reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 24 - ADDITIONAL REQUIREMENTS FOR CERTAIN STORMWATER DISCHARGES › Section 7:14A-24.3 - Petitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any operating
				entity for a municipal separate storm sewer system may petition the Department
				to require a separate NJPDES permit for any discharge into the municipal
				separate storm sewer system.
(b)
				Any person may petition the Department to require a NJPDES permit for a point
				source DSW which is composed entirely of stormwater which contributes to a
				violation of a surface water quality standard or is a significant contributor
				of pollutants to waters of the State.
(c) The owner of or operating entity for a
				municipal separate storm sewer system may petition the Department to reduce the
				Census estimates of the population served by such separate system or the
				population within an urbanized area to account for stormwater discharged to
				combined sewers as defined by
				40
				C.F.R. 35.2005(b)(11) that
				is treated in a publicly owned treatment works. In municipalities in which
				combined sewers are operated, the Census estimates of population may be reduced
				proportional to the fraction, based on estimated lengths, of the length of
				combined sewers over the sum of the length of combined sewers and municipal
				separate storm sewers where an applicant has submitted the NJPDES permit number
				associated with each discharge point and a map indicating areas served by
				combined sewers and the location of any combined sewer overflow discharge
				point.
(d) Any person may petition
				the Department for the designation of a large or medium municipal separate
				storm sewer system as defined by paragraph 4 of the definitions of "large
				municipal separate storm sewer system" or "medium municipal separate storm
				sewer system" in
				7:14A-1.2.
(e) The Department shall make a final
				determination on any petition received under this section within 90 days after
				receiving the petition, except as provided in (e)1 below.
1. For petitions under (a) or (b) above to
				require a NJPDES permit under
				7:14A-25.2(a)  for
				a stormwater discharge from a small MS4, the Department shall make a final
				determination on the petition within 180 days after its receipt.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 24 - ADDITIONAL REQUIREMENTS FOR CERTAIN STORMWATER DISCHARGES › Section 7:14A-24.5 - Requests for information about stormwater discharges associated with industrial activity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may, by written notice, request any person whom the Department has reason to
				believe may own or operate a facility with a "stormwater discharge associated
				with industrial activity" as defined in
				7:14A-1.2 to either:
1. Declare to the Department that person's
				intent to obtain a DSW permit for a "stormwater discharge associated with
				industrial activity";
2. Submit a
				"Permanent No Exposure Certification" form to the Department under
				7:14A-24.6; or
3. Provide other information to the
				Department that explains why, in that person's judgment, that person is not
				required to obtain, for property or operations owned or operated by that
				person, a DSW permit for a "stormwater discharge associated with industrial
				activity" as defined in
				7:14A-1.2. Such information may
				include:
i. Information about the nature,
				source, and location of the stormwater discharge from such property or
				operations; or
ii. Information
				concerning that person (for example, information explaining why that person
				does not have a duty under
				7:14A-4.2(c)  to
				obtain a NJPDES permit).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 24 - ADDITIONAL REQUIREMENTS FOR CERTAIN STORMWATER DISCHARGES › Section 7:14A-24.6 - "Permanent No Exposure" of industrial activities and materials to stormwater

