reglab/housing_qa huggingface dataset:
NJ Rev Stat § 58:10A-21 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10A-21 - Findings, declarations

58:10A-21. Findings, declarations  The Legislature finds and declares that millions of gallons of gasoline and other hazardous substances are stored prior to use or disposal, in underground storage tanks; that a significant percentage of these underground storage tanks are leaking due to corrosion or structural defect; that this leakage of hazardous substances from underground storage tanks is among the most common causes of groundwater pollution in the State; and that it is thus necessary to provide for the registration and the systematic testing and monitoring of underground storage tanks to detect leaks and discharges as early as possible and thus minimize further degradation of potable water supplies. The Legislature further finds and declares that with the enactment by the United States Congress of the "Hazardous and Solid Waste Amendments of 1984," Pub.L. 98-616 (42 U.S.C. s. 6991) it is necessary to authorize the Department of Environmental Protection to adopt a regulatory program that permits the delegation of the authority to carry out the federal act, but also recognizes the need of this State to protect its natural resources in the manner consistent with well-established environmental principles.  L. 1986, c. 102, s. 1, eff. Sept. 3, 1986.
NJ Rev Stat § 58:10A-23 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10A-23 - Registration of underground storage facilities.

58:10A-23. Registration of underground storage facilities.  3. a. The owner or operator of a facility shall, within 180 days of the effective date of this act, on forms and in a manner prescribed by the commissioner, register that facility with the department. The department may extend the registration period for an additional 180 days.  b. The commissioner shall, within 120 days of the effective date of this act and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations to provide for the registration of all facilities in the State, prescribing the forms and procedures therefor.  This registration shall require the following: (1) The name and address of the owner and operator of the facility; (2) A site plan of the facility indicating the number and location of the underground storage tanks; (3) The date of installation of each of the underground storage tanks; (4) Any other relevant information requested by the commissioner. These rules and regulations shall provide for the periodic, but in no case more frequent than annual, certification by the owner or operator of the facility that the information contained on the registration remains unchanged. The owner or operator of a facility shall, within 30 days of completing the activities for which a permit was acquired pursuant to section 4 of this act, register or reregister, as the case may be, in accordance with the provisions of this section.  L.1986,c.102,s.3; amended 1991,c.1,s.1.
NJ Rev Stat § 58:10A-24 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10A-24 - Permit for modification

58:10A-24. Permit for modification  An owner or operator of a facility proposing to replace, install, expand or substantially modify the facility shall obtain a permit therefor from the commissioner. The commissioner shall not issue a permit unless the owner or operator demonstrates that:  a. The facility is constructed of materials that meet or exceed the standards contained in, and is installed in a manner consistent with, the State Uniform Construction Code adopted pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (C. 52:27D-119 et seq.) and with the rules and regulations adopted pursuant to this act;  b. The facility is equipped with either an approved method of secondary containment or a monitoring system;  c. The facility utilizes corrosion control features necessary to protect the structural integrity of underground storage tanks susceptible to corrosion.  L. 1986, c. 102, s. 4, eff. Sept. 3, 1986.
NJ Rev Stat § 58:10A-24.1 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10A-24.1 - No tank services on underground storage tank; exceptions.

58:10A-24.1 No tank services on underground storage tank; exceptions.  1. a. Except as provided in subsection b. of this section, a person shall not perform, except in accordance with the provisions of this act, tank services on an underground storage tank at an underground storage tank site required for purposes of complying with the provisions of P.L.1986, c.102 (C.58:10A-21 et seq.), including, but not limited to, tank testing, tank installation, tank removal, tank repair, installation of monitoring systems, and subsurface evaluations for corrective action, closure, and corrosivity. Except as provided in subsection b. of this section, a person shall not perform, except in compliance with the provisions of this act, tank testing, tank installation, tank removal, tank closure, or subsurface evaluations for corrective action, closure or corrosivity on an unregulated heating oil tank. Routine maintenance performed on appurtenant pipes, lines, fixtures, and other related equipment on an unregulated heating oil tank may be performed by a person who is not certified pursuant to section 3 of P.L.1991, c.123 (C.58:10A-24.3). b. Subsection a. of this section shall not apply to a person performing tank closure on an underground storage tank located on a farm or an unregulated heating oil tank located on a farm. A person performing tank closure on an underground storage tank located on a farm or an unregulated heating oil tank located on a farm shall comply with the guidelines and the criteria established pursuant to subsection c. of this section. For the purposes of this section, "farm" shall mean land that qualifies for a special tax assessment pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.), or any land less than five acres in area that would otherwise qualify for that farmland assessment and that has produced agricultural or horticultural products with a wholesale value of $10,000 or more annually for at least the two successive years immediately preceding the year in which the tank removal is performed. c. Within 90 days of the effective date of P.L.1997, c.430, the department shall implement guidelines establishing a protocol for the performance of tank closures on a farm. Within 18 months of the effective date of P.L.1997, c.430, the Department of Environmental Protection, in consultation with the Department of Agriculture and the State Soil Conservation Committee, shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt criteria for the performance of tank closures on farms. Both the guidelines and the criteria shall be developed with the objectives of reducing the cost and increasing the efficiency of the process of tank closure while also ensuring environmental protection and public safety. L.1991,c.123,s.1; amended 1997, c.430, s.1; 1999, c.322, s.2.
NJ Rev Stat § 58:10A-24.5 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10A-24.5 - Denial, revocation, etc. of certification.

