reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 9 - OUT-OF-SERVICE UNDERGROUND STORAGE TANK SYSTEMS AND CLOSURE OF UNDERGROUND STORAGE TANK SYSTEMS › Section 7:14B-9.5 - Reporting and recordkeeping requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				owner and operator shall prepare a site investigation report in accordance with
				the Administrative Requirements for the Remediation of Contaminated Sites, at
N.J.A.C. 7:26C-2.3
, and
				the Technical Requirements for Site Remediation at
N.J.A.C.
				7:26E-3.13
, accompanied by the
				appropriate fees required pursuant to
N.J.A.C.
				7:14B-3.5
and the Administrative
				Requirements for the Remediation of Contaminated Sites rules at N.J.A.C.
				7:26C-4, as applicable, and within the timeframes set forth in the
				Administrative Requirements for the Remediation of Contaminated Sites, at
N.J.A.C.
				7:26C-3.3
.
(b) The owner and operator shall submit a
				site investigation report and a form found on the Department's website at
www.nj.gov/dep/srp/srra/forms
,
				pursuant to the Technical Requirements for Site Remediation, at
N.J.A.C. 7:26E-3.13
,
				within the mandatory timeframes set forth in the Administrative Requirements
				for the Remediation of Contaminated Sites,
N.J.A.C.
				7:26C-3.3
, which shall include the
				name and address for both the owner and the operator, the underground storage
				tank Facility Identification Number, the specific tank number(s) for the
				underground storage tanks systems being closed, and all applicable case numbers
				or tank closure approval numbers. The site investigation report shall be
				accompanied by the appropriate fee pursuant to the Administrative Requirements
				for the Remediation of Contaminated Sites at N.J.A.C. 7:26C-4.
(c) Along with the site investigation report
				submitted pursuant to (b) above, if the owner or operator concludes in the site
				investigation report that no further remediation is required, then the licensed
				site remediation professional shall issue a response action outcome to the
				owner or operator pursuant to the Administrative Requirements for the
				Remediation of Contaminated Sites at N.J.A.C. 7:26C-6.
(d) Along with the site investigation report
				submitted pursuant to (b) above, if the owner or operator concludes in the site
				investigation report that further remediation is required, then the owner or
				operator shall conduct additional remediation pursuant to the Administrative
				Requirements for the Remediation of Contaminated Sites at N.J.A.C. 7:26C, and
				the Technical Requirements for Site Remediation at N.J.A.C. 7:26E.
(e) The owner of the property on which an
				underground storage tank system was closed shall:
1. Maintain permanently all records generated
				to comply with the requirements of this subchapter; and
2. Make all such records available to the
				Department and any authorized local, State and/or Federal representative upon
				request.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 10 - PERMITTING REQUIREMENTS FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 7:14B-10.1 - Permit requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who owns or operates, or is
				proposing to own or operate an underground storage tank system shall, except as
				specified in (b) and (c) below:
1. Obtain a
				permit from the Department prior to the repair, installation, substantial
				modification, or upgrade of the underground storage tank system, or performance
				of an activity specified in N.J.A.C. 7:14B-4, 4A, 5, and 6 requiring Department
				approval;
2. Obtain a construction
				permit issued pursuant to the New Jersey Uniform Construction Code,
N.J.A.C. 5:23
, prior to the repair, installation, or upgrade
				of an underground storage tank system; and
3. Comply with the notification requirements
				at N.J.A.C. 7:14B-10.1A.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 10 - PERMITTING REQUIREMENTS FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 7:14B-10.1A - Fourteen-day notification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				owner and operator shall notify the Department at least 14 days prior to
				commencing physical on-site work related to the installation, substantial
				modification, or closure of an underground storage tank system, or performing
				any activity specified in N.J.A.C. 7:14B-4, 5, or 6 requiring Department
				approval.
1. Notification of such activities
				undertaken in response to an emergency shall be provided to the Department by
				the UST facility owner and operator, an individual or business firm certified
				to perform the work described in (a) above, or a Licensed Site Remediation
				Professional, licensed pursuant to
N.J.A.C.
				7:26C-1.3
, as soon as practicable,
				but not to exceed 14 days after the emergency activity.
2. Notification shall be provided to the
				Department by e-mail to 14dayUSTnotice@dep.nj.gov and shall include the
				following information in each notification:
i.
				The address, name, and UST facility ID number where the work activities will
				occur;
ii. The approved activity to
				be undertaken and the anticipated date(s) of the activity;
iii. The name, phone, and e-mail contact
				information of the owner and operator; and
iv. The name, phone, and e-mail contact
				information of the contractor performing the activities, if different from the
				owner and operator.