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to the
				limitations and provisions in (g), (i) and (j) below, an operating entity for
				an industrial facility is excluded from the requirement to obtain a NJPDES DSW
				permit for discharge(s) composed entirely of stormwater if:
1. There is "Permanent No Exposure" of
				industrial materials and activities to rain, snow, snowmelt and/or runoff and
				runon discharged to surface water; and
2. The operating entity satisfies the
				conditions in (d) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 24 - ADDITIONAL REQUIREMENTS FOR CERTAIN STORMWATER DISCHARGES › Section 7:14A-24.9 - Monitoring requirements for certain stormwater discharges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For small
				municipal separate storm sewer systems, and for stormwater discharges
				associated with industrial activity or small construction activity that are not
				subject to an effluent limitation guideline that establishes monitoring
				requirements or numeric effluent limitations, monitoring requirements shall be
				established on a case-by-case basis depending upon the nature and effect of the
				discharge. The permittee shall be required to monitor such discharges in
				accordance with
				7:14A-11.2(a)2,
				or, at a minimum:
1. For small municipal
				separate storm sewer systems subject to
				7:14A-25.6 or 25.8, the permittee
				shall comply with the requirements for evaluation, recordkeeping, and reporting
				in 7:14A-25.6(j)  or
				25.8(i), respectively.
2. For
				stormwater discharges associated with industrial activity or small construction
				activity:
i. The permittee shall conduct an
				annual inspection of the facility to identify areas contributing to a
				stormwater discharge associated with industrial activity or small construction
				activity and evaluate whether measures to reduce pollutant loadings identified
				in a stormwater pollution prevention plan are adequate and properly implemented
				in accordance with the terms of the permit or whether additional control
				measures are needed;
ii. The
				permittee shall prepare a report summarizing the result of the annual
				inspection conducted under (a)2i above. This report shall be accompanied by an
				annual certification that the facility is in compliance with its stormwater
				pollution prevention plan and the permit, except that if there are any
				incidents of non-compliance, those incidents shall be identified in the
				certification. If there are incidents of non-compliance, the report shall
				identify the steps being taken to remedy the non-compliance and to prevent such
				incidents from recurring. The permittee shall maintain this report and
				certification for a period of at least five years from the date of the report.
				This period may be extended by written request from the Department at any time;
				and
iii. Such report and
				certification shall be signed by a person described in
				7:14A-4.9.
iv. Permittees that are not required to
				submit monitoring reports at least annually pursuant to this subsection shall
				report to the Department at least annually all instances of non-compliance not
				reported under
				7:14A-6.7, 6.8 and 6.10.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 25 - MUNICIPAL STORMWATER REGULATION PROGRAM › Section 7:14A-25.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				sets forth requirements applicable to the Municipal Stormwater Regulation
				Program, which regulates discharges to surface water and groundwater of
				stormwater from large, medium, and small municipal separate storm sewer
				systems.
(b) For purposes of this
				subchapter, "municipality" means a "municipality" as defined in the Municipal
				Land Use Law at
				40:55D-5, that is, any city,
				borough, town, township, or village.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 25 - MUNICIPAL STORMWATER REGULATION PROGRAM › Section 7:14A-25.3 - Assignment of municipalities to Tier A or Tier B

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				municipalities are assigned either to Tier A or to Tier B as follows:
1. An entire municipality is assigned to Tier
				A if that municipality:
i. Is located
				entirely or partially within an urbanized area as determined by the 2000
				Decennial Census by the Bureau of the Census or a subsequent and superseding
				Decennial Census, and has a population of at least 1,000 within an urbanized
				area as determined by that Census;
ii. Has a population density of at least
				1,000 per square mile, and a population of at least 10,000 as determined by
				that Census;
iii. Has a stormwater
				sewer system discharging directly into the salt waters of Monmouth, Ocean,
				Atlantic, or Cape May counties (using the N.J.A.C. 7:22A-1.4definitions of
				"stormwater sewer system" and "salt waters"). A municipality is deemed to have
				such a system if that municipality is one of the "Affected Municipalities"
				listed in N.J.A.C. 7:22A Appendix A, unless it is determined in response to a
				petition under N.J.A.C. 7:22A-3.2(b) or 4.9(b) that N.J.A.C. 7:22A Appendix A
				erroneously includes or omits the municipality;
iv. Requests Tier A assignment from the
				Department; or
v. Operates a
				stormwater discharge(s) identified under
				N.J.A.C.
				7:14A-25.2(a)4 (special
				designations), provided that the Department determines that such identification
				warrants assignment of the municipality to Tier A. In making this
				determination, the Department may consider the following with respect to the
				identified stormwater discharge(s) and to other stormwater discharge(s) from
				small MS4(s), if any, operated by the municipality: the location or size of the
				discharge from the small MS4(s), the quantity and nature of pollutants reaching
				the water of the State, the quality of the receiving waters, or other relevant
				factors.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 25 - MUNICIPAL STORMWATER REGULATION PROGRAM › Section 7:14A-25.4 - Deadlines to apply for NJPDES permits for small MS4s

