Current through Register Vol. 56, No. 18, September 16, 2024
(a) The owner shall remediate soil contaminated by a discharge from a heating oil tank system until soil sampling indicates that the property meets the requirements for unrestricted use at N.J.A.C. 7:26F-3.6 or , the residual contamination requirements at N.J.A.C. 7:26F-3.7.
(b) The owner shall initiate remediation of soil contaminated by a discharge from a heating oil tank system by either:
1. Excavating contaminated soil while delineating the extent of contamination, pursuant to N.J.A.C. 7:26F-3.4; or
2. Delineating the horizontal and vertical extent of contaminated soil pursuant to N.J.A.C. 7:26F-3.5prior to implementing a remedial action.
(c) The owner shall investigate soil contaminated by a discharge from a heating oil tank system as follows:
1. Bias soil sample locations to areas of greatest suspected soil contamination;
2. Analyze the soil samples for the applicable parameters listed in N.J.A.C. 7:26F-2.2, Table 2-1; and
3. Exclude composite sampling, except as necessary for waste classification sampling pursuant to the Hazardous Waste rules, N.J.A.C. 7:26G.
(d) The owner shall properly manage and dispose of all excavated contaminated soil pursuant to the Solid Waste rules, N.J.A.C. 7:26, and the Hazardous Waste rules, N.J.A.C. 7:26G.
(e) The owner shall return excavated soil from drill cuttings or test pit excavations to the original location only if:
1. Drill cuttings are returned in accordance with the Well Construction and Maintenance; Sealing of Abandoned Wells rules, N.J.A.C. 7:9D;
2. Neither free product nor residual contamination is present in the excavated soil;
3. The contamination present in the excavated soil is addressed as part of the remediation of the area of concern in compliance with this chapter; and
4. The replacement of the soil does not pose any threat to public health, safety, or the environment.
(f) When backfilling an excavation, the owner shall:
1. Use fill material that is:
i. Not contaminated above any remediation standard, pursuant to N.J.A.C. 7:26D, as determined based on appropriate sampling of the fill material as referenced in the Fill Material Guidance for SRP Sites, available at
www.nj.gov/dep/srp/guidance/;
ii. Free of extraneous debris and solid waste; and
iii. Of equal or lesser permeability than the soil removed; and
2. If an excavation extends into the saturated zone, compact the backfilled soil in one-foot intervals.
(g) The owner shall obtain a permit from the Department prior to initiating any discharge to surface water, discharge into the ground, injection of fluids into injection wells, or any other activity that currently requires a permit from the Department, as follows:
1. An on-scene coordinator discharge authority permit where water generated from dewatering is treated and then discharged to surface water;
2. A discharge to ground water permit-by-rule where in situ treatment includes the injection or placement of compounds into soil or ground water;
3. A discharge to ground water permit-by-rule where treated water will be reinjected to ground water; or
4. Any other permit required to complete the remedial action.