3.
				Department notification performed pursuant to this section is in addition to
				any permit applications or notifications as required by this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 10 - PERMITTING REQUIREMENTS FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 7:14B-10.2 - Permits required in wellhead protection areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner
				and operator of an underground storage tank system in a wellhead protection
				area shall obtain a permit from the Department in accordance with
N.J.A.C. 7:14B-10.1(a)
prior to upgrading the tank
				system.
(b) Prior to submitting a
				permit application for the upgrade or substantial modification of underground
				storage tank systems in wellhead protection areas, a site investigation of the
				underground storage tank system shall be performed in accordance with the
				requirements of
N.J.A.C. 7:26E
.
1. f the site investigation report indicates
				that a discharge has occurred, the Department shall not issue a permit for the
				upgrade of the underground storage tank system unless owner and operator:
i. Notifies the Department's Environmental
				Action Hotline at 877 WARN DEP or 877-927-6337 of the discharge;
ii. Submits a remedial investigation
				report/remedial action workplan in accordance with the requirements of the
				Technical Requirements for Site Remediation rules at N.J.A.C. 7:26E;
				and
iii. Identifies the source of
				the discharge and documents that the underground storage tank system was
				repaired or identifies the source of the discharge and submits a plan for
				repair of the underground storage tank system.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 10 - PERMITTING REQUIREMENTS FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 7:14B-10.3 - Permit applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All permit applications shall be
				submitted on forms provided by the Department obtained from the address noted
				below and containing the information specified in (b) below. The permit
				application shall be accurately completed, signed, dated, and returned to the
				address at
N.J.A.C.
				7:14B-2.2(b)
.
(b) Any owner and
				operator of an existing or proposed underground storage tank system which
				requires a Department issued permit shall:
1.
				Submit with the permit application one copy of the plans and specifications for
				the proposed installation, modification or upgrade of the underground storage
				tank system, signed and sealed by a New Jersey professional engineer, drawn to
				scale and depicting the top, front, and side views of the proposed or existing
				underground storage tank system. Plans submitted shall show all information and
				details necessary to indicate compliance with this chapter and shall include a
				certification in accordance with
N.J.A.C.
				7:14B-1.7(b)
;
2. Submit a copy of the scaled
				site diagram showing the size and location of all underground storage tank
				systems, all existing structures on the site, and distances from lot
				lines;
3. Submit information
				documenting soil permeability as required pursuant to
				7:14B-6.5(a)5  and
				6;
4. Submit documentation of the
				depth to ground water as required pursuant to
				7:14B-6.5(a)6;
5. Submit all corrosion system designs
				required pursuant to
				7:14B-4.1(a)  or
				4.2. The design of all field installed cathodic protection systems shall be
				certified in the manner described in (b)1 above by a cathodic protection
				specialist certified by the Department pursuant to N.J.A.C. 7:14B-13;
6. Submit a detailed description of the
				upgrade, installation, or repair to be performed;
7. Submit documentation demonstrating the
				precision of the performance of the release detection monitoring method chosen
				pursuant to
				7:14B-6.1, 6.2 and 6.3;
8. Submit a scaled site diagram which
				accurately indicates the location of all sampling and monitoring points in
				relation to all underground storage tank systems at the facility;
9. Submit a certification in accordance with
N.J.A.C. 7:14B-1.7(c)
signed by a licensed site
				remediation professional, that the number and locations of all vapor or product
				monitoring points is sufficient to monitor the underground storage tank system
				should this method of monitoring be chosen; and
10. Submit all fees in accordance with
				7:14B-3.5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 10 - PERMITTING REQUIREMENTS FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 7:14B-10.4 - Public access to permit information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All completed
				New Jersey Underground Storage Tank permit application forms, as well as
				documented information pertaining to the permit, shall be considered public
				records pursuant to
				47:1A-1 et seq.
(b) Interested persons shall submit a written
				request for an appointment to review the public records. This written request
				shall be sent to the Department at the address at
				7:14B-2.2(b).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 10 - PERMITTING REQUIREMENTS FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 7:14B-10.5 - Display of permit and availability of approved plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner
				and operator of an underground storage tank system for which a Department
				permit has been issued shall prominently display the valid permit at the
				facility site during the course of the permitted activity and shall make the
				permit available for inspection by an authorized local, State, or Federal
				representative.