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The deadline
				to apply for a NJPDES permit for all stormwater discharges identified under
				N.J.A.C.
				7:14A-25.2(a)  is March 3,
				2004, except as provided in (a)1 through 3 below.
1. If notice from the Department is received
				that a municipality has been reassigned from Tier B to Tier A, or that a
				special designation has been made under
				N.J.A.C.
				7:14A-25.2(a)4, the deadline
				is 180 days after receipt of that notice, unless the Department approves a
				later date.
2. The following is
				applicable to entities proposing new facilities or activities (for example, new
				small MS4s, or increasing the number of employees or students) that would
				result in any stormwater discharges identified under
				N.J.A.C.
				7:14A-25.2(a):
i. General permits for such discharges shall
				specify deadlines for submitting requests for authorization under such
				permits.
ii. Entities submitting an
				individual permit application for such discharges shall submit an application
				at least 180 days before the date on which the activity is proposed to commence
				(unless the Department approves a later date), or March 3, 2004, whichever is
				later.
3. Any entity
				planning to continue discharging from a small MS4 after the expiration date of
				its NJPDES permit for that discharge shall comply with
				N.J.A.C.
				7:14A-4.2(e)3. General
				permits for stormwater discharges from small MS4s shall provide for automatic
				renewal of authorization when those general permits are renewed (see
				N.J.A.C. 7:14A-4.2(e)3
				 and 6.13(d)9).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 25 - MUNICIPAL STORMWATER REGULATION PROGRAM › Section 7:14A-25.5 - Applying for a NJPDES permit for a small MS4

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All operating
				entities that are required under
				N.J.A.C.
				7:14A-25.2(a)  to apply for
				a NJPDES permit for stormwater discharges from small MS4s shall submit a
				request for authorization (RFA) under a general NJPDES permit in accordance
				with (a)1 below, or an application for an individual NJPDES permit under
				N.J.A.C.
				7:14A-25.9.
1. An operating entity seeking authorization
				under a general NJPDES permit shall submit to the Department a written RFA. The
				RFA shall include a certification acknowledging the best management practices
				and measurable goals specified in the general permit and required by
				N.J.A.C.
				7:14A-25.6, and shall also include
				information specified in the general permit in accordance with
				N.J.A.C.
				7:14A-6.13(d)2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 25 - MUNICIPAL STORMWATER REGULATION PROGRAM › Section 7:14A-25.7 - Sharing of responsibility to implement control measures for a small MS4

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A permittee may rely on another
				governmental, private, or nonprofit entity (for example, a watershed
				association) to satisfy the permittee's NJPDES permit obligations to implement
				one or more control measures (or component(s) thereof) for that permittee's
				small MS4 if:
1. The other entity, in fact,
				implements the measure(s), or component(s) thereof;
2. The particular measure(s), or component(s)
				thereof, is at least as stringent as the corresponding NJPDES permit
				requirement; and
3. The other
				entity agrees in writing (or is required by law) to implement the measure(s),
				or component(s) thereof, on the permittee's behalf. The permittee is
				responsible for compliance with the permittee's NJPDES permit obligations if
				the other entity fails to implement the measure(s), or component(s) thereof. In
				the annual reports the permittee must submit under
				N.J.A.C.
				7:14A-25.6(j)3, the
				permittee shall specify that it is relying on another entity to satisfy some of
				the permittee's NJPDES permit obligations. If the permittee is relying on
				another entity regulated under the NJPDES permit program to satisfy all of that
				permittee's NJPDES permit obligations, including that permittee's obligation to
				file annual reports required by
				N.J.A.C.
				7:14A-25.6(j)3, the
				permittee shall notify the Department of this reliance in writing, and shall
				also note this reliance in the permittee's SPPP.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 25 - MUNICIPAL STORMWATER REGULATION PROGRAM › Section 7:14A-25.8 - Tier B Municipal Stormwater General Permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				municipality that is assigned to Tier B under
				7:14A-25.3(a)2,
				and that operates a small MS4 that discharges to surface water or groundwater,
				shall apply for the Department's Tier B Municipal Stormwater General Permit
				(Tier B Permit). The Department shall make this general NJPDES permit available
				to Tier B municipalities throughout the State. This general permit is not in
				any respect a permit under section 402 of the Federal Act (
				33 U.S.C. §
										1342 ).
(b) The deadline for Tier B municipalities to
				apply for authorization under this general permit is March 3, 2004, except as
				provided in (b)1 and 2 below.
1. If a
				municipality receives notice from the Department that the municipality has been
				reassigned from Tier A to Tier B, the deadline is 90 days after receipt of that
				notice.
2. If the municipality does
				not operate a small MS4 on March 3, 2004, but is proposing to operate a new
				small MS4 after that date, the deadline is 90 days before the date on which
				operation is proposed to commence, or March 3, 2004, whichever is
				later.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 25 - MUNICIPAL STORMWATER REGULATION PROGRAM › Section 7:14A-25.9 - Individual NJPDES permit applications for small MS4s

