverburden material using AmericanSociety of Testing Materials (ASTM) MethodD1586-84, incorporated herein byreference, if appropriate. Split spoonsamples shall be logged every five feet andat any change in soil lithology and at allzones that show obvious signs ofcontamination. At least one drilling locationper area of concern shall includecontinuous split spoon samples to definethe subsurface stratigraphy. Drilling logsshall include all data required pursuant toN.J.A.C. 7:26E-3.6 (Soil Investigations).Other methods may be used ifdocumentation acceptable to theDepartment is provided indicating that themethods were appropriate;

5. Have a sufficient number of rock corescollected during the drilling of bedrockmonitoring wells, piezometers and otherborings, if appropriate, to obtain a generalunderstanding of the fracture patternsbeneath the site. The corings shall be

conducted using the ASTM 2113 DiamondDrilling Method, as amended andsupplemented, incorporated herein byreference. Other methods may be used ifdocumentation acceptable to theDepartment is provided indicating that themethods were appropriate. The core logsshall include:

i. Lithology;

ii. Fracture frequency;

iii. Degree of weathering;

iv. Fracture spacing;

v. Orientation of fractures;

vi. Odors and discoloration in the rockcore;

vii. Percent recovery; and

viii. Any other information appropriatefor the investigation.

6. If appropriate, an evaluation of thebedrock structure at the site including strikeand dip of the bedding planes, orientationof faults, joints and fractures; plunges andtrends of folds, must be completed througha field evaluation. Published geologicliterature may be used if appropriate.

7. Be surveyed by a New Jersey licensedsurveyor as follows:

i. The inner well casing must besurveyed to the nearest hundredth(0.01) foot in relation to the permanent,on-site datum and horizontally to anaccuracy of one-tenth of a secondlatitude and longitude; and

ii. A permanent water levelmeasurement mark shall be etchedonto the top of the inner well casing toallow for accurate, consistent andcomparable water levelmeasurements over time.

8. Be developed to yield a non-turbiddischarge, when possible;

9. Be decommissioned upon completion ofthe investigation in accordance with

33

N.J.A.C. 7:9D unless otherwise approvedby the Department;

10. Have the monitoring well permitnumber and site specific well identificationnumber prominently displayed andpermanently affixed to the monitoring well;and

11. Be constructed with a locking cap andgenerally protected from damage andvandalism. Any damage or vandalism to amonitoring well or piezometer shall bereported to the Department, and thedamaged monitoring well or piezometershall be properly repaired ordecommissioned in accordance withN.J.A.C. 7:9D.

(h) The results of initial ground water analysesshall be evaluated as follows:

1. If the contaminant concentrations foundin all ground water samples are below theapplicable remediation standards, nofurther remediation is necessary for groundwater;

7:26E-4.5 Remedial Investigation of SurfaceWater, Wetlands and Sediment

(a) The remedial investigation shall include aninvestigation of any surface water, wetlands andsediments which may have been impacted bycontamination emanating from the site.

(b) The remedial investigation of surface water,wetlands and sediment shall be conducted forthe purposes of a remedial investigationpursuant to the requirements for the appropriatemedia in N.J.A.C. 7:26E-3.4 and 4.1 accordingto the quality assurance and quality controlrequirements pursuant to N.J.A.C. 7:26E-2.

(c) The surface water investigation shall beconducted pursuant to (d) below to evaluate therelationship between contaminated groundwater, sediments and surface waters, unless:

1. Documentation acceptable to theDepartment pursuant to N.J.A.C. 7:26E-1.6(c) is provided with the remedialinvestigation report (N.J.A.C. 7:26E-4.8)specifying why this migration pathway wasnot considered significant; or

2. The Department approves a lessstringent water quality analysis:

i. Based on site-specific conditions;and

ii. Supported by appropriate supportingdocumentation.

(d) The surface water investigation shallinclude:

1. Sampling designed to account forseasonal or short-term flow and waterquality fluctuations (dry vs. wet weather),system hydraulics (obtaining flowproportioned samples) and potentialcontaminant characteristics (density,solubility).

2. A receiving water body analysis on anysurface water body to which contaminatedgroundwater is discharging, including awater quality analysis program withsampling stations upstream anddownstream of the contaminated site, anyexisting point source discharges at thatsite, and any proposed discharge locationsas follows:

i. Procedures in accordance with themethods identified in (d)2ii below,including, without limitation:

(1) Water quality sampling for eachconstituent of concern potentiallyemanating from a site;

(2) At least two sample sets mustbe taken during critical, low flowconditions;

(3) At least one sediment sampleshall be taken and analyzed for theappropriate parameters identifiedin (d)2i(1) above, during one of thesampling events;

(4) For non-tidal water bodies,samples shall be taken at the areaof discharge, and at least onelocation downstream;

(5) For tidal water bodies,samples shall be taken at the areaof discharge at high, low, andslack tides; and

34

(6) Depending upon site-specificconditions, additional samplesmay be necessary to define loadsfrom other point sources,tributaries, and other non-pointsources; and

ii. All methods shall be consistent withgenerally accepted professionalmethods, such as those described inthe NJDEP "Field Procedures ManualFor Water Data Acquisition," or the EPAhandbook "Instream Sampling forWaste Load Allocation Applications;"any deviations from these twodocuments shall be documentedpursuant to N.J.A.C. 7:26E-1.6.

7:26E-4.6 Remedial Investigation of Landfills andHistoric Fill Material

(a) The remedial investigation shall include,unless the remedial investigation is beingconducted pursuant to ISRA, an investigation ofall landfills as follows:

1. The remedial investigation of landfillsshall be conducted pursuant to N.J.A.C.7:26E-4.1 according to the qualityassurance and quality control requirementspursuant to N.J.A.C. 7:26E-2;

2. Landfill investigations shall characterizethe contents of the landfill through acomplete file review, which shall include areview of the Department's GeographicInformation System. In addition, thehorizontal and vertical extent of fill materialand impact on the soil, ground water, airand surface waters shall be evaluated;

3. The boundaries of the landfill shall beidentified through geophysical sensingtechniques, or subsurface explorationtechniques including test pits or borings, oran aerial photographic history, or localgovernment records, or use of theDepartment's Geographic InformationSystem. Other methods may be used ifdocumentation acceptable to theDepartment pursuant to N.J.A.C. 7:26E-1.6(c) is provided in the remedialinvestigation report (N.J.A.C. 7:26E-4.8)specifying why the methods wereconsidered appropriate; and

4. The person responsible for conductingthe remediation shall review all records

pertaining to the landfill to determine if anyhazardous waste pursuant to N.J.A.C. 7:26may have been disposed in the landfill.

(b) The remedial investigation of historic fillmaterial shall identify the location of the fill andcharacterize the fill material, including adetermination of the presence of anycontaminated non-historic fill material and anyfree and/or residual product pursuant to N.J.A.C.7:26E-2.1(a)11, as follows:

1. The remedial investigation of historic fillmaterial shall be conducted to identify thelocation, vertical limits, and physicalcharacteristics of the historic fill materialusing borings, test pits, or trenches. Allcontaminated fill material, including bothhistoric and non-historic fill, shall be loggedand mapped. The investigation shallinclude:

i. At least four borings or test pits peracre of historic fill material with aminimum of four borings or test pitsper site. The location of the borings ortest pits shall be representative of theareal extent of the fill and shall beadvanced through the fill material tonative soil, meadow mat, or bedrock sothat the vertical limit of the fill materialis established. If the contaminated fillmaterial extends below the water table,borings or test pits shall extend belowthe water table as necessary toestablish the vertical limit of the fillmaterial;

2. The remedial investigation of historic fillmaterial shall identify the horizontalboundaries of the contaminated fill materialarea as follows:

i. A minimum of four borings or test pitsshall be installed in non-fill areasspaced equidistantly around theperimeter of the contaminated fillmaterial area;

ii. If fill material is known to beubiquitous in the vicinity of the site,aerial photos or other applicabledocumentation, such as informationobtained from the Department'sGeographic Information System, maybe submitted in lieu of perimeterborings or test pits to verify that historicfill is site-wide; and

35

iii. Delineation of historic fill material isnot required beyond the propertyboundary;

3. The historic fill material may becharacterized by using the optional historicfill database maximum and averagecontaminant levels for historic fill materialas set forth in Table 4-2 below or bycollecting and analyzing contaminantcharacterization samples from each type ofhistoric fill present (for example, ash anddemolition debris are considered to bedifferent types of fill material) to determinethe site specific contaminant levels, asfollows:

i. At least four samples per acre, per filltype are required;

ii. The actual number and location ofsamples collected shall be based onthe variability of fill types andcontaminant ranges present in ahistoric fill area and selected inaccordance with N.J.A.C. 7:26E-3.4(a);

iii. At least one sample for laboratoryanalysis shall be collected from eachboring and analyzed as follows:

(1) Analysis of rubble, ash,cinders, and dredge spoils shallbe conducted for total petroleumhydrocarbons and priority pollutantmetals in all samples, polynucleararomatic hydrocarbons (per EPAPriority Pollutant List) and PCBanalysis required on 25 percent ofthe samples, biased to sampleshaving the highest total petroleumhydrocarbon levels, and fieldscreening for volatile organiccompounds shall be conductedduring the installation of allexploratory borings and test pitswith volatile organic laboratoryanalysis performed on allsamples with elevated fieldinstrument measurements(greater than five timesbackground);

(2) Any other fill material shall beanalyzed for total petroleumhydrocarbon in all samples, andPriority Pollutant plus forty analysis

or EPA Target CompoundList/Target Analyte List analysisshall be conducted for 25 percentof all samples;

(3) In addition to contaminantanalysis required in (b)3iii(1) and(2) above, samples shall also beanalyzed for any other suspectedcontaminants based on diligentinquiry of the origin of the fillmaterial and site history; and

(4) If more than one type of historicfill material is encountered in anyboring or test pit, one sample isrequired for each type of fillmaterial encountered. Forexample, if ash and demolitiondebris are encountered in thesame boring, one sample of eachis required from that boring; and

4. Areas of concern located in historic fillmaterial shall be investigatedindependently of the historic fill material. Todifferentiate between contaminants in filland those from site discharges, anevaluation of the contaminant type andconcentration gradient in each area ofconcern and the contaminant distribution inthe fill shall be conducted. If this evaluationis not conclusive the Department mayrequire additional data or information;

5. If at any time during the remedialinvestigation of fill material the personresponsible for conducting the remediationencounters materials that do not meet thedefinition of historic fill material because itincludes material which is substantiallychromate chemical production waste or anyother chemical production waste or wastefrom processing of metal or mineral ores,residues, slag or tailings, free and/orresidual product, as determined pursuantto N.J.A.C. 7:26E-2.1(a)11, or containerizedwaste, the remediation of each such areashall be conducted as a separate area(s)of concern pursuant to N.J.A.C. 7:26E-4;and

6. An appropriate number of ground watersamples (minimum of one sample) arerequired when a high degree of certainty isneeded to document that ground water isnot contaminated, including, withoutlimitation, if the historic fill site is in an area

36

where ground water is used for potablewater. Any ground water sampling shall beconducted pursuant to N.J.A.C. 7:26E-3.7(c).

7:26E-4.7 Remedial Investigation of Ecological Receptors

(a) If further ecological investigation is requiredpursuant to N.J.A.C. 7:26E-3.11(a)4, additionalinvestigation shall be conducted during theremedial investigation to characterize the extentof contamination along contaminant migrationpathways and within an environmentallysensitive natural resources. Neither anecological investigation nor an ecological riskassessment is required for contaminatedground water, but see N.J.A.C. 7:26E-4.8(c)12for reporting requirements. Ecologicalinvestigations and risk assessments shall beconducted by a person experienced in the useof techniques and methodologies forconducting ecological risk assessments inaccordance with EPA guidance. Ecologicalinvestigations and risk assessments shall beconducted in accordance with EPA and otherFederal guidance, as applicable, including,without limitation, those listed in theregulations.

7:26E-4.8 Remedial Investigation Report

(a) The remedial investigation report shallcomply with all requirements in N.J.A.C. 7:26E-3.13 (site investigation report) and in additionshall present and discuss any additionalinformation collected pursuant to N.J.A.C.7:26E-4.1 through 4.7 and the approvedremedial investigation workplan as outlined inN.J.A.C. 7:26E-4.2 if applicable. The remedialinvestigation report shall be presented in aformat that corresponds to the outline of thissection.

(b) The remedial investigation report shallinclude the following:

1. Historical information pursuant toN.J.A.C. 7:26E-4.2(b)3;

2. Physical setting pursuant to N.J.A.C.7:26E-4.2(b)4, including but not limited to:

i. The results of the groundwater flowdirection confirmation conductedpursuant to N.J.A.C. 7:26E-4.4(h)3ii;and

ii. The results of the updated wellsearch conducted pursuant to N.J.A.C.7:26E-4.4(h)3v, including a conclusionas to whether any wells may beimpacted by the contaminant plume. The results of the well search shall bepresented on the well search form atAppendix B.

3. Technical overview pursuant to N.J.A.C.7:26E-3.13(b)3 and, in addition, thefollowing items shall be discussed:

i. A summary of the results of anytreatability, bench scale, or pilotstudies conducted to support remedyselection;

ii. A summary of the results of any datacollected to develop permit limitationsfor any permits which may be requiredduring potential remedial actions; and

iii. A summary of the results of anyecological assessments conducted;and

4. Findings/recommendations pursuant toN.J.A.C. 7:26E-3.13(b)4.

(c) The remedial investigation report shallinclude the detailed following data andinformation as required in the regulations:

New requirements include:

1. Site and area of concern base mapspursuant to N.J.A.C. 7:26E-4.2(b)3i. If morethan one map is submitted pursuant to (d)2below, maps shall be presented asoverlays, keyed to the base map or eachmap shall include all the information shownon the base map. Sample locations maybe superimposed on the base maps.