(b) The owner and
				operator of an underground storage tank system for which a Department permit
				has been issued shall maintain one set of approved plans at the facility site
				during the course of the permitted activity and shall make the approved plans
				available for inspection by any authorized local, State, or Federal
				representative.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 10 - PERMITTING REQUIREMENTS FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 7:14B-10.6 - Emergency permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may, in its discretion
				based upon the criteria listed in (a)1 and 2 below, issue an emergency
				underground storage tank permit in the specific instance where a building's
				sole source of heat is from an oil burner and that building's underground
				storage tank system containing heating oil is determined to be discharging.
1. When this type of underground storage tank
				system is discovered to have released a hazardous substance into the
				environment, the owner or operator shall request an emergency permit to remove
				and replace, or repair, the discharging underground storage tank system;
				and
2. All permitted activities
				shall be performed in accordance with the requirements set forth in this
				chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 10 - PERMITTING REQUIREMENTS FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 7:14B-10.7 - Permit expiration

Current through Register Vol. 56, No. 14, July 15, 2024
Any permit issued pursuant to this chapter shall expire if
				  the work authorized by the permit is not commenced within 12 months after the
				  effective date of the permit, or if the authorized work is suspended or
				  abandoned for a period of six months at any time after work has begun.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 10 - PERMITTING REQUIREMENTS FOR UNDERGROUND STORAGE TANK SYSTEMS › Section 7:14B-10.8 - Grounds for denial or revocation of permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department may, in its discretion based on the criteria listed in (a)1 and 2
				below, deny the issuance of a permit under this subchapter upon a determination
				of the following:
1. The permit application
				is incomplete, contains inaccurate information and/or is illegible;
				or
2. The owner, operator, or both
				fail to comply with any requirement of the State Act or this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 11 - MUNICIPAL ORDINANCES › Section 7:14B-11.1 - Local ordinance exemption

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				supersedes any law or ordinance regulating underground storage tanks regulated
				subject to this chapter, enacted by a municipality, county or political
				subdivision thereof prior to the effective date of this chapter.
(b) No municipality, county, or political
				subdivision thereof shall enact any law or ordinance regulating underground
				storage tanks regulated subject to this chapter without express permission from
				the Department in accordance with
				7:14B-11.2 below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 11 - MUNICIPAL ORDINANCES › Section 7:14B-11.2 - Local ordinance enactment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A municipality,
				county or political subdivision thereof may apply to the Department at the
				address listed at
				7:14B-5.6(d)  for
				authority to enact a municipal ordinance that provides rules and regulations
				that are more environmentally protective than this chapter. The application
				shall consist of the following:
1. A copy of
				the proposed ordinance;
2. A
				resolution from the governing body supporting the proposed ordinance;
3. A written statement setting forth all the
				provisions of the proposed ordinance which differ from those set forth, or are
				not found in, this chapter;
4. The
				legal and environmental basis for the difference;
5. All supporting facts and data;
				and
6. The means by which the local
				government will enforce the provisions of the ordinance.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 11 - MUNICIPAL ORDINANCES › Section 7:14B-11.3 - Department determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall, within 180 days of receipt of a written petition from a municipality,
				evaluate the proposed municipal ordinance to determine whether the exemption is
				warranted and advise the municipality of its findings.
(b) The Department shall base its
				determination on the following criteria:
1.
				The municipal ordinance provides greater environmental protection for unique
				hydrologic conditions;
2. The
				municipal ordinance provides greater protection against imminent threats to
				human health; or
3. The municipal
				ordinance provides greater environmental protection for wetlands or flood
				plains.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 12 - PENALTIES, REMEDIES, AND ADMINISTRATIVE HEARING PROCEDURES › Section 7:14B-12.1 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon a finding that an owner, operator,
				or both have failed to comply with any requirement of the State Act or N.J.A.C.
				7:14B-1, 3, or 7 through 11, the Department may:
1. Deny or revoke the UST registration
				certificate or permit for their underground storage tank system;
2. Order compliance with the State Act or
				regulatory provision violated; and
3. Assess a civil administrative penalty
				pursuant to the Administrative Requirements for the Remediation of Contaminated
				Sites, N.J.A.C. 7:26C-9.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 12 - PENALTIES, REMEDIES, AND ADMINISTRATIVE HEARING PROCEDURES › Section 7:14B-12.2 - Adjudicatory hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person may
				request a hearing to contest:
1. A denial or
				revocation of an UST registration certificate, pursuant to
N.J.A.C. 7:14B-2.6
;
2. A denial of a permit,
				pursuant to
N.J.A.C. 7:14B-10.8
;
3. A denial of an
				ordinance adoption issued pursuant to
				N.J.A.C.