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An operating
				entity that is subject to
				7:14A-25.5(a) 
				shall apply for an individual NJPDES permit under (c) or (d) below for
				stormwater discharges from small MS4s if:
1.
				An application is required pursuant to
				7:14A-2.4(c)  or
				6.13(e), in which case the Department shall specify whether (c) and/or (d)
				below is applicable; or
2. A
				general NJPDES permit applicable to the entity's small MS4 stormwater discharge
				is not available.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 25 - MUNICIPAL STORMWATER REGULATION PROGRAM › Section 7:14A-25.10 - Requirements for large and medium municipal separate storm sewer discharges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Application
				requirements for operating entities for discharges to surface water from large
				and medium municipal separate storm sewers are contained in
				40
				C.F.R. 122.26(d), which is
				incorporated into this chapter by reference. Also incorporated into this
				chapter by reference, for purposes of this subsection only, are the definitions
				at
				40
				C.F.R. 122.26(b)(5) and (6)
				of "major municipal separate storm sewer outfall" and "major outfall."
				References to a "NPDES permit" or "permit" in
				40
				C.F.R. 122.26(d) shall be
				understood to mean a NJPDES permit under this chapter, unless the context
				clearly indicates otherwise. References to an "illicit discharge" in
				40
				C.F.R. 122.26(d) shall be
				understood to mean an "illicit connection" as defined at
				7:14A-1.2. Any operating entity for
				a discharge under this subsection is exempt from the requirements of
				7:14A-4.3(a)11 
				and 15 through 24, (c) through (e) and 4.4(a) and (b)3 through 7.
(b) The operating entity for a large or
				medium municipal separate storm sewer system that discharges to surface water
				shall submit an annual report by the anniversary of the date of the issuance of
				the NJPDES permit for such system. The report shall include the information
				required under
				40
				C.F.R. 122.42(c), which is
				incorporated into this chapter by reference.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 1 - GENERAL INFORMATION › Section 7:14B-1.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall constitute the rules of the Department of
				  Environmental Protection for all underground storage tank facilities and
				  individuals and business firms regulated by
				  58:10A-21 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 1 - GENERAL INFORMATION › Section 7:14B-1.2 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall be construed so as to permit the
				  Department to implement its statutory functions and to effectuate the purposes
				  of the law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 1 - GENERAL INFORMATION › Section 7:14B-1.3 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter is promulgated for the
				following purposes:
1. To establish the
				Department's underground storage tank program;
2. To implement the registration requirements
				of the State Act;
3. To establish
				initial registration and annual renewal certification fees;
4. To implement the technical requirements of
				the State Act;
5. To implement the
				reporting requirements of the State Act;
6. To implement the corrective action
				requirements of the State Act;
7.
				To implement the permitting requirements for the State Act;
8. To implement the underground storage tank
				services certification requirements of the State Act;
9. To establish financial responsibility
				assurance requirements for remediation of discharged hazardous substances and
				compensating third parties for bodily injury and property damage caused by a
				discharge from an underground storage tank system;
10. To protect human health and the
				environment of the State by ensuring sound underground storage tank management
				and compliance with release detection monitoring, thereby preventing,
				controlling, remediating, and/or abating actual or potential ground water
				contamination;
11. To establish a
				certification program for individuals and business firms who provide certain
				services on regulated underground storage tank systems and unregulated heating
				oil tank systems pursuant to
N.J.S.A.
				58:10A-24
and this chapter;
				and
12. To establish classes of
				operators and training requirements for all Class A, B, and C operators of
				underground storage tank systems.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 1 - GENERAL INFORMATION › Section 7:14B-1.4 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter contains the requirements
				for the registration, operation, design, construction and installation,
				permitting, release reporting and investigation, remediation, and closure of
				underground storage tanks and underground storage tank systems that contain
				hazardous substances, as well as the requirements for certification of
				individuals and business firms performing services on underground storage tanks
				and underground storage tank systems and on unregulated heating oil tank
				systems.
(b) The following types of
				underground storage tank systems are exempt from the requirements of this
				chapter:
1. Farm or residential tanks of
				1,100 gallons or less capacity used for storing motor fuel for noncommercial
				purposes;
2. Tanks with a capacity
				of 2,000 gallons or less used to store heating oil for onsite consumption in a
				nonresidential building;
3. Tanks
				used to store heating oil for onsite consumption in a residential
				building;
4. Septic tanks installed
				in compliance with rules adopted by the Department pursuant to the Realty
				Improvement Sewerage and Facilities Act (1954),
				58:11-23 et seq.;
5. Pipelines, including gathering lines,
				regulated under the Natural Gas Pipeline Safety Act of 1968, 49 U.S.C.
				§§ 1678 et seq., the Hazardous Liquid Pipeline Safety Act of 1979, 49
				U.S.C. §§ 2001 et seq., or intrastate pipelines regulated under State
				law as approved by the Department;
6. Surface impoundments, pits, ponds,
				lagoons, storm water or wastewater collection systems operated in compliance
				with N.J.A.C. 7:14A-1 et seq.;
7.
				Liquid traps or associated gathering lines directly related to oil and gas
				production and gathering operations;
8. Tanks situated in an underground area
				including, but not limited to, basements, cellars, vaults, mines, drift shafts,
				or tunnels, if the storage tank is situated upon or above the surface of the
				floor;
9. Tanks situated in an
				underground area including, but not limited to, basements, cellars, vaults,
				mines, drift shafts, or tunnels if the storage tank is equipped with secondary
				containment, and is uncovered so as to allow visual inspection of the exterior
				of the tank;
10. Any pipes, lines,
				fixtures, or other related equipment connected to any tank exempted from the
				provisions of this chapter as set forth in (b)1 through 9 above, and 11 through
				15 below;
11. Flow-through process
				tanks;
12. Wastewater treatment
				tanks;
13. Electrical
				equipment;
14. Hydraulic lift
				tanks; and
15. Any UST system
				holding hazardous wastes listed or identified under Subtitle C of the Solid
				Waste Disposal Act, or a mixture of such hazardous waste and other regulated
