N.J. Admin. Code § 7:26E-3.9

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

Section 7:26E-3.9 - Site investigation - determination of off-site source of contamination in soil and ground water

(a) If during the site investigation, a contaminant is found in soil or ground water in excess of any remediation standard, then the person responsible for conducting the remediation may investigate the extent to which the contamination in soil or ground water is due to migration to the site from an off-site source. This investigation shall be conducted by:

1. Collecting and analyzing a sufficient number of samples in appropriate locations, both horizontally and vertically, at the property boundary or off site, if needed, in order to be upgradient of any on-site area of concern to adequately determine that there is an off-site source of the contaminant;

2. Collecting and analyzing a sufficient number of samples to demonstrate a contaminant migration pathway exists from the off-site source of contamination to the area of concern; and

3. Conducting a preliminary assessment pursuant to 7:26E-3.1 and if necessary, a site investigation pursuant to 7:26E-3.3 to determine whether a source of the contaminant observed exists on site.

(b) The person responsible for conducting the remediation is not required to conduct further remediation of the contamination migrating onto the site.

N.J. Admin. Code § 7:26E-3.9