				7:14B-11; or
4. A denial or revocation of a certification
				of an individual or business firm, pursuant to
				N.J.A.C.
				7:14B-13 or 16.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 12 - PENALTIES, REMEDIES, AND ADMINISTRATIVE HEARING PROCEDURES › Section 7:14B-12.3 - Request for a stay of the effective date of a Departmental determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Department decisions are effective
				according to their terms, unless stayed by the Department in writing.
(b) The Department, in its discretion, may
				grant a stay of the effective date of a Department decision specified in
N.J.A.C. 7:14B-12.2(a)
upon application for a stay by the
				aggrieved party.
(c) To request a
				stay, an aggrieved party shall submit the following documents, which
				substantiate, by a preponderance of the evidence, that one of the following
				circumstances exist:
1. The granting of the
				stay is required as a constitutional or statutory right; or
2. The potential effect on public health and
				safety or the environment, which might result from a decision to grant a stay
				is greatly outweighed by immediate, irreparable injury to the specific party
				requesting such stay.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 12 - PENALTIES, REMEDIES, AND ADMINISTRATIVE HEARING PROCEDURES › Section 7:14B-12.4 - Civil administrative penalties for violations of N.J.A.C. 7:14B-13 and 16

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual or business firm that
				violates the provisions of N.J.A.C. 7:14B-13 or 16, is subject to a civil
				administrative penalty of not more than $ 5,000 for the first offense, not more
				than $ 10,000 for the second offense, and $ 25,000 for the third and each
				subsequent offense. If the violation is of a continuing nature, each day of
				violation constitutes an additional, separate and distinct offense.
(b) The Department shall assess a civil
				administrative penalty by notifying the violator by certified mail or personal
				service. The notice shall include:
1. A
				reference to the section of the statute, regulation, order, or permit condition
				violated;
2. A concise statement of
				the facts alleged to constitute the violation;
3. A statement of the amount of the civil
				administrative penalty to be assessed; and
4. A statement of the right to request a
				hearing pursuant to
N.J.A.C.
				7:14B-12.2
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 13 - CERTIFICATION OF INDIVIDUALS AND BUSINESS FIRMS › Section 7:14B-13.1 - General requirements for certification and services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No
				individual shall:
1. Provide any services
				listed at 7:14B-13.2(a)  on
				an underground storage tank system regulated pursuant to
				58:10A-21 et seq. and this chapter
				for the purpose of complying with this chapter, unless the individual is
				certified or working under the immediate, on-site supervision of a person
				certified in accordance with this subchapter; or
2. Conduct remediation of an underground
				storage tank system regulated pursuant to
				58:10A-21 et seq. and this chapter
				for the purpose of complying with this chapter and N.J.A.C. 7:26C, unless that
				person is a licensed site remediation professional, or representative thereof.
				A licensed site remediation professional need not also be licensed pursuant to
				this subchapter in order to conduct remediation on an underground storage tank
				system.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 13 - CERTIFICATION OF INDIVIDUALS AND BUSINESS FIRMS › Section 7:14B-13.2 - Classifications of underground storage tank services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				individual or business firm may apply for certification in any one or more of
				the following classifications of underground storage tank services:
1. Installation which may be either entire
				system installation or release detection monitoring system
				installation;
2. Closure;
3. Tank testing; and
4. Corrosion protection system analysis which
				may be either cathodic protection specialist or cathodic protection
				tester.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 13 - CERTIFICATION OF INDIVIDUALS AND BUSINESS FIRMS › Section 7:14B-13.3 - Application procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual
				who wishes to be certified in one or more of the classifications described in
N.J.A.C. 7:14B-13.2
, or if
				already certified, who wishes to add a classification of certification, or who
				wishes to renew the certification, shall apply on forms available from the
				Department at
http://www.nj.gov/dep/exams/ust.htm
.