2. Sample location map(s), including:

i. All ground water, soil, sediments andother sample locations; sample depthand contaminant concentration shallalso be plotted on the map;

ii. Map scale (including bar scale) andorientation (including north arrow);

iii. Field identification numbers for allsamples;

37

iv. A groundwater elevation contourmap and a completed Contour Mapreporting Form (see Appendix G) foreach set of static water levelmeasurements for each aquifer forwhich groundwater flow wasdetermined, indicating the direction ofgroundwater flow and site features, andincluding a north arrow and appropriatebar scale;

SUBCHAPTER 5. REMEDIAL ACTION SELECTION

7:26E-5.1 Remedial Action Selection

(a) The purpose of remedial action selection isto select, develop and implement the mostappropriate remedial action for a particularcontaminated site or area of concern beinginvestigated pursuant to N.J.A.C. 7:26E-3 and 4. Table 4 has a list of the types of remedial actionavailable.

(b) A person selecting a remedial action shallfirst establish the remedial actionobjectives/goals for the site or area of concernby:

1. Identifying all media of concern;

2. Selecting applicable remediationstandards based on the current and futureland use for the site;

(d) The remedial investigation report shallinclude the following legible maps anddiagrams:

38

TABLE 4

TYPES OF REMEDIAL ACTION

ACTIVE GROUDNWATER REMEDIAL ACTION

DEED NOTICE

ENGINEERING CONTROLS ( Includes caps, fences, remediation systems and others)

GROUNDWATER CLASSIFICATION EXCEPTION AREAS

INNOVATIVE REMEDIAL ACTION TECHNOLOGY

INSTITUTIONAL CONTROLS (Includes CEAs, Deed Notices and DERs)

INTERIM RESPONSE

LIMITED RESTRICTED USE REMEDIAL ACTION ( Requires Institutional Controls but not Engineering Controls)

NATURAL GROUNDWATER REMEDIATION

REMOVAL

RESTRICTED USE STANDARD (means that a site was remediated only to a point where certain restricted usescan occur)

TREATMENT

39

3. For each media of concern, selecting betweenactive treatment versus containment and exposurecontrols; and

4. For contaminated soil, selecting amongan unrestricted use, limited restricted useor restricted use remedial action.

(c) A person responsible for conducting aremediation for a site shall select a remedialaction that reduces or eliminates exposure tocontaminants above the applicable remediationstandard. In determining the appropriateremedial action that will reduce or eliminateexposure to contaminants above the applicableremediation standard, the person responsiblefor conducting the remediation shall select,develop and implement a remedial action thatis based on the following factors:

1. The ability of the remedial action toprotect the public health and safety and theenvironment, including:

i. The technical performance andeffectiveness of the remedial action inattaining compliance with theapplicable remediation standards;

ii. The reliability of the remedial actionin maintaining compliance with theapplicable remediation standards;

iii. The degree to which the proposedremedial action reduces toxicity,mobility, or volume of contaminantsthrough treatment, reuse or recycling;

iv. The degree to which the remedialaction minimizes risks and short-termimpacts associated with theimplementation of the remedy and withany contamination left on-site, whilestill providing long-term protection; and

v. The degree to which the potential foroff-site migration of contaminationthrough erosion, subsurface migrationor other migration pathways ismitigated or eliminated;

2. The implementability of the proposedremedial action, including:

i. The engineering and scientificfeasibility and availability of thetechnologies that the proposed

remedial action would employ. Iftreatability, bench scale, or pilotstudies have been conducted pursuantto N.J.A.C. 7:26E-4.1(a)4, these resultsshall be utilized to determine whetheror not the proposed remedial action istechnically feasible;

ii. The ability of the person responsiblefor conducting the remediation toimplement the proposed remedialaction within a reasonable time frame.A proposed remedial action will beconsidered timely if it will achieve theapplicable remediation standard withinfive years from the time the remedy isimplemented, or in the case whereDepartment approval of a remedialaction workplan is required or sought,five years from remedial actionworkplan approval. Remedial actionsto address immediate environmentalconcerns shall be considered timelyas specified by the Department in anoversight document pursuant toN.J.A.C. 7:26C; and

iii. The property owner's writtenagreement to the implementation ofthe limited restricted use or restricteduse remedial action including allrequirements for engineering andinstitutional controls pursuant toN.J.A.C. 7:26E-8;

3. The consistency of the proposedremedial action with other applicableFederal, State and local laws andregulations, including, without limitation,the provisions of the Pinelands ProtectionAct, P.L. 1979, c.111 (N.J.A.C. 13:18A-1 etseq.), any rules promulgated pursuantthereto, and the provisions of section 502 ofthe National Parks and Recreation Act of1978, 16 U.S.C. §4711;

4. The potential impacts of the proposedremedial action on the local community,including, without limitation:

i. The potential impacts to thecommunity identified by the responsesthat the person responsible forconducting the remediation receivesfrom the notice provided to the localgovernment in accordance withN.J.A.C. 7:26E-1.4 (a); and

40

ii. The degree to which the proposedremedial action is consistent with thelocal land use Master Plan; and

5. The potential for the selected action tocause natural resource injury.

Examples of remedial actions that maycause natural resource injury and include, without limitation:

(1) Pumping ground water thatdeprives a wetland of its primarywater source;

(2) Capping a landfill whichinvolves destroying adjacentwetland; and

(3) Pump and treat ground waterremedial action with discharge tosurface water.

Examples of information that would be evaluatedwhen assessing a ground water remedial action arelisted in the regulations.

(d) A person responsible for conducting theremediation may select an innovative remedialaction technology for any site, area of concern orcontaminated media, upon review and approvalof an application submitted to the Department.The application requirements are included inthe regulations.

7:26E-5.2 Remedial Action Selection Report

(a) The person responsible for conducting theremediation shall demonstrate to theDepartment that the proposed remedial actionis appropriate by submitting a remedial actionselection report to the Department for approval,prior to implementation of the remedial action,when:

1. The selected remedial action is arestricted use remedial action, except forinterim response actions immediatelynecessary to contain or stabilize adischarge in order to prevent damage topublic health, safety or the environment.

2. The selected remedial action utilizes aninnovative remedial action technology;

3. The selected remedial action will takelonger than five years to complete from the

time the remedial action is implemented, orthe remedial action workplan is approvedby the Department; or

4. The selected remedial action is beingimplemented to address ground water,surface water or sediment contamination orecological impact.

(b) A remedial action selection report is notrequired if the site being remediated is subjectto the requirements for preparing a feasibilitystudy pursuant to CERCLA or a correctivemeasures study pursuant to RCRA.

(c) The remedial action selection report shall bepresented in a format that corresponds to theoutline of this section, except that for innovativeremedial action technologies the format shallinclude the information required at N.J.A.C.7:26E-5.1(d), and shall include:

1. A detailed description of the selectedremedial action including, withoutlimitation, specifications for engineeringand institutional controls and a plan formonitoring of such controls pursuant toN.J.A.C. 7:26E-8;

2. A list of the remediation standards thatthe proposed remedial action will complywith for each media of concern at eacharea(s) of concern;

3. A discussion of how the proposedremedial action satisfies all of the criteriapursuant to N.J.A.C. 7:26E-5.1(c), (d), ifapplicable, and (e); and

4. The Department may require thesubmittal of any additional informationregarding remedial action selection whichis necessary for the Department todetermine if the remedy is appropriate.

(d) Where Department pre-approval of aremedial action workplan is required pursuantto N.J.A.C. 7:26E-6.1(b), or sought, the remedialaction selection report should be submitted inconjunction with the final remedial investigationreport, N.J.A.C. 7:26E-4.8. If the remedial actionselection report is not submitted with the finalremedial investigation report, the remedialaction selection report shall be submitted withthe remedial action workplan, N.J.A.C. 7:26E-6.2.

41

(e) Where Department pre-approval of aremedial action workplan is not required orsought, the remedial action selection reportshall be submitted with the remedial actionreport, N.J.A.C. 7:26E-6.7.

SUBCHAPTER 6. REMEDIAL ACTION

7:26E-6.1 Remedial Action Requirements

(a) The person responsible for conducting theremedial action shall notify the Department andthe local governing body pursuant to N.J.A.C.7:26E-1.4. Table 4 has a list of the types ofremedial action available.

(b) Each remedial action implemented at acontaminated site shall:

1. Be approved by the Department prior toimplementation, if a remedial actionselection report is also required pursuantto N.J.A.C. 7:26E-5.2(a);

2. Comply with all applicable remediationstandards in effect at the time the remedialaction workplan is approved by theDepartment, provided, however, that if theapplicable numeric remediation standardsdecrease by an order of magnitude or moreprior to the issuance of a No Further ActionLetter for the area of concern or the site, theperson responsible for conducting theremediation shall be responsible for anyadditional necessary remediation toachieve the new remediation standards;

3. Comply with all applicable Federal, State,and local laws, regulations, andrequirements; and4. Not in itself cause an uncontrolled orunpermitted discharge or transfer ofcontaminants from one media to another.

(c) Single phase remediations, where theremedial action is conducted concurrently withsampling to delineate the contamination and toconfirm contaminant removal, are acceptable.

(d) Free and/or residual product determined tobe present pursuant to N.J.A.C. 7:26E-2.1(a)11shall be treated or removed when practicable,or contained when treatment or removal are notpracticable. Likewise, natural ground waterremediation for dissolved phase contaminationmay be implemented if it is determined by theDepartment that active ground water

remediation for the dissolved phase isimpracticable or not cost-effective. Decisionsregarding the practicability of a remedialdecision shall be made by the Department on acase by case basis. Natural remediation of freeand/or residual product will not be allowed.(e) Institutional controls shall be requiredwhenever a restricted use remedy or a limitedrestricted use remedy is used to remediate asite.

(f) The person responsible for conducting theremediation of historic fill material shall do sopursuant to N.J.A.C. 7:26E-6.2(c). Remedies forany other fill material, not meeting the definitionof historic fill material, shall be selectedpursuant to N.J.A.C. 7:26E-5.1.

7:26E-6.2 Remedial Action Workplan (RAW)

(a) If a remedial action workplan is required bythe Department in an oversight documentor pursuant to the ISRA or UST programs,or if the person responsible for conductingthe remediation elects to obtainDepartment pre-approval for the workplan,the workplan shall be submitted inaccordance with the schedule contained inthat document, if applicable, and shall bepresented in a format that correspondsdirectly to the outline of this section. Therequired items are summarized in Table 5.

7:26E-6.3 Specific Remedial Action Requirements

(a) As a first priority during remedial action,contaminants in all media shall be containedand/or stabilized to prevent contaminantexposure to receptors and to prevent furthermovement of contaminants through anypathway.

(b) See Table 6 for the requirements to befollowed for the closure of an undergroundstorage tank.

42

43

TABLE 5 RAW OUTLINE/REQUIREMENTS

1. The remedial investigation report, pursuant to N.J.A.C. 7:26E-4.8, shall be presented as the first section of the remedial action workplan. If the remedial investigationreport was previously submitted to the Department, either a summary of the report or a copy of the findings/recommendation section of the report may be submitted;

2. A sampling summary table for post remediation samples pursuant to N.J.A.C. 7:26E-4.2 (remedial investigation workplan).

3. A proposal to complete all requirements in N.J.A.C. 7:26E-6;

4. The identification of all applicable remediation standards;

5. A detailed description of the remedial action and the remedial technology to be conducted for each area of concern;

6. The identification of all areas where remedial action will be conducted on a scaled site map pursuant to N.J.A.C. 7:26E-4.8 (remedial investigation report). In addition,the map shall specify:

i. The location of remedial treatment units;

ii. The volume of each environmental medium to be remediated;

iii. The vertical and horizontal extent of area to be remediated;

iv. The location, depth and concentration of all contaminants in excess of the remediation standard; and

v. Sample locations, depths and parameters for all post-construction samples;

7. A quality assurance project plan including proposed sampling and analytical methods pursuant to N.J.A.C. 7:26E-2.2;

8. A list of all required permits;

9. If any construction activity is planned, the following items shall be provided in the workplan:

i. The location of any such construction facilities with additional details describing construction design;

ii. All applicable requirements and standards relating to construction for onsite remedial units including inspection and professional engineer certification.

10. A description of soil and sediment erosion control and monitoring, and dust and odor control and monitoring procedures to be implemented during remedial activities, ifapplicable;

11. A health and safety plan pursuant to N.J.A.C. 7:26E-1.9;

12. A detailed description of site restoration plans to comply with N.J.A.C. 7:26E-6.4 (post-remediation action requirements);

13. A description of procedures for dismantling and removal of remedial structures and equipment from the site, if applicable;

14. A cost estimate of the remedial action;

15. The proposed completion date of the remedial action and a schedule of the remedial action as required pursuant to N.J.A.C. 7:26E-6.5;

16. The following documentation whenever a deed notice is required as a component of the remedial action:

i. A copy of the property owner's written agreement to record the deed notice, pursuant to N.J.A.C. 7:26E-8.2(b); and

ii. A draft deed notice, including all of the exhibits, pursuant to N.J.A.C. 7:26E-8.2(c);

17. All documentation required pursuant to N.J.A.C. 7:26E-8.3 whenever a classification exception area is to be established; and

18. A plan for the maintenance and evaluation of all engineering and institutional controls pursuant to N.J.A.C. 7:26E-8.5, 8.6, and 8.7, as applicable.