58:10A-24.5 Denial, revocation, etc. of certification.  5. a. The department may deny, suspend, revoke, or refuse to renew a certification for good cause, including: (1) a violation, or abetting another to commit a violation, of any provision of this act, or of P.L.1986, c.102 (C.58:10A-21 et seq.), or rule or regulation adopted, or order issued under either act; (2) making a false statement on an application for certification or other information required by the department pursuant to this act, or P.L.1986, c.102; (3) misrepresentation or the use of fraud in obtaining certification , in performing tank testing, tank installation, tank removal, tank closure, or subsurface evaluations for corrective action, closure or corrosivity on an unregulated heating oil tank, or in performing underground storage tank services; (4) failure to meet the standards or requirements of the certification program, including standards relevant to the performance, qualifications, and business practices of persons or business firms who perform tank services. b. Before suspending, revoking, or refusing to renew a certification, the department shall afford the applicant or certificate holder an opportunity to be heard in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). c. Suspension, revocation, or refusal to renew a certification shall not bar the department from pursuing against the applicant or certificate holder any other lawful remedy available to the department.  d. Any business firm or person whose certification is revoked shall be ineligible to apply for certification for three years from the date of the revocation. e. If the department has reason to believe that a condition exists that poses an imminent threat to the public health, safety or welfare, it may order the certificate holder to cease operations pending the outcome of the hearing. L.1991,c.123,s.5; amended 1999, c.322, s.6; 2006, c.58, s.7.
NJ Rev Stat § 58:10A-24.7 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10A-24.7 - Guidelines, rules, regulations.

58:10A-24.7 Guidelines, rules, regulations.  7. The Department of Environmental Protection shall, within 120 days of the effective date of this section, establish guidelines to implement the provisions of this act, and shall, within 180 days of the effective date of this section, establish rules and regulations for such implementation. L.1999,c.322,s.7.
NJ Rev Stat § 58:10A-24.8 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10A-24.8 - Interim rules, regulations establishing certification program.

58:10A-24.8 Interim rules, regulations establishing certification program.  8. a. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Department of Environmental Protection shall adopt, after notice, interim rules and regulations establishing a program for the certification of persons qualified to perform tank testing, tank installation, tank removal, tank closure, or subsurface evaluations for corrective action, closure or corrosivity on unregulated heating oil tanks as provided in P.L.1999, c.322 within 60 days after the effective date of this act. The rules and regulations shall be effective as regulations immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 18 months, and may, thereafter, be amended, adopted or readopted by the department in accordance with the provisions of the "Administrative Procedure Act." b. Upon the adoption of interim rules and regulations pursuant to this section, a grant or loan from the fund to close or replace an unregulated heating oil tank may only be made to reimburse the applicant for work performed by a person certified pursuant to section 3 of P.L.1991, c.123 (C.58:10A-24.3). L.2006,c.58,s.8.
NJ Rev Stat § 58:10A-24.9 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10A-24.9 - Required DEP submissions copied to municipality.