				The information required to be submitted to the Department shall include the
				following:
1. The name and address of
				certification applicant;
2. The
				name and address of the employer of the certification applicant;
3. A history of experience documenting the
				qualification for certification as required at
				7:14B-13.4;
4. A listing of education and/or training
				completed demonstrating the fulfillment of the requirement for certification
				pursuant to
				7:14B-13.4;
5. A list of the categories of service being
				applied for; and
6. The issuance
				and expiration dates and New Jersey Professional Engineer's license number or
				New Jersey Master Plumber's license number if the certification applicant is
				applying for an exemption from the examination.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 13 - CERTIFICATION OF INDIVIDUALS AND BUSINESS FIRMS › Section 7:14B-13.4 - Eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Individuals not satisfying the criteria
				in (c) or (d) below may obtain certification for the classifications identified
				in (a)1, 2, and 3 below by passing the proficiency examination described in
N.J.A.C. 7:14B-13.5
. An
				applicant shall be eligible to take the proficiency examination if the
				applicant meets the following minimum criteria for each classification for
				which the applicant is seeking certification:
1. Applicants for the entire system
				installation classification examination shall meet the following criteria:
i. Either a minimum of two years experience
				performing installations of underground storage tank systems regulated pursuant
				to N.J.S.A. 58:10A-21 et seq. with
				participation in at least five installations during each year of experience or
				nine months experience with participation in at least 25 installations of
				underground storage tank systems regulated pursuant to
				N.J.S.A.
				58:10A-21 et seq. in that nine-month
				period;
ii. Completion of training
				approved by the manufacturer of the equipment installed by the individual;
				and
iii. Completion of health and
				safety training given in accordance with the United States Environmental
				Protection Agency's Standard Operating Safety Guides (Hazardous Materials
				Incident Response Operations Course (165.5)) and the United States Department
				of Labor's Occupational Safety and Health Administration's Safety and Health
				Standards ( 29 C.F.R. 1910 and 1926 et seq.).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 13 - CERTIFICATION OF INDIVIDUALS AND BUSINESS FIRMS › Section 7:14B-13.5 - Examinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As a condition of initial certification,
				an individual is required to pass an examination in each classification of
				service for which the applicant is seeking certification, unless the individual
				is not subject to an examination as set forth in
N.J.A.C.
				7:14B-13.4(b)
, or
				is exempted by
N.J.A.C. 7:14B-13.4(c)
or (d).
(b) Failure to pass an examination shall
				result in the denial of the application for certification and the forfeiture of
				all application fees.
(c) Any
				applicant who submits false, inaccurate or incomplete information when applying
				for certification may be disqualified from taking the examination or receiving
				the certification.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 13 - CERTIFICATION OF INDIVIDUALS AND BUSINESS FIRMS › Section 7:14B-13.6 - Continuing education requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As a condition
				for renewal of certification, all certified individuals shall attend annual
				eight-hour health and safety refresher courses as required by
				29 C.F.R.
				1910.120(e)(8).
(b) As a condition for renewal of
				certification, all certified individuals shall complete a Department-approved
				training course on the Department's rules and regulations concerning
				underground storage tanks within one year prior to renewal.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 13 - CERTIFICATION OF INDIVIDUALS AND BUSINESS FIRMS › Section 7:14B-13.7 - Renewal requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				certification of each individual and business firm shall be valid for three
				years.
(b) An individual
				certification may be renewed by submitting records demonstrating compliance
				with the continuing education requirements at
N.J.A.C.
				7:14B-13.6
and the renewal fee
				required pursuant to N.J.A.C. 7:14B-3 to the Department at least 60 calendar
				days prior to expiration of the current certification.
(c) Business firm certifications may be
				renewed by submitting a renewal fee, and the certification number of those
				individuals through which the business firm is certified, to the Department at
				the address listed in
N.J.A.C. 7:14B-13.1(k)
at least 60 calendar days prior to
				expiration of the current certification.
(d) No individual may perform services for
				which certification is required after the expiration of a certification. An
				individual who fails to renew his or her certification within 90 calendar days
				following the expiration date of the certification shall meet the initial
				certification requirements as required by this subchapter.
(e) Individuals who have acquired additional
				classifications subsequent to initial certification shall renew all subsequent
				certifications at the same time as renewing the initial
				certification.
(f) Proof of the
				individual's attendance at continuing education courses, required training
				courses, and supporting documentation of all requisites or prerequisites as
				required in
				7:14B-13.6 shall be made available
				upon request by the Department.
(g)
				The Department is not responsible for providing notification to any individuals
				or business firms that certifications are to expire.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 13 - CERTIFICATION OF INDIVIDUALS AND BUSINESS FIRMS › Section 7:14B-13.8 - Financial responsibility assurance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As a condition
				of certification or renewal of certification, a business firm engaged in
				providing underground storage tank services shall maintain evidence of
				financial responsibility assurance pursuant to this section, for the mitigation
				or remediation of a hazardous substance discharge resulting from the
				performance of such services. Financial responsibility assurance in the amount
				and form required in this section shall be maintained for the term of the
				certification of the business firm.
(b) A business firm shall provide written
				notification to the Department 120 days prior to any cancellation or change in
				status of a mechanism used to provide financial responsibility assurance at the
				address at 7:14B-2.2(b).