(b) If contaminated soil will be reused at a site, an evaluation pursuant to N.J.A.C. 7:26E-6.4(d) shall be conducted and a soil reuse proposal shall be submitted to the Departmentas part of the remedial action workplan. The soil reuse proposal may also be submitted at any time during the remediation process, as appropriate. At a minimum, the soil reuseproposal shall include:

1. A description of the originating site or area of concern by the submission of a remedial investigation report or, as applicable, a remedial action report for thecontaminated soil. If the reports were previously submitted to the Department, a summary of the report may be submitted;

2. A determination in accordance with N.J.A.C. 7:26-8.5 as to the waste classification of the soil, including any supporting data requested by the Department; and

3. A detailed description of the proposed reuse and conditions at the site of reuse including:

i. The location of the site including state, county, municipality, block and lot numbers;

ii. The volume of soil to be reused;

iii. Identification of the specific location on the site where the reuse will be conducted on a scaled maps pursuant to N.J.A.C. 7:26E-3.2(a)3i through iii;

iv. The depth to ground water on the receiving site, including the method of determination;

v. The receiving site use;

vi. A discussion of the performance, effectiveness and reliability of the proposed reuse and any potential negative impacts to human health, safety or theenvironmental as a result of the reuse; and

vii. All other applicable data and information required pursuant to (a)8 through 15.

(c) If historic fill material will not be treated or removed from the site, engineering and institutional controls shall be proposed in accordance with the Department's procedures ineffect at the time of proposal, provided that the information is pursuant to N.J.A.C. 7:26E-4.8(c)14 and the following documentation is presented in the remedial action workplan:

44

1. A statement that all other areas of concern located in the historic fill material area have been addressed as separate areas of concern. Remedies for any such areas, notmeeting the definition of historic fill material, shall be selected pursuant to N.J.A.C. 7:26E-5.1.

TABLE 6 UST CLOSURE REQUIREMENTS1. The associated piping shall be drained and the tanks pumped out and cleaned thoroughly using the American Petroleum Institute's recommended Practice for the Abandonment orRemoval of Used Underground Service Tanks, as amended and supplemented. Copies can be obtained from the American Petroleum Institute, 1220 L Street Northwest, Washington, DC20005;

2. All of the openings in the tank shall be plugged except for one vent hole;

3. The soil around the tank shall be excavated and the tank shall be removed and secured;

4. After the tank is secured, it shall be examined for holes and the Department hotline at 1-877 WARNDEP or (877) 927-6337 shall be called if any holes are discovered and/or a dischargehas been confirmed pursuant to N.J.A.C. 7:14B-7.3, unless a discharge from the tank was previously reported to the Department;

5. The tank shall then be prepared for disposal by labeling the tank regarding its site of origin, ultimate destination site and the substance(s) that were stored in it during its use as astorage tank; and

6. The tank shall be removed from the site according to all applicable laws and regulations.

i. During tank removal, the following observations shall be made and documented:

(1) A description of tank condition (with photographic documentation);

(2) The excavation floor and sidewalls shall be examined for any physical evidence of soil contamination;

(A) When tanks that contained volatile organics, including No. 2 fuel oil, diesel fuel, gasoline, kerosene, jet fuel, waste oil, are removed, the excavation floor andsidewalls shall be field screened with a properly calibrated flame ionization detector (FID), or photoionization detector (PID) along transects spaced no more than fivefeet apart.

(B) If the tank did not contain volatile organics (for example, No. 4, No. 6 fuel oil), the excavation shall be examined visually for evidence of a discharge.

(3) If there is no evidence of a discharge, soil samples for laboratory analysis shall be taken immediately after tank removal as follows:

(A) If there is no ground water in the excavation, center line soil samples are required at a frequency equal to the total length of the tank divided by five (minimum ofone sample), provided that samples are spaced equidistantly and that the outermost samples obtained are no greater than 2.5 feet from each respective end of thetank. If the total length of a tank is not evenly divisible by five, one additional sample shall be obtained for any fraction remaining;

(B) If there is ground water in the excavation, soil samples shall be taken as follows:

(I) If potential contaminants have a specific gravity of one or less, independent of the number of tanks in the excavation, one sample shall be taken from thezero to six inch interval above the water table from each excavation sidewall for every 30 linear feet of sidewall (minimum of one sample per sidewall); exceptthat, for no. 2 fuel oil or diesel oil tanks of 550 gallon capacity or less, one sample, biased to the suspected location of greatest contamination, shall betaken from one excavation sidewall at the zero to six inch interval above the water table;

(II) If potential contaminants have a specific gravity of more than one, samples shall be taken pursuant to (b)6i(3)(A) above; or

(III) If the tanks contained mixed substances such that some contaminants had a specific gravity of more than one and some contaminants had a specific gravityof less than one (for example no. 6 fuel, or waste oil potentially contaminated with chlorinated solvents), samples shall be taken below the water table pursuantto (b)6i(3)(A) above, and, independent of the number of tanks in the excavation, from the zero to six inch interval above the water table from each excavation sidewallfor every 30 linear feet of sidewall (minimum of one sample per sidewall); and

(IV) Soil samples taken from below the water surface shall be taken using appropriate sediment sampling methods; and

(4) If there is evidence of a discharge and a soil remedial action will occur, refer to N.J.A.C. 7:26E-6.4. If there is evidence of a discharge, but there is insufficient soil toconduct a soil remedial action, (for example, tank is located in bedrock) or any portion of the tank is located within or immediately above the ground water table, a groundwater sample shall be taken pursuant to N.J.A.C. 7:26E-3.7(c);

(5) If there is any evidence of ground water contamination, including without limitation, a sheen or odor, a ground water sample shall be collected pursuant to N.J.A.C.7:26E-3.7; and

(6) A description of product type and quantity spilled from tank or tank system during excavation.

ii. The following requirements shall be followed for the abandonment in-place of a physically accessible underground storage tank. If contamination is detected above anapplicable remediation standard and remedial action will occur, the tank system shall be removed to facilitate remedial action, if feasible. If it is not feasible to remove the tanksystem, a certification shall be submitted, signed and sealed by a licensed New Jersey professional engineer, stating why the removal is not feasible:

(1) The tank system and associated piping shall be drained and the system pumped out and cleaned thoroughly using American Petroleum Institute guidance applicable atthe time of cleaning. Because vapors in the tank atmosphere will be displaced during the tank cleaning and abandonment operation, particular emphasis shall be placed onhealth and safety concerns;

(2) After the tank is cleaned, the tank shall be inspected and any areas of questionable integrity, including, without limitation, any cracks or corrosion, or evidence ofdischarge, shall be documented. Photographs may be submitted to document that the integrity of the system has been breached, if the evidence is clearly visible in thephotograph;

(3) Upon completion of tank cleaning, soil sampling shall be conducted by completing borings through the bottom of the tank, along the center line, at a frequency equal tothe total length of the tank divided by five (minimum of one sample), provided that the samples are spaced equidistantly and that the outermost samples obtained are nogreater than 2.5 feet from each respective end of the tank. If the total length of a tank is not evenly divisible by five, one additional sample shall be obtained from any fractionremaining;

(4) Additional soil samples for volatile organics analysis shall be collected in accordance with the requirements at N.J.A.C. 7:26E-3.6(a)4;

(5) If ground water has been determined to be in contact with the tank invert and there is no evidence of a discharge, sampling shall be conducted in accordance withN.J.A.C. 7:26E-3.9(a)3i(5);

(6) Decommissioning of the tank system, including all fill pipes, shall be completed by completely filling the tank system with sand, cement or other inert material withsimilar physical/chemical properties;

(7) All fill pipes shall be removed to a depth of a minimum of one foot below ground surface; and

(8) Procedures shall comply with all local ordinances;

iii. If the underground storage tank is located under a permanent structure or is physically inaccessible or a certification is submitted, signed and sealed by a licensed New Jerseyprofessional engineer, stating that the sampling requirements at (b)6ii(3), (4), and (5) above for closure of the underground storage tank will cause damage to an adjacent structure,an alternate method for documenting the integrity of the tank may be submitted pursuant to N.J.A.C. 7:26E-1.6(d);

iv. No sampling is required for the closure (removal or abandonment) of an underground storage tank system which has always had secondary containment and leak detectionpursuant to N.J.A.C. 7:14B, provided that there is no evidence of a discharge during tank closure and no history of any leaks or repairs; and

v. All piping systems associated with the underground tank shall be remediated in accordance with N.J.A.C. 7:26E-3.9(a)5.

45

When submitting a remedial action workplan fornatural ground water remediation, the personresponsible for conducting the remediation shalldemonstrate to the Department that:

1. Groundwater contaminantconcentrations will decrease to applicableremediation standards pursuant to N.J.A.C.7:26E-1.13 through degradation,retardation, or dispersion under presentsite conditions.

i. The person responsible forconducting the remediation shallevaluate the following site conditions todetermine the viability of naturalremediation:

(1) Contaminant mass, asdetermined by free or residualproduct and dissolved phasedelineation and dissolvedcontaminant concentrations;

(2) Dissolved oxygen content ofground water;

(3) Presence or absence ofmicroorganisms in soil andground water;

(4) Ground water flow velocity; and

(5) Applicable physical andchemical characteristics ofcontaminants and contaminantdegradation products present inboth soil and ground water;

ii. The person responsible forconducting the remediation mayevaluate the following site conditions todetermine the viability of naturalremediation, if applicable:

(1) Sorptive and desorptivecharacteristics of the soil; and

(2) Other applicable physical andchemical characteristics of soil;

2. Free and/or residual product in theunsaturated and saturated zones, asdetermined pursuant to N.J.A.C. 7:26E-2.1(a)11, is treated or removed, ifpracticable, or contained if treatment orremoval are not practicable;

3. All soil contamination in the unsaturated

zone has been or will be remediated to theapplicable numeric soil remediationstandard in accordance with a scheduleapproved by the Department;

4. Ground water contamination has beendelineated to the remediation standardapplicable to the nearest downgradientreceptor;

5. Ground water contaminated above theapplicable standard will not reach thenearest downgradient receptor, asestimated by an appropriate ground waterflow/contaminant transport model selectedpursuant to N.J.A.C. 7:26E-4.4(h)3iv;

6. The fate of the contaminant plume hasbeen documented pursuant to N.J.A.C.7:26E-8.3(b)2;

7. Contaminant levels in ground water donot present a vapor risk to any receptors.This determination shall be made on acase-by-case basis;

8. Predicted impacts to potential receptorsare consistent with the current and potentialground water uses based on a 25-yearplanning horizon as projected by local andcounty land use documents. This shallinclude, without limitation, informationpertaining to the existence of water lines,proposed future installation of water lines,local and/or county ordinances restrictinginstallation of potable wells;

9. All necessary access agreementsneeded to monitor the ground water qualitypursuant to (e) below have been obtained;and

10. If a classification exception area needsto be established, the person responsiblefor conducting the remediation hasprovided the Department all necessaryinformation in accordance with N.J.A.C.7:26E-8.

(e) Monitoring and performance requirementsfor natural remediation are as follows:

1. A ground water monitoring program shallbe implemented to monitor plumecharacteristics and movement, to calibratethe model used to estimate the eventualextent of the plume, and to assess theeffectiveness of the natural ground waterremediation. This program shall consist of

46

the following:

i. Sampling shall be conducted on aquarterly basis at monitoring wellsassociated with the naturalremediation, for a minimum of eightquarters, including:

(1) At least one area of concernmonitoring well located at thesource area to monitor plumeconditions at the source area;

(2) At least one plume samplingpoint located downgradient of thesource area but within thecontaminant plume except asprovided in (e)1i(3) below;

(3) At least one plume fringemonitoring well located at the limitof the plume, as determinedpursuant to (d)4 above. Dependingon the areal extent of thecontaminant plume, theDepartment may determine thatone monitoring well may satisfythe requirements of both (e)1i(2)above and this subparagraph; and

(4) At least one downgradientsentinel well located beyond thezone delineated pursuant to (d)4above. Contaminant levels in thissentinel well shall remain belowthe applicable standard. Thesentinel well shall be located nocloser than three years travel timeto the nearest potentialdowngradient receptor and nofurther than five years travel timefrom the delineated downgradientextent of the contaminant plume;

2. A classification exception area shall beestablished for the area of the aquiferimpacted by the migrating contaminantplume, pursuant to N.J.A.C. 7:26E-8;

3. Data collected pursuant to (e)1 aboveshall be evaluated and the personresponsible for conducting the remediationshall document the effectiveness of thatnatural ground water remediation asfollows:

i. No further remediation is required forground water if:

(1) Contaminant levels in thesentinel well do not exceed theapplicable standards at any timeduring the monitoring program. Aproposal regarding the duration ofthe monitoring program at thesentinel well may be made by theperson responsible for conductingthe remediation, based upon sitespecific data;

(2) The contaminant levels at thesource area monitoring well(s) areat or below the applicablestandards for two consecutiveseasonal high water tablemonitoring events; and

(3) The contaminantconcentrations at all plumemonitoring wells are at or belowthe applicable standards for twoconsecutive quarterly monitoringevents;

ii. Additional remediation will berequired if:

(1) Contaminant levels in thesentinel well exceed theapplicable standards;

(2) The contaminant levelsdetected in any of the plume orplume fringe monitoring wellsinstalled pursuant to (e)1i(2)and/or (3) above are not reflectiveof the contaminant levels predictedby the ground waterflow/contaminant transport model;or

(3) Contaminant levels are notdecreasing in any area of concernmonitoring well, as demonstratedby applying the statistical Mann-Whitney U-Test to eightconsecutive quarters of groundwater sampling data. The testshall be applied to individualcontaminants detected in eacharea of concern monitoring well,pursuant to Appendix C,incorporated herein by reference;and

iii. Proposals to sample the monitoringwells at a decreased frequency for thepurpose of monitoring theClassification Exception Area shall be

47

considered by the Department if:

(1) Contaminant levels in thesentinel well do not exceed theapplicable standards at any timeduring the monitoring program. Aproposal regarding the duration ofthe monitoring program at thesentinel well shall be made by theperson responsible for conductingthe remediation, based upon site-specific data;

(2) The contaminant levelsdetected in the plume or plumefringe monitoring wells above arereflective of the contaminant levelspredicted by the groundwaterflow/contaminant transport model;and

(3)Contaminant levels above theapplicable remediation standardremain, but a decreasing trend ofcontaminant levels isdemonstrated in, at a minimum,the area of concern monitoringwell(s). The decreasing trend shallbe demonstrated by applying thestatistical Mann-Whitney U-Test toeight consecutive quarters of

ground water sampling data. Thetest shall be applied to individualcontaminants detected in eachmonitoring well pursuant toAppendix C; and

4. Ground water sample data shallnot be averaged for the purpose ofthe Mann-Whitney U-Test.

5. Alternative non-parametricstatistical tests may be proposed. The Department shall determinethe acceptability of such tests on acase by case basis.