				substances.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 1 - GENERAL INFORMATION › Section 7:14B-1.5 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any section, subsection, provision, clause or portion of
				  this chapter is adjudged unconstitutional or invalid by a court of competent
				  jurisdiction, the remainder of this chapter shall not be affected
				  thereby.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 1 - GENERAL INFORMATION › Section 7:14B-1.7 - Application certifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person
				making a submission to the Department pursuant to this chapter shall include
				the signatures and certification pursuant to (b) through (e) below.
(b) Any New Jersey professional engineer
				submitting plans in accordance with
				N.J.A.C.
				7:14B-10.3(b) 1 shall sign
				and submit to the Department the following certification:
"I certify under the penalty of law that the information
				  provided in this document is true, accurate and complete and is in conformance
				  with the requirements of this chapter. I am aware that there are significant
				  civil and criminal penalties for submitting false, inaccurate or incomplete
				  information, including fines and/or imprisonment."
(c) The owner and operator shall include in
				each document submitted in accordance with
N.J.A.C.
				7:14B-10.3(b)
9 the following certification signed by the licensed site
				remediation professional:
"I certify under penalty of law that I have reviewed the
				  plans for the proposed release detection monitoring system and this system is
				  appropriate for the underground storage tank system design and hazardous
				  substance stored and fulfills the monitoring requirements of N.J.A.C. 7:14B-6.
				  I am aware that there are significant civil and criminal penalties for
				  submitting false, inaccurate or incomplete information, including fines and/or
				  imprisonment."
(d) Any
				individual submitting documents in accordance with 7:14B-13.3(c) and 16.4(c)
				shall sign and submit to the Department the following certification:
"I certify under penalty of law that the information provided
				  in this document is true, accurate and complete. I am aware that there are
				  significant civil penalties for knowingly submitting false, inaccurate or
				  incomplete information and that I am committing a crime of the fourth degree if
				  I make a written false statement which I do not believe to be true. I am also
				  aware that if I knowingly direct or authorize the violation of any statute, I
				  am personally liable for the penalties."
(e) Any individual certified as a cathodic
				protection specialist or cathodic protection tester pursuant to
N.J.A.C.
				7:14B-13.2(a)
4,
				who submits a cathodic protection permit application in accordance with
N.J.A.C.
				7:14B-10.3(b)
5,
				shall sign, date, and submit to the Department the following certification:
"I certify under penalty of law that I have reviewed the
				  plans for the proposed cathodic protection system and this system is
				  appropriate for the underground storage tank system and fulfills the corrosion
				  protection requirements of N.J.A.C. 7:14B-4. I am aware that there are
				  significant civil and criminal penalties for submitting false, inaccurate or
				  incomplete information, including fines and/or imprisonment."
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 2 - REGISTRATION REQUIREMENTS AND PROCEDURES › Section 7:14B-2.1 - General registration requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner and
				each operator shall register each underground storage tank facility with the
				Department pursuant to
N.J.A.C.
				7:14B-2.2
, as follows:
1. At least 30 days prior to the use of an
				underground storage tank system installed after December 21, 1987;
				and
2. Prior to beginning any
				closure activities on an underground storage tank system if the tank is not
				identified on the facility's underground storage tank registration
				certificate.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 2 - REGISTRATION REQUIREMENTS AND PROCEDURES › Section 7:14B-2.3 - Change in ownership of a facility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An underground
				storage tank registration certificate is not transferable. Upon acquiring
				ownership, the owner and operator shall amend the facility registration by
				notifying the Department pursuant to
N.J.A.C.
				7:14B-2.2
.
(b) The facility owner shall notify the
				Department, in writing, at least 30 days prior to the sale or transfer of all
				or any portion of the facility, and shall provide the following:
1. Contact information of the current
				facility owner;
2. Contact
				information of the prospective facility owner;
3. The underground storage tank facility ID
				number;
4. The address of the
				facility;
5. The extent of the
				ownership to be sold or transferred; and
6. A date of sale or transfer, if
				available.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 2 - REGISTRATION REQUIREMENTS AND PROCEDURES › Section 7:14B-2.4 - Public access to registration information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				completed New Jersey Underground Storage Tank Facility Certification
				Questionnaires, as well as documented information pertaining to the
				registration, shall be considered public records pursuant to 47:1A-1 et
				seq.
(b) Interested persons shall
				request in writing an appointment to review the public records.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 2 - REGISTRATION REQUIREMENTS AND PROCEDURES › Section 7:14B-2.5 - UST registration certificate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner and
				operator shall prominently display a valid UST Registration Certificate at the
				facility or shall make the UST registration certificate available for
				inspection by any authorized local, State, or Federal representative.
(b) The owner and operator of more than 25
				separate facilities may request, in writing to the Director at the address set
				forth at
N.J.A.C.
				7:14B-2.2(b)
, that
				the Department mail the UST Registration Certificates of the multiple
				facilities to a single address. The owner and operator shall be responsible for
				ensuring that the UST registration certificates are then sent to the proper
				facilities.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 2 - REGISTRATION REQUIREMENTS AND PROCEDURES › Section 7:14B-2.6 - Denial or revocation of an UST registration certificate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department may, in its discretion, deny the issuance of or revoke an UST
				registration certificate upon its determination that the owner or an operator:
1. Submitted a New Jersey Underground Storage
				Tank Facility Certification Questionnaire that is incomplete, contains false or
				inaccurate information and/or is illegible;
2. Failed to enclose the applicable UST
				registration fee, pursuant to
N.J.A.C.
				7:14B-3.1
, with the New Jersey
				Underground Storage Tank Facility Certification Questionnaire;
3. Failed to comply with any requirement of
				the State Act or this chapter, or an order issued pursuant to the State Act or
				this chapter;
4. Failed to comply
				with
N.J.A.C. 7:26C-2.2(a)2
; or
5. Denied the Department or its
				authorized representative access to the system during any reasonable
				hour.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 3 - FEES › Section 7:14B-3.1 - Initial registration fee