(c) Financial responsibility assurance may be
				demonstrated through one or more of the following mechanisms:
1. Liability insurance as follows:
i. Liability insurance may be in the form of
				a separate insurance policy, or an endorsement to an existing policy which
				covers the remediation of a discharge resulting from the performance of those
				services which the insured is certified to perform under this
				subchapter;
ii. The policy shall
				provide limits of liability for at least $ 250,000 per occurrence and at least
				$ 250,000 annual aggregate;
iii.
				The insurer is responsible for the payment of all monies to the limit of the
				policy, including any deductible applicable to the policy, to the provider of
				remediation with a right to reimbursement by the insured for any such payment
				made by the insurer; and
iv. Each
				insurance policy shall be issued by an insurer that, at a minimum, is licensed
				to transact the business of insurance or eligible to provide insurance as an
				excess or surplus lines insurer in New Jersey; or
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 13 - CERTIFICATION OF INDIVIDUALS AND BUSINESS FIRMS › Section 7:14B-13.9 - Professional business practices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual
				and business firm certified pursuant to this subchapter shall:
1. Perform all services in accordance with
				all applicable Federal, State and local rules and regulations;
2. Employ fair and reasonable pricing and
				business practices in all of its dealings with clients and the
				Department;
3. Upon request,
				provide all prospective clients a list of the standard price for services in
				accordance with (c) below that are material to the work to be provided;
				and
4. Present a copy of the
				Department-issued certification card to all prospective clients upon
				request.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 13 - CERTIFICATION OF INDIVIDUALS AND BUSINESS FIRMS › Section 7:14B-13.10 - Denial, suspension, revocation, and refusal to renew a certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department may deny, suspend, revoke, or refuse to renew a certification issued
				pursuant to N.J.A.C. 7:14B-13 for good cause, including:
1. A violation, or abetting another to commit
				a violation of any provision of this chapter or of
				58:10A-21 et seq., or of an order
				issued pursuant to the Act;
2.
				Making a false, inaccurate or incomplete statement on an application for
				certification or other information required by the Department pursuant to this
				chapter or
				58:10A-21 et seq.;
3. Misrepresentation or the use of fraud in
				obtaining certification or performing underground storage tank
				services;
4. Failure to attend a
				Department approved course on the regulations as required pursuant to
N.J.A.C.
				7:14B-13.4(e)
;
5. Failure to adhere the
				professional business practices listed in
				7:14B-13.9; or
6. Any other violation of this subchapter,
				the Technical Requirements for Site Remediation, N.J.A.C. 7:26E, the
				Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C.
				7:26C, the Spill Compensation and Control Act, N.J.S.A. 58:10-23.1 1 et seq.,
				the Water Pollution Control Act,
				58:10A-1 et seq., the Site
				Remediation Reform Act,
				58:10C-1 et seq., or of an order
				issued pursuant to any of these Acts.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 15 - FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 7:14B-15.1 - Applicability and general requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				This subchapter sets forth financial responsibility assurance requirements for
				owners and operators for the purpose of remediation and for compensating third
				parties for bodily injury and property damage as a result of a discharge from
				an underground storage tank system.
(b) Owners and operators of Federally
				regulated systems subject to 40 C.F.R. Part 280 Subpart H shall comply with
				this subchapter by maintaining financial assurance pursuant to 40 C.F.R. Part
				280 Subpart H incorporated, in its entirety, by reference.
(c) By September 16, 2003, the owner and
				operator not covered by (b) above shall comply with this subchapter for the
				amounts listed in N.J.A.C. 7:14-15.2 by maintaining financial assurance
				pursuant to USEPA's Financial Responsibility Regulations at 40 CFR Part 280
				Subpart H, incorporated by reference, with the noted exclusions at
N.J.A.C.
				7:14B-15.3(c)
.
(d) State and Federal
				government entities whose debts and liabilities are the debts and liabilities
				of the State of New Jersey or the United States are exempt from the
				requirements of this subchapter.
(e) If the owner and operator are separate
				persons, only one person is required to demonstrate financial responsibility;
				however, both the owner and operator are responsible in the event of
				noncompliance.
(f) The owner and
				operator may use separate mechanisms to satisfy the requirements of
				7:14B-15.2 for different
				underground storage tank systems; however, the annual aggregate required shall
				be based on the number of tanks covered by each separate mechanism.