7:26E-6.4 Post Remedial Action Requirements –See Tables 7 and 8

See Table 9 for Soil Reuse Sampling Requirements

48

49

TABLE 7 POST REMEDIAL ACTION REQUIREMENTS – SOILS

The following sampling shall document the effectiveness of the remedial action:

1. All sampling shall be conducted pursuant to N.J.A.C. 7:26E-3.3 through 3.12 and 4.1 through 4.7.

2. For soils, if excavation is conducted, the minimum post remediation sampling frequency shall be:

i. For excavations less than 20 feet in perimeter, at least one bottom sample and one sidewallsample biased in the direction of surface runoff.

ii. For excavations 20 to 300 feet in perimeter:

(1) For surface spills, one sample from the top of each sidewall for every 30 linear feet ofsidewall and one sample from the excavation bottom for every 900 square feet of bottom area.

(2) For subsurface spills, one sample from the bottom of each sidewall for every 30 linear feet ofsidewall and one sample from the excavation bottom for every 900 square feet of bottom area.

iii. For larger excavations, sampling frequency may be reduced if documentation acceptable to theDepartment is provided in the remedial action progress report (N.J.A.C. 7:26E-6.6) or the remedialaction report (N.J.A.C. 7:26E-6.7) if the remedial action is completed in less than three months. Documentation shall specify why the reduced sample frequency was considered adequate.

iv. For volatile organics bottom samples taken within 24 hours of excavation, samples shall be takenfrom the zero to six inch interval at the excavation floor. Samples taken after 24 hours shall be taken atsix to 12 inches. For excavations open longer than two weeks, volatile organics sample depth forbottom samples shall be in accordance with N.J.A.C. 7:26E-3.6(a)4 (site investigation requirements).

v. Each excavation within a larger excavation shall be considered a separate excavation and shallcomply with (a)2i through iv above.

vi. For tanks, if contaminated soil is removed, post remediation soil samples for laboratory analysisshall be taken immediately after contaminated soil removal pursuant to N.J.A.C. 7:26E-6.3(b)6i(3). Ifthe excavation is enlarged horizontally beyond the immediate tank removal area, additional soilsamples shall be taken pursuant to (a)2i through iv above.

3. For soils, if in situ remediation is conducted, the minimum post-remediation sampling frequency shallbe one sample per 900 square feet of contaminated area. Where the contaminated zone exceeds two feetin depth, one additional sample per 900 square feet of contaminated area shall be taken or each two feetof depth.

4. Post-remediation sample locations and depth shall be biased towards the areas and depths of highestcontamination identified during previous sampling episodes unless field indicators such as fieldinstrument measurements or visual contamination identified during the remedial action indicate that otherlocations and depths may be more heavily contaminated. In all cases, post-remediation samples shall bebiased toward locations and depths of the highest expected contamination.

5. If the extent of contamination above the applicable residential soil remediation standard was estimated during the remedial investigation, the extent of contamination above the applicable residential soil remediationstandard shall be confirmed using laboratory analysis prior to the completion of a remedial action or the executionof a deed notice.

50

TABLE 8 - POST REMEDIAL ACTION REQUIREMENTSGROUNDWATER SOIL AND WETLANDS RESTORATION

WELLS AND SOIL FILL

If the Department established a groundwater classification exception area as part of the remedial action, samplingshall be conducted pursuant to N.J.A.C. 7:26E-8.6(a)7i.

(b) All areas subject to remediation shall be restored, to the extent practicable, to pre-remediation conditionswith respect to topography, hydrology and vegetation, unless alternate restoration is approved by theDepartment pursuant to N.J.A.C. 7:26E-1.6(d).

1. Sites located adjacent to or in wetlands or in or near other environmentally sensitive natural resources,may have further requirements under N.J.A.C. 7:7E (Coastal Zone Management) or N.J.A.C. 7:7A(Wetlands Act).

2. Fill material used to restore a site after the remediation has been completed shall be similar in physicalproperties to the material removed unless otherwise approved in advance by the Department. Fill used fornew building foundations or other construction in remediated areas are exempt from this requirement.

i. If the excavated material is native soil, the fill shall be of equal or less permeability than the soilremoved.

ii. If the excavated material is not native soil, the fill material shall be of equal or less permeability thanthe native soil in or adjacent to the area of concern or, at a minimum, have a permeability equal to orless than that of loam.

iii. Fill shall be uncontaminated pursuant to any applicable remediation standard and free ofextraneous debris or solid waste.

iv. Documentation of the quality of the fill shall be provided by a certification stating that it is virginmaterial from a commercial or noncommercial source or decontaminated recycled soil.

v. Uncontaminated soil from the site pursuant to any applicable remediation standard may bereturned to excavations or may be used elsewhere on the site.

vi. The bills of lading shall be provided to the Department to document the source(s) of fill. Thedocumentation shall include:

(1) The name of the affiant and relationship to the source of the fill;

(2) The location where the fill was obtained, including the street, town, lot and block, county, andstate, and a brief history of the site which is the source of the fill; and

2. A statement that to the best of the affiant's knowledge and belief the fill being provided is notcontaminated pursuant to any applicable remediation standards and a description of the steps takento confirm such.

(c) After completion of remediation all monitoring and extraction wells shall be decommissioned in accordancewith N.J.A.C. 7:9D unless otherwise approved by the Department.

(d) If contaminated soils will be reused at a site, a soil reuse evaluation proposal shall be conducted andsubmitted to the Department prior to the reuse of contaminated soils

51

52

TABLE 9 SOIL REUSE SAMPLING/REQUIREMENTS

1. The contaminated soil intended for reuse shall be fully characterized and delineated pursuant to thesite investigation, N.J.A.C. 7:26E-3, and remedial investigation, N.J.A.C. 7:26E-4, or, if the soil has notbeen fully characterized and delineated, the soil shall be sampled in accordance with all applicablerequirements at N.J.A.C. 7:26E-1, 2, 3.4, and 3.6, at the following frequencies:

i. Field screening methods, if available pursuant to N.J.A.C. 7:26E-2.1(b), shall be used to determinesample locations. Each 20 cubic yards of soil shall be screened with borings or test pits throughoutthe depth of the soil pile, at two foot intervals. Two samples shall be collected for laboratory analysisfor the first 100 cubic yards of excavated material and one sample for each additional 100 cubicyards; or

ii. If contamination is not detectable by field screening methods, samples shall be collected forlaboratory analysis from mid-depth in the pile at a frequency of one sample per 20 cubic yards for thefirst 100 cubic yards of soil and one sample for each additional 100 cubic yards; and

iii. For quantities of soil greater than 1,000 cubic yards, a lower sampling frequency may beacceptable, subject to prior Departmental approval pursuant to N.J.A.C. 7:26E-1.6(d);

2. When soils are excavated to access underground storage tank systems or other subsurface structuresand there is no evidence of a discharge pursuant to N.J.A.C. 7:26E-6.3(b), soil analysis of the excavatedsoil is not required prior to reuse. The results of post-remedial sampling required pursuant to N.J.A.C.7:26E-6.3 shall be evaluated prior to reuse of the soils to confirm that no discharge occurred at theunderground storage tank system; and

3. Excavated soil from drill cuttings or test pit excavations, may be returned to the original locationprovided that:

i. The activity was performed in accordance with the Subsurface and Percolating Waters Act, N.J.S.A.58:4A-4.1;

ii. Neither free nor residual product is present, as determined pursuant to N.J.A.C. 7:26E-2.1(a)11;

iii. The contamination present shall be addressed as part of the remediation of the area of concern;and

iv. The replacement of the soil shall not pose any additional threat to public health, safety or the environment.

53

(e) If the Person responsible for conducting theremediation required for real property not owned bythat person does not obtain the property owner'swritten consent to implement the institutional and/orengineering control at the property and to record adeed notice, the person shall remediate the propertyto an applicable unrestricted soil remediationstandard.

7:26E-6.5 Remedial Action Schedule and ProgressReports

(a) The person responsible for conducting theremediation shall prepare a schedule of theremedial action pursuant to this section if theremedial action requires more than threemonths to complete.

(b) The person responsible for conducting theremediation shall include the following in theremedial action schedule:

1. Monthly time frames, for the initiationand completion of each remedial actiontask, including a consideration ofDepartment review time for submittedreports. Specific dates shall not be listed,as these will be contingent uponDepartment approval of the remedial actionworkplan;

2. Time frames for contractorbidding/review/acceptance process;

3. A critical path schedule for all Federal,State, and local permit applications andfinal permit approvals;

4. A listing of all anticipated reportsubmittals to the Department including,without limitation, progress reports,groundwater monitoring reports, post-remedial action data reports for individualareas of concern, construction designreports and final remedial action reports;

5. Time frames for submission of remedialaction progress reports pursuant to N.J.A.C.7:26E-6.6 and the remedial action reportpursuant to N.J.A.C. 7:26E-6.7, includingconsideration of:

i. Review times of not only the personpreparing each report, but all otherpersons who will be reviewing thereport prior to submission to theDepartment, including, but not limitedto, owners, operators, subcontractors,and legal advisors; and

ii. Laboratory analysis and datareduction time;

6. A timeframe for submitting a request fora waste classification to the Department fordisposal or treatment of waste generatedduring implementation of the remedialaction; and

7. A timeframe for site restoration pursuantto N.J.A.C. 7:26E-6.4(b), and theDepartment’s final inspection.

(c) Within thirty (30) calendar days after theDepartment approves the remedial actionworkplan, the person responsible for conductingthe remediation shall revise the remedial actionschedule to identify the projected month/year foreach task, and submit the revised schedule tothe Department.

7:26E-6.6 Remedial Action Progress Reports

(a) The person responsible for conducting theremediation shall submit remedial actionprogress reports to the Department pursuant tothis section and according to the remedialaction schedule pursuant to N.J.A.C. 7:26E-6.5.

(c) The person responsible for conducting theremediation shall include Table 10 items ineach remedial action progress report, asappropriate:

7:26E-6.7 Remedial Action Report

(a) The person responsible for conducting theremediation shall prepare a remedial action reportin a format that corresponds directly to the outlineshown in Table 11 when the remedial action iscompleted, except as noted in (e), below.

54

TABLE 10 REMEDIAL ACTION PROGRESS REPORT REQUIREMENTS

1. A description of each remedial action:

i. Scheduled to be initiated or completed during the reporting period;

ii. Actually initiated or completed during the reporting period; and

iii. Scheduled but not initiated or not completed during the reporting period, including the reasons for the noncompliancewith the Department approved schedule;

2. Discussion of problems and delays in the implementation of the remedial action workplan, including proposals forcorrections;

3. Any proposal for a deviation from, or modification to, the approved remedial action workplan. The Department must approve proposed modifications in writing prior to implementation;

4. A revised schedule pursuant to N.J.A.C. 7:26E-6.5, to reflect the changes described pursuant to (b)1 through 3, above;

5. The status of all permit applications relative to the critical path schedule for permits in the remedial action schedulepursuant to N.J.A.C. 7:26E-6.5(b)3;

6. A list of each remedial action to be performed during the next reporting period;

7. The cost of each remedial action, including:

i. An annual summary of all remedial action costs incurred to date; and

ii. A revised cost estimate for remedial actions remaining to be performed;

8. A tabulation pursuant to N.J.A.C. 7:26E-3.13(c)3, of all sampling results received during the reporting period and a summaryof the data and any conclusions in a format consistent with N.J.A.C. 7:26E-4.8;

9. For active groundwater remedial actions:

i. Groundwater elevation contour maps representative of groundwater flow conditions immediately preceding initiation ofthe active groundwater remedial action and during the active groundwater remedial action;

ii. Graphs depicting changes in contaminant concentrations over time for all contaminated monitoring wells and alldowngradient delineation monitoring wells;

iii. A summary, in narrative and table format, of the volume of groundwater treated since the last reporting period, and thetotal volume of groundwater treated since the active remedial action commenced;

iv. A summary regarding groundwater contamination stating that either:

(1) Contamination remains at concentrations above the applicable remediation standards, and a proposal detailingwhat additional remedial actions will be taken to address this contamination; or

(2) All contamination concentrations are at or below the applicable remediation standards;

10. For natural remediation groundwater remedial actions:

i. A summary table of the groundwater monitoring results collected; and

ii. If applicable, conclusions whether data indicate that natural remediation is no longer appropriate, and submit a revisedremedial action workplan, pursuant to N.J.A.C. 7:26E-6.2;

11. A description of all wastes generated as a result of the remedial action, including:

i. Tabulation of waste classification and/or characterization samples collected, including the physical state of thematerial (solid, liquid, sludge), the volume of material, number of samples collected, analyses performed and results;

ii. A listing of all types and quantities of waste generated by the remedial action during the reporting period and to date;

55

iii. The name of the disposal facility used;

iv. The transporters’ dates of disposal; and

v. If appropriate, the manifest numbers of each waste shipment; and12. Any additional support documentation that is available (for example, photographs).