Current through Register Vol. 56, No. 14, July 15, 2024
The owner and operator of a facility that has not been
				  previously registered with the Department shall submit a $ 200.00 initial
				  registration fee for each facility upon the initial registration of the
				  facility with the Department. This fee does not apply for any tanks added to a
				  facility with an existing UST registration certificate. The Department shall
				  issue an UST registration certificate only after receipt of the Initial
				  Registration Fee and completed New Jersey Underground Storage Tank Facility
				  Certification Questionnaire.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 3 - FEES › Section 7:14B-3.2 - Annual renewal certification fee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner and
				operator shall pay an annual renewal certification fee of $ 50.00 per UST
				facility for the one-year certification cycle, within the time frame the
				Department sets forth in an invoice.
(b) The owner and operator who failed to
				register the UST system and pay the necessary fees when initially required in
				1988 or when the tank system was installed, whichever is later, shall be
				responsible for paying all applicable renewal fees for the years the tank
				system was not closed in accordance with API Recommended Practice 1604, titled
				"Closure of Underground Petroleum Storage Tanks." Payment of these fees by the
				owner and operator does not restrict the Department from taking enforcement
				action against the owner, or operator, or both, pursuant to N.J.A.C.
				7:14B-12.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 3 - FEES › Section 7:14B-3.4 - Exemption from fees