58:10A-24.9 Required DEP submissions copied to municipality.  9. Any person who performs tank installation, tank removal, tank closure, or subsurface evaluations for corrective action, closure or corrosivity on an unregulated heating oil tank shall provide to the governing body of the municipality in which the tank is located, copies of any submissions required by the Department of Environmental Protection concerning the tank installation, tank removal, tank closure, and subsurface evaluations for corrective action, closure or corrosivity on an unregulated heating oil tank within 10 days after their submission to the department. L. 2006,c.58,s.9.
NJ Rev Stat § 58:10A-26 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10A-26 - Monthly inspections

58:10A-26. Monthly inspections  Monitoring systems shall be installed, maintained, and operated in accordance with the manufacturer's requirements. Each monitoring system shall be inspected at least monthly to determine that it is functionally unimpaired. L. 1986, c. 102, s. 6, eff. Sept. 3, 1986.
NJ Rev Stat § 58:10A-27 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10A-27 - Inventory records

58:10A-27. Inventory records  The owner or operator of a facility shall maintain inventory records for each underground storage tank which shall, at a minimum, record daily hazardous substance transfers and a periodic average. These records shall be maintained at the site of the facility for at least one year.  L. 1986, c. 102, s. 7, eff. Sept. 3, 1986.
NJ Rev Stat § 58:10A-28 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10A-28 - Leaks, discharges

58:10A-28. Leaks, discharges  a. If the inventory records maintained pursuant to section 7 of this act or a monitoring system indicates a leak or discharge, the owner or operator of the facility shall, within 24 hours of discovery, notify the department and the appropriate local health agencies of the leak or discharge. b. Upon notification, the department shall promptly conduct an inspection to determine the extent and impacts of the leak or discharge.  c. Upon a finding that the leak or discharge is not an imminent threat to the proximate groundwater resources or public health or safety, the commissioner shall order the owner of the underground storage tank to remove, replace, or repair the underground storage tank, establish a date by which the removal, replacement, or repair shall be effected, and take any other action, or require the owner of the tank to take any action, necessary to abate, contain, clean up, or remove, or any combination thereof, the leak or discharge.  d. Upon a finding that the leak or discharge has entered or threatens groundwater resources or public health or safety, the commissioner shall order the immediate removal of the contents of the underground storage tank, and shall take, or require the owner of the underground storage tank to take, all other appropriate actions necessary to abate, contain, clean up, or remove, or any combination thereof, the discharge.  e. If the commissioner provides for the removal, replacement or repair of an underground storage tank by any person other than the owner, or takes other appropriate actions necessary to mitigate the adverse effects of a leak or discharge, the costs of these measures shall be borne by the owner of the underground storage tank.  L.1986,c.102,s.8; amended 1991,c.1,s.2.
NJ Rev Stat § 58:10A-29 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10A-29 - Requirements to meet standards for underground storage tanks.

58:10A-29 Requirements to meet standards for underground storage tanks.  9. a. The department shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (52:14B-1 et seq.), requiring the owner or operator of a facility to meet the standards for the construction, installation, and operation of new and existing underground storage tanks, including standards for secondary containment, monitoring systems, release detection systems, corrosion protection, spill prevention, and overfill prevention, and other underground storage tank equipment adopted pursuant to paragraph (2) of subsection a. of section 5 of P.L.1986, c.102 (C.58:10A-25). The deadlines for compliance with the standards shall be identical to those deadlines established by the United States Environmental Protection Agency pursuant to 42 U.S.C. s.6991 et seq. for all underground storage tanks, including those underground storage tanks not regulated pursuant to 42 U.S.C. s.6991 et seq. b. Notwithstanding the provisions of subsection a. of this section to the contrary, and except as provided in section 2 of P.L.1998, c.59 (C.58:10A-29.1), the deadline for compliance for underground storage tanks with a capacity of over 2,000 gallons used to store heating oil for onsite consumption in a non-residential building shall be five years after the deadline established pursuant to subsection a. of this section. L.1986,c.102,s.9; amended 1991, c.1, s.3; 1994, c.14, s.3; 1998, c.59, s.1.
NJ Rev Stat § 58:10A-29.1 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10A-29.1 - Requirement for contract for leak detection testing.