TABLE 11 REMEDIAL ACTION REPORT REQUIREMENTS

1. All information contained in the remedial investigation report pursuant to N.J.A.C. 7:26E-4.8; or if previouslysubmitted to the Department, a summary of the following information from that report:

i. General history of the site;

ii. A description of the physical setting of the site; and

iii. A summary, by area of concern, of the concentration of contaminants with a comparison to the applicableremediation standards;

2. A summary, by area of concern, of all remedial actions completed;

3. A list of the remediation standards achieved for each remedial action;

4. “As-built” diagrams for any permanent structures including, without limitation, caps or other remediation structuresand engineering controls;

5. A detailed description of site restoration activities, if applicable, pursuant to N.J.A.C. 7:26E-6.4(b);

6. A report of the remedial action costs, including a cost estimate to monitor, maintain, and certify the protectiveness ofeach engineering and/or institutional control pursuant to N.J.A.C. 7:26E-8; and

7. Information pursuant to (c) through (e), below, as applicable.

(c) The person responsible for conducting the remediation shall include the following in the soil remedialaction section and sediment remedial action section of the report:

1. Tables and figures pursuant to N.J.A.C. 7:26E-4.8 containing all pre- and post-remedial data keyedappropriately so that:

i. Completion of the remedial action is documented; and

ii. The volume of contaminated soil or sediment which was remediated is clearly indicated;

2. Fully executed manifests documenting any offsite transport of waste material; and

3. A copy of the final draft deed notice, including all of the exhibits, pursuant to N.J.A.C. 7:26E-8.2, ifapplicable;

(d) The person responsible for conducting the remediation shall include graphs depicting changes in contaminantconcentrations over time for all monitoring wells in the active groundwater remedial action section of the report.

(e) The person responsible for conducting the remediation shall, upon satisfying the requirements of N.J.A.C.7:26E-6.3(e)3, include the following in the natural remediation groundwater remedial action section of the report:

1. A summary table of the groundwater monitoring results collected pursuant to N.J.A.C. 7:26E-6.3(e)1;

2. A discussion of the results of the Mann-Whitney U-Test applied pursuant to N.J.A.C. 7:26E-6.3(e)3;

3. A conclusion that either:

i. The groundwater quality is now in compliance with the applicable remediation standards and,

56

therefore, the groundwater classification exception area is no longer necessary; or

ii. The groundwater contamination is expected to decrease over time and to be in compliance with theapplicable remediation standards consistent with the model used to estimate the eventual extent of theplume, and, therefore, that the groundwater classification exception area is still necessary; and

4. If the groundwater classification exception area is still necessary, a plan for the monitoring, maintenance, andcertification of the protectiveness of each classification exception area pursuant to N.J.A.C. 7:26E-8

57

SUBCHAPTER 7. PERMIT IDENTIFICATION ANDAPPLICATION SCHEDULE

7:26E-7.1 Permit Identification

(a) Any person conducting a remedial action shallidentify all relevant Federal, State and local permits orpermit modifications or certifications needed toimplement the selected remedial action a list of typicalpermits or certifications that may be required can befound in the regulations.

(b) Any person conducting a remedial action shallapply for and obtain all required permits prior toinitiating the remedial action.

(c) Any person conducting a remedial action pursuantto an oversight document or the ISRA or USTprograms, shall develop a permit applicationschedule to identify the timeframes for application andissuance/approval pursuant to N.J.A.C. 7:26E-6.5(b)3.

SUBCHAPTER 8. ENGINEERING ANDINSTITUTIONAL CONTROLS 7:26E-8.1 General Requirements

(a) The purpose of this subchapter is to present therequirements for the use of engineering andinstitutional controls as part of remedial actions forcontaminated sites.

(b) Any person proposing to use engineering and/orinstitutional controls shall:

1. Propose a deed notice, pursuant toN.J.A.C. 7:26E-8.2, whenever:

i. Soil contamination will remain abovea concentration that would allow for theunrestricted use of the property; or

ii. A ground water remedial actionincludes containment.

2. Demonstrate in the remedial actionworkplan submitted to the Departmentpursuant to N.J.A.C. 7:26E-6.2(a), that:

i. The selected remedial action willremain protective of the public healthand safety and of the environment foras long as the contamination existsabove a concentration that would allowfor the unrestricted use of the property;

ii. Access to the site or area ofconcern, and human exposure to the

contamination at the site or area ofconcern, can both be controlled whennecessary to ensure the protectivenessof the remedial action; and

iii. The current and planned futureuses of the site or area of concern willbe consistent with all engineering andinstitutional controls; and

3. Monitor each engineering andinstitutional control until such time that theDepartment approves in writing the removalof the control.

(c) In evaluating the protectiveness of a remedialaction that includes an engineering and/orinstitutional control, the Department will considersite-specific conditions, including, but not limited to:

1. The concentration of contaminants;

2. The mobility and toxicity of thecontaminants;

3. The presence of free and/or residualproduct, off-spec or discarded product orby-product from a manufacturing orindustrial process, containerized wastes, orburied waste;

4. The current surrounding land uses;

5. The implementability of the control overthe long term; and

6. Any other factors that are relevant toevaluating the protectiveness of theremedial action.

7:26E-8.2 Deed Notice Requirements

(a) The person responsible for conducting theremediation of a site that includes a soil remedialaction that includes a proposed deed notice shall:

1. If that person is the owner of the site, recorda deed notice for the site pursuant to (c) and (d)below; or

2. If that person is not the owner of the siteprovide the Department documentation of theowner’s consent to record the necessary deednotice pursuant to (b) below.

(b) The person responsible for conducting theremediation that proposes a remedial action that

58

includes a deed notice shall provide the Departmentwith a copy of the property owner’s consent to recorda deed notice as part of the remedial actionworkplan pursuant to N.J.A.C. 7:26E-6.2(a)16, asfollows:

1. If the property owner is any local, county,state or federal government agency, and a deedis not associated with the property, such asroads and sidewalks, then the personresponsible for conducting the remediationshall submit written documentation of theowner’s agreement to provide notice pursuant to(c) below as follows:

i. For a municipality, then the writtenagreement shall be in the form of aformal resolution by the municipalgovernment;

ii. For a county, then the writtenagreement shall be in the form of aformal resolution by the countyfreeholders; or

iii. For a State or Federalgovernmental agency, the head of theagency or their designee shall sign thewritten agreement; or

2. If the property owner is any other personthan the person responsible for conducting theremediation, then the person responsible forconducting the remediation shall provide theDepartment with written documentation of theowner’s agreement to record a deed notice forthe site.

(c) The person responsible for conducting theremediation proposing a remedial action thatrequires the owner of the site to record a deednotice, shall comply with the following procedures fordrafting a deed notice for the Department’s approvalas follows:

1. For a property that is owned by a local,county, state or federal government agency(except as provided in 2 below), and no deed isassociated with the site, the person responsiblefor conducting the remediation shall submit adraft notice worded pursuant to (d) below, toserve as the notice in lieu of a deed notice;

2. For a property that is owned by the U.S.Department of Defense, and no deed isassociated with the site, the person responsiblefor conducting the remediation shall draft anamendment to the Base Master Plan or Land

Use Control Assurance Plan worded pursuant to(d) below, to serve as the notice in lieu of a deednotice; or

3. For a property that is owned by any personnot described in (c) 1 or 2 above, then theperson responsible for conducting theremediation shall provide the Department with adraft deed notice pursuant to (d) below.

(d) The person responsible for conductingthe remediation who elects to use a deednotice as part of a remedial action for acontaminated site shall submit a draft deednotice to the Department, as part of theremedial action work plan pursuant toN.J.A.C. 7:26E-6.2(a)16, that:

1. Is worded exactly as the modeldocument in N.J.A.C. 7:26E, AppendixE; and

2. Includes copies of all requiredmaps that:

i. Are compatible with the "NewJersey Department ofEnvironmental Protection Mappingthe Present to Protect New Jersey’sFuture: Mapping and Digital DataStandards," in N.J.A.C. 7:1D,Appendix A;

ii. Are compatible with the mostrecent version of the Department’s"Guidance for the Submission andUse of Data in GIS CompatibleFormats Pursuant to “TechnicalRequirements for SiteRemediation" athttp://www.state.nj.us/dep/srp/regs/techgis/techgis05.htm;

iii. Are on 8.5" x 11" paper (usingmultiple sheets if necessary);

iv. Are scaled at one inch to 200feet or less;

v. Are clean, clear, and legible;and

vi. Include:

(1) A bar scale;

(2) A north arrow;

59

(3) A legend;

(4) The applicable Master Sitename and number;

(5) Tax Block and Lotnumbers; and

(6) The date prepared.

(e) The person responsible for conductingthe remediation who proposes to use adeed notice as part of a remedial action fora contaminated site shall submit a finaldraft of the deed notice to the Departmentas part of the remedial action reportpursuant to N.J.A.C. 7:26E-6.6, unless theDepartment directs its submission at anearlier time.

(f) Within forty-five (45) calendar days afterthe receipt of the Department’s writtenapproval of the final deed notice submittedpursuant to (e), above, the personresponsible for conducting the remediationshall comply with the following asapplicable:

1. If there is a deed for the property,have the owner of the property recordthe deed notice with the office of eachcounty recording officer responsible forrecording deeds for each county inwhich the site is located;

2. If the property to which the noticeapplies is a local, county or stateroadway, provide a paper copy of thedocument referenced in N.J.A.C.7:26E-8.2(c)1, and an electronic copyin a read only format, including all ofthe exhibits, to the following, asapplicable:

i. Each road department of eachmunicipality in which the site islocated;

ii. Each road department of eachcounty in which the site is located;

iii. The New Jersey Department ofTransportation; and

iv. Utility companies witheasements on the roadway, and

3. In all other circumstances, provide a

paper copy of the recorded deednotice, stamped “Filed”, or notice, asapplicable, and an electronic copy in aread only format, including all of theexhibits, to those individuals andgroups listed in (g) below.

(g) Within forty-five (45) calendar days afterreceipt of the Department’s written approvalof the final deed notice submitted pursuantto (e), above, provide, as applicable, apaper copy of the recorded deed notice ordocument referenced in N.J.A.C. 7:26E-8.2(c)1, and an electronic copy in read onlyformat, including all exhibits, to thefollowing:

1. The Department’s assigned casemanager;

2. The municipal clerk, mayor andtown council of each municipality inwhich the site is located;

3. The local, county, and regionalhealth department in each municipalityand county in which the site is located;

4. Each gas, electric, water, sewer,cable company and all other utilitiesthat service the site or have a license oreasement to cross the site;

5. The New Jersey RealtorsAssociation;

6. The Pinelands Commission if thesite is located within an area subject tothe jurisdiction of the PinelandsCommission; and

7. Any other person who requests acopy.

(h) Any person who chooses to redevelopor change the use of a site in a mannerinconsistent with a remedial action thatincludes an engineering and/or institutionalcontrol, or conduct additional remediationor other activities that may compromise theintegrity of an engineering control, such thatthe remedy no longer meets the applicablehealth risk standard, or is no longerprotective of public health, safety and of theenvironment, shall obtain the Department'sprior written approval of such activities asfollows by submitting :

60

1. A memorandum of agreementapplication, pursuant to N.J.A.C. 7:26C-3, for the Department’s oversight ofactivity, if the person is not alreadysubject to the Department’s oversightfor the site;

2. A remedial action workplanpursuant to N.J.A.C. 7:26E-6.2 prior toimplementation of such activities; and

3. A request to the Department,pursuant to (i) below, to remove ormodify, as appropriate, the declarationof environmental restrictions or deednotice.

(i) Any person may submit a writtenrequest along with the memorandum ofagreement application, at the addressprovided at N.J.A.C. 7:26C-1.4(e), toremove or modify a remedial action thatincludes an engineering and/or institutionalcontrol. The person shall submit a copy ofthe existing deed notice or declaration ofenvironmental restrictions stamped "filed"and the reason for the removal ormodification based on the following:

1. The performance of subsequentremediation;

2. A change in conditions at the site;

3. The Department’s revision of soilremediation standards; or4. A change in the maintenance ormonitoring requirements in thisChapter.