Current through Register Vol. 56, No. 14, July 15, 2024
The Department will not assess a Registration or Facility
				  Certification fee for underground storage tank systems which have been
				  abandoned in place or removed prior to September 4, 1990.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 3 - FEES › Section 7:14B-3.5 - Program fees and oversight costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner and
				operator of an existing, former, or proposed underground storage tank system
				shall pay all required fees and costs pursuant to this chapter and shall:
1. Submit a separate fee for each activity at
				a facility which requires a permit or approval at the time the application is
				submitted. The owner and operator shall pay a separate fee for resubmissions of
				the same application when the application is disapproved due to technical
				deficiencies in the initial submittal;
2. Submit a separate fee for each
				application; and
3. Submit a
				separate fee for each facility where an activity occurs.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 3 - FEES › Section 7:14B-3.7 - Confidentiality claims

Current through Register Vol. 56, No. 14, July 15, 2024
Any person required to submit any information pursuant to
				  this chapter that, in the person's opinion, constitutes a trade secret or
				  proprietary or confidential information may assert a confidentiality claim by
				  following the procedures set forth in the Administrative Requirements for the
				  Remediation of Contaminated Sites at N.J.A.C. 7:26C-15.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 3 - FEES › Section 7:14B-3.9 - Payment of fees in installments

Current through Register Vol. 56, No. 14, July 15, 2024
Any fee under this subchapter that is subject to N.J.A.C.
				  7:1L shall be payable in installments in accordance with N.J.A.C. 7:1L.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 3 - FEES › Section 7:14B-3.10 - Fees for individual and business firm certification in underground storage tank management and unregulated heating oil tank services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The fee
				schedule for the certification of individuals and business firms pursuant to
				N.J.A.C. 7:14B-13 and 16 is as follows:
1.
Nonrefundable examination application fee
						(see
$ 50.00
(c) and (d) below)
2.
Certification for an individual (see (f)
						below)
$ 375.00
3.
Business firm certification (see (e)
						below)
$ 50.00
4.
Renewal of individual certification
$
						375.00
5.
Renewal of business firm
						certification
$ 50.00
6.
Amendment to individual certification card
						and
$ 30.00
certificate (see (g) below)
7.
Replacement of certification card or
						certificate
$ 30.00
(see (h) below)
8.
Duplicate certificate, as required by
						N.J.A.C.
$ 15.00
.
7:14B-13.1(c)
(b) Plumbing
				contractors engaged in installation, closure or testing of waste oil tanks and
				New Jersey Licensed Professional Engineers are exempt from the fees described
				in (a)1, 2, 4, 6 and 7 above.
(c)
				Individuals applying for the certification examination shall pay the
				nonrefundable $ 50.00 application fee per classification for which they apply.
				Each examination classification applied for after the initial certification
				shall require an additional nonrefundable $ 50.00 fee to accompany the
				examination application.
(d)
				Individuals failing examinations shall pay an additional nonrefundable $ 50.00
				fee for each subsequent application for each classification.
(e) Business firms applying for certification
				shall pay a single $ 50.00 filing fee per application, regardless of the number
				of classifications for which application is being made. Business firms applying
				for additional classifications after the original certification is issued shall
				pay an additional $ 50.00 application fee. The Department shall issue one
				certification per business firm regardless of the number of
				classifications.
(f) Individual
				applicants satisfying the certification requirements shall pay $ 375.00 for the
				certification or the renewal of the certification. The Department shall issue
				one certification per individual, including to those individuals being
				certified in multiple classifications. Individuals adding additional
				classifications after the original certification card is issued do not need to
				pay an additional $ 375.00 certification fee.
(g) Issuance of a new certification card or
				certificate required as a result of amendment to certification, shall result in
				a $ 30.00 fee to the individual.
(h) Issuance of a replacement certification
				card or certificate required as a result of loss shall result in a $ 30.00 fee
				to the individual or business firm.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 4 - UNDERGROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION AND INSTALLATION › Section 7:14B-4.1A - Performance standards for dispenser systems