(g) he owner and operator are not required to
				maintain financial responsibility assurance pursuant to this subchapter for any
				underground storage tank system when either of the following conditions has
				been met; the owner and operator may be required, however, to maintain
				financial assurance if the owner and operator are required to obtain a remedial
				action permit pursuant to the Administrative Requirements for the Remediation
				of Contaminated Sites at
N.J.A.C. 7:26C-7.7
.
1. The Department or a licensed
				site remediation professional has issued a final remediation document for the
				closure of the underground storage tank system; or
2. Notice that each third-party claim for
				damages as a result of a discharge from the underground storage tank system has
				been resolved pursuant to
				40 C.F.R.
				280.112 as adopted by reference at
				7:14B-15.3, if one has been
				filed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 15 - FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 7:14B-15.2 - Amount and scope of required financial responsibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Owners and operators shall maintain financial responsibility assurance for
				regulated underground storage tank systems in the per-occurrence or
				per-incident amounts as follows:
1. For
				petroleum underground storage tank systems located at petroleum marketing
				facilities, or facilities that handle an average of more than 10,000 gallons of
				petroleum per month based on annual throughput for the previous calendar year:
				$ 1,000,000;
2. For all other
				petroleum underground storage tanks: $ 250,000; and
3. For underground storage tanks systems
				containing hazardous substances other than petroleum: $ 1,000,000.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 15 - FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 7:14B-15.3 - Incorporation of the Code of Federal Regulations by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless
				specifically excluded by these rules, when a provision of the Code of Federal
				Regulations (C.F.R.) is incorporated by reference into this rule, all notes,
				comments, appendices, diagrams, tables, forms, figures, and publications are
				also incorporated by reference.
(b)
				Owners and operators of Federally regulated underground storage tank systems
				subject to 40 C.F.R. Part 280 Subpart H shall comply with this subchapter by
				maintaining financial assurance pursuant to 40 C.F.R. Part 280 Subpart H
				incorporated, in its entirety, by reference into this rule.
(c) Owners and operators of State regulated
				underground storage tank systems subject to the requirements of
N.J.A.C. 7:14B
, but not covered by (b) above, shall comply
				with this chapter for the amounts listed in N.J.A.C. 7:14-15.2 by complying
				with USEPA's Financial Responsibility Regulations at 40 CFR Part 280 Subpart H,
				incorporated by reference into this rule with the following noted exclusions:
1.
										40
				C.F.R. 280.98, Surety Bond;
2.
										40 C.F.R.
				280.100, Use of State required
				mechanism;
3.
										40 C.F.R.
				280.101, State fund of other State assurance;
				and
4.
										40 C.F.R.
				280.106(d), Local government
				guarantee, Local Government Guarantee With Standby Trust Made by a
				State.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 15 - FINANCIAL RESPONSIBILITY REQUIREMENTS › Section 7:14B-15.4 - Document availability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Copies of the
				40 CFR Part 280 Subpart H, as adopted and incorporated by reference herein are
				available for review. Publications incorporated by reference within the Code of
				Federal Regulations as listed at 40 CFR Part 280 Subpart H, or the most
				currently available version, are also available for review. The Federal rule
				can be accessed through a hyperlink provided on the Department's internet web
				page at
www.nj.gov/dep/srp/regs/
.
				These publications may also be reviewed by contacting the Department at:
New Jersey Department of Environmental Protection
Site Remediation and Waste Management Program
Division of Enforcement, Technical & Financial
				  Support
Mail Code 401-06E
PO Box 420
Trenton, NJ 08625-0420
(b) Copies of 40 C.F.R. 280 Part H as adopted
				and incorporated by reference herein, may be purchased from the following
				sources:
U.S. Government Printing Office
Superintendent of Documents
Mail Stop: SCOP
Washington, DC 20402-9328
U.S. Government Printing Office Bookstore
Room 110, 26 Federal Plaza
New York, NY 10278-0081
U.S. Government Printing Office Bookstore
Robert Morris Building
100 North 17th Street
Philadelphia, PA 19103
(c) Copies of 40 C.F.R. 280 Part H as adopted
				and incorporated by reference herein, are available for review at the following
				public libraries:
New Jersey State Library
PO Box 520, 185 West State Street
Trenton, NJ 08625-0520
Newark Public Library
5 Washington Street
Newark, NJ 07101
(d)
				The Office of the Federal Register, a component of the National Archives and
				Record Administration, has a website at
www.nara.gov/fedreg
which shows a
				current listing of files available for public inspection, Federal Registers as
				well as the Code of the Federal Regulations.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 16 - CERTIFICATION OF INDIVIDUALS AND BUSINESS FIRMS FOR UNREGULATED UNDERGROUND STORAGE TANK SYSTEMS › Section 7:14B-16.1 - Scope and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				establishes the certification program for any individual or business firm
				providing services on unregulated heating oil tank systems, except closure of
				an unregulated heating oil tank system located on a farm.