(j) The Department will evaluate the requestsubmitted pursuant to (h) above and within 90calendar days after the Department's receipt ofthe written request will either:

1. Approve the request with thecondition that:

i. The property owner records withthe office of each county recordingofficer, pursuant to N.J.A.C. 7:26E-8.2(f), a notice executed by theDepartment, that the use of the siteis no longer restricted or that therestriction has been changed and

that the declaration ofenvironmental restrictions or deednotice is therefore eitherterminated or modified. AnyDepartment approved modifieddeclaration of environmentalrestrictions or deed noticedelineating the new restrictionsshall be recorded pursuant toN.J.A.C. 7:26E-8.2;

ii. The applicant provides writtennotice to each municipality inwhich the site is located, with acopy to the Department sent to theaddress provided at N.J.A.C.7:26C-1.4, of the removal orchange of the restrictive useconditions;

iii. The applicant provides anelectronic copy in a read onlyformat, of all information requiredin N.J.A.C. 7:26E-8.2(c), for theapproved modified declaration ofenvironmental restrictions or deednotice as required pursuant toN.J.A.C. 7:26E-8.2(f) and (g); or

2. Issue a written denial of the request.

7:26E-8.3 Ground Water Classification ExceptionAreas

(a) A ground water classification exception areaserves as an institutional control by providing noticethat there is ground water pollution in a localizedarea caused by a discharge at a contaminated site.The area and depth of ground water pollution will bedetermined based on actual ground watercontamination, as well as, fate and transportmodeling. The Department will establish a groundwater classification exception area as part of aremedial action for ground water at a contaminatedsite when the ground water does not meet theground water quality standards, pursuant to N.J.A.C.7:9-6.

(d) The person responsible for conducting theremediation shall submit the followinginformation shown in Table 12 to theDepartment as part of the remedial actionworkplan pursuant to N.J.A.C. 7:26E-6.2.

61

62

TABLE 12 CEA SUBMITTED REQUIREMENTS

1. For each ground water sampling point, a list of all contaminants and their concentrations, that do not meet the groundwater qualitystandards, from the most recent 24 months of ground water sampling;

2. A description of the fate and transport of the contaminant plume, using the most mobile and persistent contaminants present thatexceed the ground water quality standards, including:

i. The horizontal and vertical distances that the contaminated ground water plume is expected to travel before contaminantconcentrations decrease to or below the applicable ground water quality standards;

ii. A proposed expiration date for the classification exception area; and

iii. All other information required by Appendix F;

3. The following maps consistent with the requirements of N.J.A.C. 7:26E-8.2(d)2;

i. A USGS Quadrangle map (paper copy only), indicating the location of the site;

ii. A map, in paper and electronic formats, indicating the predicted extent of the ground water contaminant plume; and

iii. A map (paper copy only) showing all properties, according to tax block and lot with a reference to the year of the referenced taxmap, under which the contaminant plume is located and is expected to migrate;

4. Information regarding current and projected use of the ground water in the aquifer(s) in which the ground water classificationexception area is located, as follows:

i. The current ground water use based on the most recent well search conducted pursuant to this chapter; and

ii. The future ground water use for a 25-year planning horizon based on the following, without limitation:

(1) The New Jersey Water Supply Master Plan;

(2) Department of Environmental Protection, Bureau of Water Allocation;

(3) Municipal master plans;

(4) Zoning plans;

(5) Local water purveyor plans and planning data pertaining to the existence of water lines and proposed future installation ofwater lines;

(6) Local planning officials;

(7) County and local boards of health; and

(8) Local and/or county ordinances restricting installation of potable wells.

5. Copies of the certified letters, return receipt requested, notifying the following persons of the need to establish the ground waterclassification exception area:

i. The municipal and county clerks for each municipality and county in which the ground water classification exception area will belocated;

ii. The local, county and regional health department for each municipality and county in which the ground water classificationexception area will be located;

iii. The designated County Environmental Health Act agency for each county in which the ground water classification exceptionarea will be located;

iv. The county planning board for each county in which the ground water classification exception area will be located;

v. The Pinelands Commission if the ground water classification exception area will be located within the jurisdiction of thatCommission;

vi. New Jersey Department of Environmental Protection, Water Supply Administration:

(1) Bureau of Safe Drinking Water; and

(2) Bureau of Water Allocation; and

63

vii. If the ground water classification exception area is located in a ground water use area, each owner of any real property within the ground waterclassification exception area.

64

(c) The Department will establish a ground waterclassification exception area based upon theprojected area of the contaminant plume in theground water, pursuant to (b), above.

(d) The Department may revise or reestablish aground water classification exception area at anytime to more accurately reflect ground waterconditions using any relevant data, including anydata submitted along with the certification requiredby N.J.A.C. 7:26E-8.6.(e) The Department will remove a ground waterclassification exception area based upon groundwater data, collected pursuant to N.J.A.C. 7:26E-8.6(a)7, that indicate that the contaminantconcentrations in the ground water meet all of theapplicable ground water quality standards.

7:26E-8.4 Monitoring, Maintenance, AndBiennial Certification - Who HasObligation And When

(a) The persons responsible for monitoring theprotectiveness of a remedial action that includesan engineering and/or institutional control andfor submitting the biennial certificationspursuant to this subchapter include, withoutlimitation, each of the following:

1. Any person with a legal obligation toconduct the remediation, including, withoutlimitation, each of the following:

i. A person in any way responsible,pursuant to the Spill Compensationand Control Act, N.J.S.A. 58:10-23.11aet seq., for the hazardous substancethat was the subject of the remedialaction that includes the engineeringand/or institutional control;

ii. The owner of the site of thedischarge at the time of the remedialaction that includes the engineeringand/or institutional control;

iii. An owner or operator that triggeredthe Industrial Site Recovery Act,N.J.S.A. 13:1K-6 et seq., for theindustrial establishment that was thesubject of the remedial action thatincludes the engineering and/orinstitutional control;

iv. An owner or operator of anunderground storage tank that was thesubject of the remedial action that

includes the engineering and/orinstitutional control;

v. A holder of a security interest in thesite, who actively participated in themanagement of the site orunderground storage tank facility, thatwas the subject of the remedial actionthat includes the engineering and/orinstitutional control; or

vi. A holder of a security interest in thesite, who negligently caused a newdischarge at the site after the date offoreclosure on a security interest in thesite or the underground storage tankfacility, that was the subject of theremedial action that includes theengineering and/or institutional control;

2. Once the engineering or institutionalcontrol is in place, each owner, lessee andoperator of any property that is subject to anengineering or institutional control; thisobligation may be limited to the period ofthat person’s ownership, tenancy, oroperation depending on that person’scontinuing liability of the remediationpursuant to the Spill Compensation andControl Act, N.J.S.A. 58:10-23.11gd

(b) The obligations in this subchapter for themonitoring, maintenance and certifying theprotectiveness of remedial actions that includeengineering and/or institutional controls apply toall of the persons described in (a) above, forsites with an engineering or institutional controlthat continues in effect after [THE EFFECTIVEDATE OF THIS AMENDMENT], regardless of thedate the control was established.

(c) The persons responsible for monitoring theprotectiveness of a remedial action that includesan engineering and/or institutional control shallsubmit to the Department a certification,pursuant to this section and consistent withN.J.A.C. 7:26C-1.2 (a)1, according to thefollowing schedule:

1. For a deed notice and any engineeringcontrols that are described in the deednotice, every two years on the anniversaryof the date stamped on the deed notice thatindicates when the deed notice wasrecorded;

2. For a ground water classificationexception area, every two years on the

65

anniversary of the date that the Departmentestablished the ground water classificationexception area; and

3. For all other engineering andinstitutional controls, every two years on theanniversary of when the engineering orinstitutional control was in place for the site.

(d) The persons responsible for submittingbiennial certifications for sites with multipleengineering and/or institutional controls for theremediation of contaminated soil at a site shall:

1. Submit one biennial certification for allremedial actions and all engineering andinstitutional controls for the site; and

2. Submit to the Department the firstbiennial certification when the first biennialcertification is due to the Departmentpursuant to (c) above, and bienniallythereafter on that same date.

(e) Submissions required pursuant to thissubchapter shall be made to the Department asfollows:

1. For deed notices and relatedengineering controls as follows:

i. If the Department continues tooversee any aspect of the remediationat the site, submit information to thefollowing address:

Department of EnvironmentalProtectionDivision of RemediationManagement and Response(Insert name of Bureau overseeingthe remediation)P.O. Box 028401 E. State StreetTrenton, NJ 08625-0028

v. If the Department has issuedno further action letters for allareas of concern at the site,submit information to thefollowing address:

Department of EnvironmentalProtectionDivision of RemediationManagement and ResponseBureau of Operation, Maintenance,

and MonitoringDeed Notice Inspection ProgramP.O. Box 413401 E. State StreetTrenton, NJ 08625-0413

2. For ground water classification exceptionareas, submit information to the Bureauthat established the ground waterclassification exception area as follows:

Department of EnvironmentalProtectionDivision of RemediationManagement and Response(Insert name of appropriate Bureau)P.O. Box 028401 E. State StreetTrenton, NJ 08625-0028

7:26E-8.5 Monitoring, Maintenance, AndBiennial Certification - RequirementsFor Deed Notices And DeclarationsOf Environmental Restrictions(DERS)

(a) The persons responsible for monitoring theprotectiveness of a remedial action that includesa deed notice or declaration of environmentalrestrictions shall complete the requirementsshown in Table 13.

(d) If the person(s) having the obligation forcomplying with this section pursuant toN.J.A.C. 7:26E-8.4(a)2 changes:

1. The person who is relinquishing theobligation shall notify the Department of thename, address and telephone number ofthe person assuming the responsibility andthe effective date of the change;

2. The person who is assuming theobligation to comply with (c), above, shallsubmit a letter signed and certifiedpursuant to N.J.A.C. 7:26E-1.5, stating thathe/she is assuming the obligation forcompliance with (a) through (c), above; and

3. The letters required by (d)1 and 2 aboveshall be submitted to the Department within30 days of the effective date of the change.

7:26E-8.6 Monitoring, Maintenance, AndBiennial Certification - SpecificRequirements For Ground WaterClassification Exception Areas

66

(a) The persons responsible for monitoring theprotectiveness of a remedial action thatincludes a ground water classificationexception area shall: follow therequirements in Table 14 .

7:26E-8.7 Monitoring, Maintenance, andBiennial Certification - Engineering

And Institutional Controls

(a) The persons responsible for monitoring theprotectiveness of a remedial action that includes anyother engineering or institutional control notincluded in N.J.A.C. 7:26E-8.5 or 8.6 shall: follow therequirements Table 15.

TABLE 13 BIENNIAL REPORT AND CERTIFICATION REQUIREMENTS FOR DEED NOTICES AND DERS

1. Determine whether any actual or pending zoning or land-use change is consistent with the use restrictions in the deed notice or declaration of environmental restrictions or couldundermine the protectiveness of the remedial action that includes a deed notice or declaration of environmental restrictions in a manner such that could prevent:

i. The remedial action which includes the engineering and/or institutional controls from meeting the applicable health risk standard, see, N.J.S.A. 5810B-12g(3)(b); and

ii. The remedial action, which includes the engineering and/or institutional controls, from continuing to be protective of public health, safety, and of the environment, see,N.J.S.A. 58:10B-12g.

2. Conduct periodic inspections of the site to identify whether:

i. Any excavation or other disturbance activities have taken place within the restricted areas; and

ii. Any disturbances of the soil at the site have resulted in unacceptable exposure to the soil contamination;

3. Compare New Jersey laws, remediation standards, and other regulations applicable at the time the engineering or institutional control was established with any relevantsubsequently promulgated or modified laws, regulations or remediation standards to determine whether:

i. Any changes in applicable laws, regulations, or remediation standards have occurred; and

ii. Each engineering and/or institutional control comply with the requirements of the new laws and regulations; and

4. Develop a detailed log of how the persons responsible for monitoring the protectiveness of the remedial action have maintained and evaluated the engineering control incompliance with this section. The log shall be completed for the time since the first certification due date pursuant to N.J.A.C. 7:26E-8.4(e), or the last certification and monitoringreport was submitted to the Department, whichever is more recent.

(b) The persons responsible for monitoring the protectiveness of a remedial action shall prepare a monitoring report that includes the following information:

1. The name, address and telephone number of the person responsible for maintaining the engineering and institutional controls;

2. Site identifiers (as applicable):

i. Master Site Name;

ii. Master Site Number;

iii. ISRA ID Number;

iv. Case No. or Incident Report Number;

v. UST Registration Number;

vi. Date of each no further action letter for the site;

vii. Name of the Department’s Case Manager for the site at the time of each no further action letter;

viii. Street address;

ix. Tax block and lot number; and

x. Name of each municipality and county in which the site is located;

3. A description of the:

i. Physical characteristics of the site; and

ii. The current site operations;

4. A description of each remedial action for the site that included the deed notice or declaration of environmental restrictions;

5. The results of the comparison of applicable laws and regulations pursuant to (a)5 above;

6. The maintenance and evaluation log for each engineering control pursuant to (a)6 above;

7. The dates and results of inspections and maintenance, including all test and sampling results, of each engineering and/or control;

8. A description of any changes in applicable laws, regulations or remediation standards and a proposal for all changes in the remedial action to comply with those changes;

9. A description of any additional action taken to ensure the protectiveness of the remedial action; and

10. A conclusion as to whether each remedial action that includes an engineering and/or institutional control remains protective of the public health and safety and the environment.