58:10A-29.1 Requirement for contract for leak detection testing.  2. The owner or operator of any underground storage tank with a capacity of over 2,000 gallons used to store heating oil for onsite consumption in a non-residential building who does not meet the deadline for compliance pursuant to subsection a. of section 9 of P.L.1986, c.102 (C.58:10A-29), shall, no later than December 22, 1998, enter into a contract for the provision of leak detection testing on the underground storage tank using a method that is accepted by the Department of Environmental Protection, which testing shall be performed no later than August 31, 1999 and at least once every 36 months thereafter. The owner or operator of the underground storage tank shall provide a copy of the contract to the Department of Environmental Protection by December 22, 1998 and shall notify the department of the results of the test within 15 days of its performance. If an owner or operator of an underground storage tank fails to comply with the testing and notification requirements specified in this section, then the deadline for compliance shall not be extended as provided in subsection b. of section 9 of P.L. 1986, c. 102 (C.58:10A-29) and the owner or operator who fails to comply with the deadlines established in subsection a. of section 9 of P.L. 1986, c. 102 shall be subject to the penalties as provided in section 10 of P.L.1977, c.74 (C.58:10A-10). L.1998,c.59,s.2.
NJ Rev Stat § 58:10A-30 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10A-30 - Inspection authority

58:10A-30. Inspection authority  The department shall have the authority to enter, at reasonable hours, any property or place of business where underground storage tanks or nonoperational storage tanks are or may be located to inspect any underground storage tank or nonoperational storage tank, and to photograph any records related to the operation of an underground storage tank or a nonoperational storage tank; to obtain samples or evidence of a discharge from any underground storage tank or nonoperational storage tank, or from the surrounding air, soil, or surface or groundwater; and to conduct monitoring or testing of any underground storage tank or nonoperational storage tank or the surrounding air, soil or surface or groundwater. The owner or operator of a facility or a nonoperational storage tank shall allow and cooperate with any action taken by the department pursuant to the provisions of this section.  L. 1986, c. 102, s. 10, eff. Sept. 3, 1986.
NJ Rev Stat § 58:10A-30.1 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10A-30.1 - Underground storage tank inspection program, established

58:10A-30.1. Underground storage tank inspection program, established  2. There shall be established an underground storage tank inspection program in the Department of Environmental Protection pursuant to provisions of the amendment of subparagraph (b) of paragraph 6 of Article VIII, Section II of the State Constitution, adopted at the 2003 general election and effective December 4, 2003 providing therefor. L.2004,c.6,s.2.
NJ Rev Stat § 58:10A-31 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10A-31 - Rules, regulations

58:10A-31. Rules, regulations  11. The commissioner may adopt, pursuant to the "Administrative Procedure Act," any rules and regulations in addition to those required pursuant to this act, necessary to carry out the provisions of this act, including rules and regulations imposing fees for the processing of initial registrations pursuant to section 3 of this act and for any renewal thereof, and for processing permits required pursuant to section 4 of this act.  Registration fees shall be established for subsequent registrations and shall not exceed the estimated yearly cost of implementing the provisions of this act. The commissioner may consider the size, contents and the location of the underground storage tanks in establishing these fees. The fee that may be imposed upon the owner or operator of a facility which comprises only two or more tanks used to store heating oil for on-site consumption in a residential building, where no individual tank has a capacity of more than 2,000 gallons, may not exceed $100 for that facility for an initial registration or a renewal thereof. These fees shall be deposited in the General Fund. The Legislature shall annually appropriate to the department an amount equivalent to the amount anticipated to be collected as fees charged under this section for the purposes of administering the provisions of this act.  L.1986,c.102,s.11; amended 1992,c.147,s.2.
NJ Rev Stat § 58:10A-32 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10A-32 - Penalties

58:10A-32. Penalties  A person violating the provisions of this act is liable to the penalties prescribed in section 10 of P.L. 1977, c. 74 (C. 58:10A-10).  L. 1986, c. 102, s. 12, eff. Sept. 3, 1986.
NJ Rev Stat § 58:10A-33 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10A-33 - Exemption

58:10A-33. Exemption  The owner or operator of a facility equipped with a monitoring system who has obtained a permit for groundwater discharges pursuant to section 6 of P.L. 1977, c. 74 (C. 58:10A-6) is exempt from the requirements of section 9 of this act.  L. 1986, c. 102, s. 13, eff. Sept. 3, 1986.
NJ Rev Stat § 58:10A-34 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:10A-34 - Other powers unaffected

58:10A-34. Other powers unaffected  Nothing in this act shall be construed to limit the department's authority to respond to, or remove or clean up, a discharge pursuant to the provisions of any other State or federal law.  L. 1986, c. 102, s. 14, eff. Sept. 3, 1986.