New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES
Subchapter 3 - SOIL AND FREE PRODUCT REMEDIATION REQUIREMENTS
Section 7:26F-3.4 - Initiating soil remediation with delineation during excavation

Universal Citation: NJ Admin Code 7:26F-3.4

Current through Register Vol. 57, No. 6, March 17, 2025

(a) An owner electing to initiate soil remediation by excavating contaminated soil while delineating the extent of soil contamination shall:

1. Unless the owner leaves residual contamination pursuant to N.J.A.C. 7:26F-3.7, excavate contaminated soil until contamination is no longer detectable by methods including, but not limited to, field instrumentation, sight, or smell;

2. For a discharge from an unregulated heating oil tank system, collect post-excavation soil samples on the same day as the excavation of the contaminated soil, as follows:
i. If the discharge is from the tank, the owner shall:
(1) Collect one sample from the tank centerline for every six feet of tank length or fraction thereof;

(2) Distribute sample locations equally along the center line of the tank and collect samples from zero to six inches below the base of the final excavation, whether or not ground water is present;

(3) Collect one sample for every 30 linear feet of each sidewall of the excavation or fraction thereof, with a minimum of one sample from each sidewall of the excavation; and

(4) If the excavation extends to within two feet of either bedrock or ground water, then collect a ground water sample pursuant to N.J.A.C. 7:26F-4.2; and

ii. If the discharge is from the piping associated with an unregulated heating oil tank system, the owner shall collect a minimum of one soil sample for every 15 linear feet of piping or fraction thereof, from zero to six inches below the base of the final excavation; and

3. For a discharge from a residential above ground heating oil tank system or a small, non-residential above ground heating oil tank system, collect post-excavation soil samples on the same day as the excavation of the contaminated soil, as follows:
i. If the perimeter of the excavation is 30 feet or less, then collect at least one sample from the bottom of the excavation and one surface sidewall sample (zero to six inches below the ground surface) from the sidewall of the excavation, each of which shall be biased in the direction of water runoff over the ground surface;

ii. If the perimeter of the excavation is greater than 30 feet, then collect at least one additional surface sidewall sample for every 30 linear feet of perimeter, or fraction thereof, and one additional sample from the bottom of the excavation for every 100 square feet of bottom area, or fraction thereof;

iii. For an excavation that is three feet in depth or greater, collect at least one additional sample from the bottom of each sidewall for every 30 linear feet of perimeter, or fraction thereof; and

iv. If the excavation extends to within two feet of either bedrock or ground water, then collect a ground water sample pursuant to N.J.A.C. 7:26F-4.2.

4. Evaluate the soil sample data to determine whether the sample meets the requirements for unrestricted use in accordance with N.J.A.C. 7:26F-3.6;

5. If the sample data indicate that the sample meets the requirements of N.J.A.C. 7:26F-3.6, then complete the remediation pursuant to this chapter;

6. If the sample data indicate that the sample does not meet the requirements of N.J.A.C. 7:26F-3.6, then:
i. Implement a soil remedial action that leaves contaminated soil in place, in accordance with N.J.A.C. 7:26F-3.7; or

ii. Proceed with additional remediation as follows:
(1) Excavate additional contaminated soil beyond the original extent;

(2) Collect the following post-excavation samples:
(A) One additional soil sample from the bottom of the excavation for each additional 100 square feet of newly excavated area; and

(B) One additional sidewall sample for each additional 30 linear feet of sidewall, or fraction thereof;

(3) Analyze the soil samples collected pursuant to (a)6ii(2) above to determine whether the samples meet the requirements for unrestricted use in accordance with N.J.A.C. 7:26F-3.6; and

(4) Repeat the activities set forth in this paragraph until sample data indicate that the sample meets the requirements for unrestricted use in accordance with N.J.A.C. 7:26F-3.6.

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