(c) The persons responsible for monitoring the protectiveness of a remedial action shall:

1. Certify to the Department that:

i. The deed notice or declaration of environmental restrictions, including all engineering controls, is being properly maintained; and

ii. The remedial action that includes the deed notice or declaration of environmental restrictions continues to be protective of the public health and safety and the environment;

2. Include with the certification a written monitoring report pursuant to (b) above, along with an electronic copy of the monitoring report and certification, in a read only formatacceptable to the Department;

3. Submit the certification and the report required by (c)2 above, according to the schedule in N.J.A.C. 7:26E-8.4(c), to:

i. The municipal and county clerks for each municipality and county in which any property included in the deed notice or declaration of environmental restrictions is located;

ii. The local, county and regional health department for each municipality and county in which any property included in the deed notice or declaration of environmentalrestrictions is located;

iii. Each owner of the property which is included in the deed notice or declaration of environmental restrictions; and

iv. The Department, at the appropriate address as indicated in N.J.A.C. 7:26E-8.4(e)7, along with the name and address of each person that was sent a copy of thecertification pursuant to i. through iii. above.

TABLE 14 MONITORING, MAINTENANCE AND BIENNIAL REPORT AND CERTIFICATION REQUIREMENTS FOR CEA AREAS

1. Compare the laws, Ground Water Quality Standards, and other regulations, applicable at the time the Department established the ground water classification exceptionarea, with any relevant subsequently promulgated or modified laws or regulations to determine whether:

67

i. Any subsequently promulgated or modified laws or regulations apply to the site;

ii. Each ground water classification exception area complies with the requirements of the new laws and regulations;

2. Determine whether there are any planned changes within the 25-year water use planning horizon for the aquifer(s) in which the ground water classification exception areais located since the Department established the ground water classification exception area or the last completed biennial review, whichever is more recent. Thisdetermination shall be made by reviewing all plans, records and other relevant information from the following sources, without limitation:

i. The New Jersey Water Supply Master Plan;

ii. Department of Environmental Protection, Bureau of Water Allocation;

iii. Municipal master plans;

iv. Zoning plans;

v. Local water purveyor plans and planning data pertaining to the existence of water lines and proposed future installation of water lines;

vi. Local planning officials;

vii. Local and county ordinances restricting installation of potable wells; and

viii. County and local boards of health;

3. Identify whether there have been any actual changes in the ground water use in the water use planning area since the Department established the ground waterclassification exception area or the last completed biennial review, whichever is more recent. Identify changes by:

i. Completing a Department computer generated well search (contact the Bureau of Water Allocation) for all wells within one mile up-gradient, side-gradient anddown-gradient of the ground water classification exception area; and

ii. Identifying all wells, other than ground water monitoring wells, installed within one mile up-gradient, side-gradient and down-gradient of the ground waterclassification exception area since the Department established the ground water classification exception area or the last completed biennial review, whichever is morerecent;

4. Inspect all ground water monitoring wells associated with the ground water classification exception area and maintain a log for each monitoring well as follows:

i. Inspect the physical integrity of each well including, determining:

(1) The identification, integrity, and location of the well;

(2) The presence of a functioning pad lock; and

(3) The presence of any additional security measures such as a fence or patrolling of the site;

ii. Report to the Department, pursuant to N.J.A.C. 7:26E-4.4(g)11 any damaged monitoring wells and either repair or decommission damaged monitoring wells pursuantto N.J.A.C. 7:9D or replace the monitoring wells, as necessary; and

iii. For monitoring wells used to establish the ground water classification exception area that have been decommissioned pursuant to N.J.A.C. 7:9D, a copy of the wellclosure report shall be included with the first report, pursuant to (b)7 below, submitted after each well is decommissioned;

5. Identify any land use disturbance, such as the installation of a detention basin, that may intercept the water table within the area of the ground water classification exceptionarea that could result in a contaminated discharge to surface water. If any such disturbances are identified, sample the ground water/surface water downgradient andproximate to the land use disturbance to determine whether the ground water meets the more stringent of either:

i. The New Jersey Surface Water Quality Criteria, N.J.A.C. 7:9B; or

ii. The Federal Surface Water Quality Criteria, 40 CFR Part 131;

6. Determine whether:

i. Any of the actual or proposed changes in the ground water use identified pursuant to 2 and 3 above, have influenced or may influence the protectiveness of theremedial action that includes the ground water classification exception area; and

ii. There is a need to reevaluate the fate and transport of the ground water contamination plume and to revise the ground water classification exception area to ensurethat the remedial action remains protective of the public health and safety and the environment; and

7. Assess ground water quality as follows:

i. Within 120 calendar days after the projected expiration of the ground water classification exception area, collect at least two rounds of ground water samples suchthat the time between sampling events shall account for seasonal fluctuations in the ground water table and the number of ground water samples collected arerepresentative of the entire horizontal and vertical extent of the ground water classification exception area;

ii. Evaluate the results of the ground water sampling conducted pursuant to 7i above, to determine whether the contaminant concentrations in the ground water haveeither:

(1) Decreased to or below the applicable ground water quality standards throughout the entire classification exception area; or

(2) Not decreased to or below the applicable ground water quality standards throughout the entire classification exception area; and

iii. At any other time prior to the projected expiration of the ground water classification exception area, ground water sampling is optional to determine whether theground water meets the applicable ground water quality standards. The number of samples collected and the time between sampling events shall be consistent with 7iabove. If ground water samples indicate that contaminant concentrations have decreased to or below the applicable ground water quality standards throughout theground water classification exception area, then any person may request that the Department remove the ground water classification exception area.

68

(b) The persons responsible for evaluating the protectiveness of a remedial action that includes a ground water classification exception area shall prepare a monitoring report thatincludes the following:

1. The name, address and telephone number of the person responsible for preparing the report;

2. Site identifiers, as applicable:

i. Master Site Name and Number;

ii. ISRA ID Number;

iii. Case Number or Incident Report Number;

iv. UST Registration Number;

v. Date of each no further action letter for the site;

vi. Street address;

vii. Tax block and lot number and the year of the tax map from which this information is obtained; and

viii. Name of each municipality and county in which the site is located;

3. A description of:

i. The physical characteristics of the site;

ii. The current site operations; and

iii. Each remedial action that includes a ground water classification exception area;

4. The results, in table format, of the comparison of applicable laws and regulations pursuant to (a)1, above;

5. The results of the evaluation of the changes in ground water use conducted pursuant to (a)2 and 3 above;

6. The maintenance and evaluation log for each monitoring well pursuant to (a)4 above, including:

i. A copy of any report submitted to the Department, pursuant to N.J.A.C. 7:26E-4.4(g)11, concerning damaged monitoring wells; and

ii. A copy of the well closure report for each monitoring well used to establish the ground water classification exception area that has been decommissioned pursuantto N.J.S.A. 58:4A and N.J.A.C. 7:9D since the Department established the ground water classification exception area or the last completed biennial review, whicheveris more recent;

7. For each land use disturbance identified pursuant to (a)5, above:

i. A description of the disturbance;

ii. The results of all ground water sampling required pursuant to (a)5, above; and

iii. A discussion of whether the ground water meets the more stringent of either:

(1) The New Jersey Surface Water Quality Criteria, N.J.A.C. 7:9B; or

(2) The Federal Surface Water Quality Criteria, 40 CFR Part 131;

8. A discussion of whether:

i. Any of the actual or proposed changes in the ground water use have influenced or may influence the protectiveness of the remedial action that includes the groundwater classification exception area; and

ii. There is a need to reevaluate the fate and transport of the ground water contamination plume and to revise the ground water classification exception area to ensurethat the remedial action remains protective of the public health and safety and the environment;

9. When ground water sampling is required pursuant to (a)7, above, present and evaluate the contaminant concentrations in the ground water to determine whether theconcentrations have either:

i. Decreased to or below the applicable ground water quality standards throughout the entire classification exception area; or

ii. Not decreased to or below the applicable ground water quality standards throughout the entire classification exception area;

10. A description and map of a proposed revised ground water classification exception area, in both paper and electronic format consistent with the requirements of N.J.A.C.7:26E-8.2(d)2, if ground water monitoring pursuant to this subchapter indicates that a revision to the ground water classification exception area is necessary;

11. The dates and results of inspections and maintenance, including all test and sampling results, of each ground water classification exception area; and

12. A description of any additional action taken to ensure the protectiveness of the remedial action that includes the ground water classification exception area; and

13. For the first biennial certification required after the projected expiration of the ground water classification exception area, if the contaminant concentrations in the groundwater have not decreased to or below the applicable ground water quality standards throughout the classification exception area, the person responsible for evaluating theprotectiveness shall submit:

i. A narrative, detailing why ground water contamination is still present; and

ii. A re-evaluation of the ground water quality standards pursuant to N.J.A.C. 7:26E-8.3(b), based on the current configuration of the ground water contaminant plume.

69

(c) The persons responsible for monitoring the protectiveness of a remedial action that includes a ground water classification exception area shall:

1. Certify in a format acceptable to the Department that, based upon the monitoring report required pursuant to (b), above, the ground water classification exception areacontinues to provide notice of the ground water contamination and the remedial action continues to be protective of the public health and safety and the environment;

2. Submit a report pursuant to (b), above, in both paper copy and in electronic format acceptable to the Department; and

3. Submit the certification and the report required by (c)1 and 2, above, according to the schedule in N.J.A.C. 7:26E-8.4, to:

i. Each external agency that the Department copied when it established the ground water classification exception area;

ii. Each property owner that the Department copied when it established the ground water classification exception area; and

iii. The Department, at the address in N.J.A.C. 7:26E-8.4, along with the name and address of each person that was sent a copy of the certification pursuant to i and ii,above.

TABLE 15 MONITORING, MAINTENANCE AND BIENNIAL REPORT AND CERTIFICATION REQUIREMENTS FOR AREAS WITH ENGINEERINGAND INSTITUTIONAL CONTROLS

1. Monitor each institutional control by:

i. Conducting periodic inspections of the site to ensure that:

(1) The use of the site is consistent with any restrictions in the institutional control; and

(2) The institutional control and the remedial action of which it is a part continue to be protective of the public health and safety and of the environment; and

ii. Evaluating any actual or pending zoning or land-use changes that could undermine the protectiveness of any remedial action for the site;

2. Monitor each engineering control by:

i. Periodically reviewing the documented operation and maintenance records for each engineering control according to the requirements included in the deed notice;

ii. Conducting periodical inspections of each engineering control to determine:

(1) The integrity, operability, and effectiveness of the engineering control; and

(2) Whether the engineering control and the remedial action, of which it is a part, continue to be protective of the public health and safety and of theenvironment.

3. Compare the laws, remediation standards and other regulations applicable at the time the engineering or institutional control was established with any subsequentlypromulgated or modified laws, regulations or remediation standards to determine whether or not:

i. Any subsequently promulgated or modified laws or regulations apply to the site;

ii. Each engineering and/or institutional control in place for the site meet those new laws and regulations; and

4. Develop a detailed log of how the persons responsible for monitoring the protectiveness of the remedial action that includes an engineering control have maintained andevaluated the engineering controls in compliance with this section, since the first certification due date pursuant to 7:26E-8.4(d), or the date the persons responsible submittedthe last certification and monitoring report to the Department, whichever is more recent.

(b) For each engineering and institutional control, the persons responsible for monitoring the protectiveness of a remedial action that includes any other engineering or institutionalcontrol not included in N.J.A.C. 7:26E-8.5 or 8.6 shall prepare a monitoring report that includes the following information:

1. The name, address and telephone number of each person responsible for maintaining the engineering and/or institutional control;

2. Site identifiers (as applicable):

i. Master Site Name;

ii. Master Site Number;

iii. ISRA ID Number;

iv. Case Number or Incident Report Number;

v. UST Registration Number;

vi. Date of each no further action letter for the site that included an engineering and/or institutional control;

vii. Name of the Department’s Case Manager for the site at the time of each no further action letter;

viii. Street address;

ix. Tax block and lot number; and

x. Name of each municipality and county in which the site is located;

3. A description of the:

i. Physical characteristics of the site; and

ii. The current site operations;

70

4. A description of each remedial action for the site that included an engineering or institutional control:

5. The results of the comparison of applicable laws and regulations pursuant to (a)3, above;

6. The maintenance and evaluation log for each engineering control pursuant to (a)4, above;

7. The dates and results of all inspections and maintenance, including all test and sampling results, of each engineering and/or institutional control;

8. A description of any additional action taken to ensure the protectiveness of the remedial action that includes the engineering and/or institutional control; and

9. A conclusion as to whether each remedial action that includes an engineering and/or institutional control remains protective of the public health and safety and of theenvironment.

(c) The persons responsible for monitoring the protectiveness of a remedial action that includes any other engineering or institutional control not included in N.J.A.C. 7:26E-8.5 or8.6 shall:

1. Certify to the Department that:

i. Each engineering and institutional control is being properly maintained; and

ii. The remedial action that includes the engineering and institutional controls continues to be protective of the public health and safety and of the environment;

2. Include with the certification a written monitoring report pursuant to (b), above, along with an electronic copy of the monitoring report and certification, in a read only formatacceptable to the Department;

3. Submit the certification to the Department pursuant to the schedule and address in 7:26E-8.4(e)1

KEY TO 7:26E AOC INVESTIGATION REQUIREMENTS*

SAMPLING REQUIREMENTS

General [3.4]

Building Interior [3.5]

Soil [3.6]

Groundwater [3.7]

Surface water and Sediment [3.8]

Area Specific [3.9]

ASTs Lagoons/Surface Impoundments Roof Leaders USTs Fire Ponds & Waste Ponds Swales/CulvertsAbove/Below Ground Piping Stormwater Detention Basins Diked AreasLoading/Unloading Areas Excavations Drainage SystemsPods DepressionsStorage/Staging Areas Over Permeable Cover

Background [3.10]

Ecological Evaluation [3.11]

Historic Fill [3.12]

__________________*Also follow NJDEP Field Sampling Procedures Manual

3.4 General

• Sample all AOCs to determine areas above unrestricted use remediation standard.