(b) An individual or business firm certified
				in one or more classifications of regulated underground storage tank system
				services in accordance with N.J.A.C. 7:14B-13 is also certified under this
				subchapter for those same classifications for unregulated underground storage
				tank system services.
(c) An
				individual or business firm that is licensed to perform well drilling or pump
				installation services at the site of unregulated heating oil tank systems
				pursuant to
				58:4A-11 shall not be required to
				be certified under this subchapter in order to provide well drilling or pump
				installation services on unregulated heating oil tank systems.
(d) As of July 6, 2009, any individual or
				business firm providing services on unregulated heating oil tank systems in any
				of the categories listed in
				7:14B-16.3 shall meet the
				requirements of
				7:14B-16.5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 16 - CERTIFICATION OF INDIVIDUALS AND BUSINESS FIRMS FOR UNREGULATED UNDERGROUND STORAGE TANK SYSTEMS › Section 7:14B-16.2 - General requirements for certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No
				individual shall perform any service on unregulated heating oil tank systems
				unless the individual is certified under this subchapter or is working under
				the immediate, on-site supervision of a person certified in accordance with
				this subchapter.
(b) The Department
				shall issue a certification card to an individual meeting the requirements for
				certification pursuant to this subchapter. The certification card shall
				identify the duration and classification(s) for which the individual is
				certified to perform services. The certified individual shall make this
				certification card available to the Department or its authorized agent upon
				request.
(c) The Department shall
				issue a certificate to a business firm meeting the requirements for
				certification pursuant to this subchapter. The certificate shall identify the
				classification(s) for which the business firm is certified to perform services.
				The business firm shall conspicuously display the certificate for public review
				in the business office of the business firm. If a business firm maintains a
				business office at more than one location, a duplicate certificate, issued by
				the Department, shall be conspicuously displayed at each location.
(d) The owner and operator of an unregulated
				heating oil tank system shall ensure that all services performed on the
				unregulated heating oil tank system are performed by an individual or under the
				immediate, on-site supervision of an individual certified under N.J.A.C.
				7:14B-13 or under this subchapter, unless exempt pursuant to (n) below. If a
				certified individual is not present at the unregulated heating oil tank system
				site, the owner and operator shall suspend all activities in that
				classification of service.
(e)
				Except as provided in (n) below, no individual shall perform any service on an
				unregulated heating oil tank system unless:
1. The individual is a permanent employee at
				a business firm which is certified in the classification of service being
				performed and the individual is certified in the classification of service
				being performed; or
2. The
				individual is working under the immediate, on-site supervision of an individual
				certified in the classification of service being performed and both individuals
				are employed at the same business firm which is certified in the classification
				of service being performed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 16 - CERTIFICATION OF INDIVIDUALS AND BUSINESS FIRMS FOR UNREGULATED UNDERGROUND STORAGE TANK SYSTEMS › Section 7:14B-16.3 - Classifications of unregulated heating oil tank services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				individual or business firm may apply for certification in any one or more of
				the following classifications of unregulated heating oil tank system services:
1. Installation of unregulated heating oil
				tank systems including:
i. Entire unregulated
				heating oil tank system installation; and
ii. Unregulated heating oil tank system
				release detection monitoring installation;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 16 - CERTIFICATION OF INDIVIDUALS AND BUSINESS FIRMS FOR UNREGULATED UNDERGROUND STORAGE TANK SYSTEMS › Section 7:14B-16.4 - Application procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual
				who wishes to be certified in one or more of the classifications described in
N.J.A.C. 7:14B-16.3
, or if
				already certified, who wishes to add a classification of certification, or who
				wishes to renew the certification, shall apply on forms available from the
				Department at
http://www.nj.gov/dep/exams/ust.htm
.
				The information required to be submitted to the Department shall include the
				following:
1. The name and address of
				certification applicant;
2. The
				name and address of the employer of the certification applicant;
3. A history of experience documenting the
				qualification for certification as required at
				7:14B-16.5;
4. A listing of education and/or training
				completed demonstrating the fulfillment of the requirement for certification
				pursuant to
				7:14B-16.5;
5. A list of the categories of service being
				applied for; and
6. The issuance
				and expiration dates and New Jersey Professional Engineer's license number if
				the certification applicant is applying for an exemption from the
				examination.