N.J. Admin. Code § 7:26E-3.10 - Site investigation - determination of off-site source of contamination in surface water and sediment

(a) If during the site investigation, a contaminant is detected in surface water or sediment in excess of an aquatic or human health based surface water quality standard, an ecological screening criterion, or a residential direct contact soil remediation standard, then the person responsible for conducting the remediation may investigate the extent to which the contaminant concentration in surface water or sediment is due to an off-site source. This investigation shall be conducted by:

1. Collecting and analyzing a sufficient number of samples in appropriate locations to adequately determine that there is an off-site source of the contaminant; and

2. Conducting a preliminary assessment pursuant to N.J.A.C. 7:26E-3.1 and if necessary, a site investigation pursuant to N.J.A.C. 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 a site.

Notes

N.J. Admin. Code § 7:26E-3.10