• Bias samples to locations suspected of greatest contamination - basis - professionaljudgement, area history, discolored soil, stressed vegetation, drainage patterns, fieldinstrument measurements, odors, or other field indicators

• Sample locations per 3.5 through 3.9.

• Modify sampling locations only per NJDEP approval [7:26E-3.4(a)4]

• No composite sampling

3.5 Building Interiors

• Sample per [3.9] when contaminants inside the building have potential to migrate outside thebuilding.

3.6 Soil

• Investigate to average 20' depth for drums, tanks, or waste using test pits, GPR,magnetiametry or similar techniques if reports of buried drums tanks or wastes or ifgroundwater contamination detected but no source identified or if aerial photos indicatepresence of drums/tanks/wastes near regraded or filled areas.

• Logs must include soil types, description of non-soil materials, field instrumentmeasurements, depth to groundwater, soil mottling, presence of odor, vapors, soildiscoloration, and free or residual product [per 2.1(a)11].

• Classify soil per Burmeister, unified or USDA system.

• Boring > 25' may require permit; do not return contaminated cuttings to hole.

3.7 Groundwater

• At least 1 groundwater sample from each AOC if any soil contaminant has water solubility >100 mg/l at 200C to 250C, and

• all soil between contaminant and saturated zones < 15% silt and clay, or• any part of AOC within 2000' of public supply well.

• Groundwater sampling may be waived for certain single discharge events [see 3.7(b)]

• Sample per NJ Field Sampling Procedures Manual or NJ Alternative Groundwater SamplingTechniques Guide.

• Groundwater samples from:

• excavation of source of contaminants or downgradient flow direction within 10' of AOCbased on topographic relief, surface water bodies, structural controls in bedrock or soils,locations of pumping wells or subsurface conduits. Can also predict flow direction basedon data from adjacent sites.

• Minimum number of samples:

• at least 1 from UIC, seepage bed, septic system, dry well AOCs;• at least 1 from USTs and tank fields with up to 3 tanks and maximum capacity of 10,000

gal/tank;• pump islands and piping > 25' from tank field are separate AOCs and require separate

sampling location;• at least 1 for all other AOCs unless within 10' of groundwater sampling location.

• Compare results:

• if < applicable remediation standards, no further remediation;• if >, can re-sample twice over 30 day period (may average results) and conduct well

search within six (6) weeks.

• Sample potable wells

• Continue iterative well search/potable well sampling for entire area above standards.

• Confirm groundwater flow direction in each affected aquifer (minimum 3 wells orpiezometers).

• Collect water levels > 30 days apart, hourly samples for 71 hours in tidal areas.

• Be aware of potential pumping or injection wells in vicinity.

• Conduct groundwater remedial investigation [see 4.4].

• If background contamination suspected, see 3.7(g).

• If upgradient contamination determined to be present, notify DEP.

3.8 Surface and Sediment

• Determine if discharge, based on factors such as:

• known historical or ongoing discharge(s)• stressed vegetation, sheens, seeps, discolored soil or sediment on shoreline or in water

body• ecological study evidence of historical discharge stream impacts affecting organism

population or diversity• impacted groundwater discharging to surface water body above applicable federal or

state criteria.

• Surface water sample for standing body of water.

• Upgradient, downgradient and discharge point samples for flowing water.

• Take into account hydraulics (flow proportional sampling), dry and wet whether flow,seasonal flow and potential contaminant characteristics.

• Analyze sediments when reason to believe impacted:

• for streams and water bodies per 3.9(d) 3 (swales/culverts)• for ponded bodies of water per 3.9(c) (surface impoundments)

• Also analyze for TOC, pH and particle size.

3.9 Area Specific Requirements

All soil sampling depths determined as described in Section 3.6, unless otherwise specified.

(a) Site Investigation (SI) for bulk storage tanks and appurtenances including all in-useand out of service storage tanks (> 55 gallons), piping and fill ports.

1. ASTs Over Unpaved Soil

Direct contact with ground, then:

• 1 soil sample / 100' around tank biased to obvious discharges,repaired portions of tank, valves, or low areas. If > 100' then 3 boringsspaced equidistant.

• Screen soil continuously to 10’ or to the water table (which ever isshallower) - Collect 0.5’ with highest apparent contamination. If noimpact then collect the 0.5' interval above the saturated zone. Ifgroundwater is > 10 feet below ground surface (bgs) - collect the 9.5-10.0' interval bgs.

Not in direct contact with ground, then:

• Sample soil if there is direct physical or documented evidence ofdischarge. If discharge - follow requirements for ASTs in directcontact.

• A minimum of 1 sample if the tank contained a hazardous substance,hazardous waste, or pollutant that does not cause staining. Sample ina biased location. If not accessible - sample within 2' of tank.

2. ASTs Over Paved Surface

• Sample pursuant to pads (see (b) 1 below) if there are stained soilsadjacent to the pad, or if the potential contaminant would not causediscoloration (volatile organics), or if there is a history of spills or otherevidence of a discharge.

• If AST is contained B sample at the drainage discharge point.• Sample below pavement if it is deteriorated or when pavement was

not present over the life of the tank. Samples along the pad if samplingbelow is not practical due to a concrete slab or a bermed containmentstructure

3. USTs

• USTs and distribution systems should be evaluated for any past orpresent discharge. If secondary containment and leak detection havealways been present, and no documented discharge - no samplingrequired. If tank is to be closed - collect samples in accordance withSection 3.6(b).

UST bottom above the saturated zone:

• Samples within 2' of the tank with 1 sample per end, and additionalsamples along the sides at the following frequency:

Tank Capacity Length # Samples (gallons) (feet)

56-2000 to 10 4 2,001-10,000 to 30 610,001-25,000 to 40 8

25,000+ > 40 10

• If sampling adjacent to or between tanks is not possible - samplewithin 5' of tank. Collect 1 groundwater sample within 5= of thedowngradient side. Sample from the 0.5' interval below the tankbottom. If the tank is in the saturated zone, follow below. VOCsamples to be collected in accordance with 3.6(a)4.

UST bottom below the saturated zone:

• For VOCs - two options: 1) Soil investigation (see below), or 2)Sample groundwater pursuant to 3.7(c through e).

• Sample soil from 0.5’ interval above the saturated zone forcontaminants with a specific gravity < water - from the 0.5’ intervalbelow the tank bottom if specific gravity > water.

• Precision tests ok if tank is below a building or inaccessible, is theoriginal tank, with no history or leaks and/or repairs, or if there is notsufficient soil to collect a sample (tank set in bedrock).

• For out of service tanks, the product must be verified by sampling andanalyzing it using the ASTM fingerprint method D3328.

4. Above Grade Piping

• Sample if evidence of discharge or reports of past discharge. Ifrequired - follow guidelines for Discharge Disposal Areas (see (e) 1below).

5. Below Grade Piping

• Sample soil unless piping always had secondary containment withleak detection. Precision tests may be used if piping is original and nohistory of discharges or repairs. If required - collect 1 sample / 15’ ofpiping (piping length to 50’). If > 50', the sampling frequency may bereduced. Two or more pipes within 2’ can be considered one pipe.

Loading andUnloading Areas

• Sample soil at a rate of 1 sample / per fill connection or valveddischarge.

• Impervious cover - use pad guidance (see (b) 1 below).

(b) SI for temporary or permanent storage and staging areas, dumpsters, transformers, above ground tanks, and tank loading/unloading areas or pads

Pads

• Collect 1 sample per side, at a rate of 1 / 30’, biased to the expectedlocation of greatest contamination. If pad is deteriorated, has beenmodified/repaved, or aerial photos / site history show possibledischarges, sample soil below at a rate of 1 / 900 ft2. Samplefrequency may be reduced for larger areas.

• For bermed pads, or pads surrounded by impermeable cover, sampleat the drainage discharge points (see (e) 1 below).

2. Storage and Staging Areas over Impermeable Cover

• If discharge of hazardous substances, hazardous waste, or pollutants- collect sample at a rate of 1 / 900 ft2.

(c) SI for all surface impoundments, including lagoons, fire ponds, waste ponds/pits,storm water detention basins, excavations, natural depressions, or diked areasdesigned to hold an accumulation of liquid substances or substances containing freeliquids. If an impermeable liner is present then a groundwater investigation may beused to verify liner integrity.

• Sediment sampling is required if the structure received runoff from potentialcontaminant sources. Sample biased to inflow/outflow areas and sedimentaccumulation areas. Characterize sediment type, thickness, vertical extent,and analysis. If layer > 0.5’ thick - sample individually. An estimate ofsediment volume is required.

4. SI for all drainage systems

1. Floor Drains / Collection Systems - Investigation required if contaminants weredischarged.

• Sample the point of discharge if the system ever discharged to soil,groundwater, or surface water. If discharge point is unknown, a tracertest is required.

• Document collection system integrity by soil sampling (biased), videoinspection, or pressure tests.

• Sample below floor drains / collection laterals if corrosives are/weredischarged to the system, or if there is a documented history ofsystem discharges, rupture, or repairs. Soil sampling is required atknown/suspected leak areas.

2. Roof Leader Discharge Points - Investigation required if process unitsusing/venting hazardous substances, hazardous wastes, or pollutants on theroof.

• Sample soil at each roof leader discharge

3. Swales and Culverts - Investigation required if it receives/received runoff formanother contaminated area.

• Sample sediment/soil where contamination entered and exited thesystem. If sediments are scoured - sample sediment from thedowngradient receiving/settling structure.

4. Storm Sewer and Spill Containment System - Investigation required if thestructure receives/received runoff/spilled discharge from other contaminatedareas.

• Sample at manholes, catch basins, sumps, or other structureswhere contaminants enter the system, if the structures contain(ed)hazardous substances, hazardous wastes, or pollutants and thestructure is not hydraulically tight. Collect 1 sample within 2’of thedowngradient side, from the 0.5' interval below the bottom of thestructure. All VOC samples to be collected in accordance with3.6(a)4. If flowing groundwater is present in the storm sewerfollowing five days without precipitation and/or snow melt - collectsample and analyze for all potential contaminants.

5. Boiler and Compressor Discharges - Sampling is required if there is reason tobelieve a potential contaminant discharge occurred

• Sample pursuant to Discharge/Waste Disposal Areas (see (e) 1below).

(e) SI for all discharge and waste disposal systems and areas.

1. Discharge Areas and Areas of Discolored Soil or Stressed Vegetation

• Evaluate each distinct area independently as a separate AOC. Bias initial samples based on field indicators. Sample at afrequency of 1 / 900 ft2 for areas < or = 300’ in perimeter. Samplefrequency may be reduced for larger areas upon Departmentapproval.

2 Above Ground Treatment Systems

• The functional portion of the system shall be sampled pursuant tothe requirements for ASTs (see (a) 1&2 above).

3. Below Ground Wastewater Treatment Systems (Includes tanks, septic tanks,separators, and neutralization pits)

• For tanks - collect two samples (1 aqueous and 1 sludge) unless itcan be documented (see Section 1.6c) that only sanitary wastewas discharged to the system (requires a signed affidavit).

• For Septic Disposal Fields - Sampling is required unless onlysanitary materials have been discharged to the field (see above). Sample at a rate of 1 / 500 ft2, with a minimum of four samples perfield. In active beds, sample within 2’ of the edge of the bed, andangle below the infiltrative surface. Samples collected frominactive beds should be biased below laterals and placed toadequately investigate the entire bed - a minimum of the first 5’ ofinfiltrative surface. Sample from the 0.5’ interval below theinfiltrative surface. Sample VOCs pursuant to 3.6(a)4.

• For cesspools, seepage pits, and dry wells - Sample unless onlysanitary materials have been discharged. If required, sample thesludge/sediment in each pit, and collect 1 soil sample within 2’ ofthe downgradient side of the pit to a minimum of depth of 2’ belowthe pit bottom. Sample according to 3.4(a)1 & 2. Collect VOCsamples pursuant to 3.6(a)4. If the pit bottom is within 2’ of the

saturated zone and/or bedrock - collect 1 groundwater samplewithin 2’ of the downgradient edge of the pit and analyze for potential contaminants.

• For collection lines - Sample in accordance with guidance for floordrains (see (d) 1 above).

(f) SI for any other potentially contaminated areas away from process areas nototherwise addressed.

1. Sample locations shall be biased to identified / suspected areas of greatestcontamination - If biasing is not possible, then random sampling is required: 1) Area gridded and each node given an ID#, 2) Grid nodes shall be selected forsampling through a random # chart at a rate of 1 sample / 2 acres (area < 10acres). Areas > 10 acres can be sampled at a reduced frequency subject toDepartment approval.

2. No investigation is required if it can be shown that the area is/has not been usedfor any purpose which included hazardous substances, hazardous waste, orpollutants. Documentation of this should be based on: 1) An aerial photo historypursuant to 3.1c1vi, and 2) An affidavit signed by the person certifying the SiteInvestigation Report, stating that no potential contaminants were discharged inthe area.