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each UST system shall be equipped with
				under-dispenser containment (UDC) for any new dispenser system installed on or
				after April 11, 2016.
1. A dispenser system
				is considered new when both the dispenser and the equipment needed to connect
				the dispenser to the underground storage tank system are installed at an UST
				facility. The equipment necessary to connect the dispenser to the underground
				storage tank system includes check valves, shear valves, unburied risers or
				flexible connectors, or other transitional components that are beneath the
				dispenser and connect the dispenser to the underground piping.
2. Under-dispenser containment shall:
i. Be liquid-tight on its sides, bottom, and
				at any penetrations;
ii. Be
				compatible with the substance conveyed by the piping; and
iii. Allow for visual inspection and access
				to the components in the containment system, or be monitored for leaks from the
				dispenser system, in accordance with N.J.A.C. 7:14B-5.12(a)1 ii.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 4 - UNDERGROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION AND INSTALLATION › Section 7:14B-4.2 - Requirements for substantial modification or upgrade of an underground storage tank system

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any substantial modification or upgrade
				to an underground storage tank system, excluding field constructed tanks and
				airport hydrant systems regulated pursuant to N.J.A.C. 7:14B-4A, shall meet the
				following requirements:
1. The permit
				requirements at N.J.A.C. 7:14B-10, prior to initiating a substantial
				modification or upgrade to an underground storage tank system;
2. The underground storage tank system
				performance standards under
N.J.A.C.
				7:14B-4.1
; and
3. The requirements in sections (b) through
				(g) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 4 - UNDERGROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION AND INSTALLATION › Section 7:14B-4.3 - Installation requirements for partially regulated underground storage tank systems

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For
				purposes of this section, "partially regulated underground storage tank
				systems" means those underground storage tank systems identified at
N.J.A.C.
				7:14B-1.4(c)
.
(b) An owner and operator shall install a
				partially regulated underground storage tank system storing regulated
				substances (whether of single or double wall construction) that meets the
				following requirements:
1. Will prevent
				releases due to corrosion or structural failure for the operational life of the
				UST system;
2. Is cathodically
				protected against corrosion, constructed of non-corrodible material, steel clad
				with a noncorrodible material, or designed in a manner to prevent the release
				or threatened release of any stored substance in accordance with
N.J.A.C.
				7:14B-4.1(a)
1i
				through iv and (a)2i through iii; and
3. Is constructed or lined with material that
				is compatible with the stored substance in accordance with
N.J.A.C.
				7:14B-5.3
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 4A - FIELD-CONSTRUCTED TANKS AND AIRPORT HYDRANT SYSTEMS › Section 7:14B-4A.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this subchapter shall apply to
				  field-constructed tanks and airport hydrant systems, except as provided in
				  N.J.A.C. 7:14B-4A.2 and 16, Certification of Individuals and Business Firms for
				  Unregulated Underground Storage Tank Systems.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 4A - FIELD-CONSTRUCTED TANKS AND AIRPORT HYDRANT SYSTEMS › Section 7:14B-4A.2 - Installation, inspection, and release detection requirements specific to underground storage tank systems with field-constructed tanks and airport hydrant systems

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				owner and operator may use single-walled piping when installing or replacing
				piping associated with underground storage tank systems with field-constructed
				tanks greater than 50,000 gallons and piping associated with airport hydrant
				systems. Piping associated with underground storage tank systems with
				field-constructed tanks less than or equal to 50,000 gallons that are not part
				of an airport hydrant system shall comply with the requirements for secondary
				containment in accordance with
N.J.A.C.
				7:14B-4.1(a)
2iv,
				when installed or replaced.
(b) In
				addition to conducting walkthrough inspections in accordance with N.J.A.C.
				7:14B-5.12, the owner and operator shall include, at least once every 30 days,
				the following additional areas for airport hydrant systems inspections, if
				confined space entry according to the Occupational Safety and Health
				Administration (see 29 CFR Part 1910) is not required, or at least annually if
				confined space entry is required; and maintain records documenting the
				inspection according to N.J.A.C. 7:14B-5.12(c):
1. Visually check hydrant pits for any
				damage, remove any liquid or debris, and check for any leaks; and
2. Check hydrant piping vaults for any
				hydrant piping leaks.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14B - UNDERGROUND STORAGE TANKS › Subchapter 5 - GENERAL OPERATING REQUIREMENTS › Section 7:14B-5.1 - Spill and overfill control

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner and
				operator shall ensure the following:
1. There
				shall be no release of hazardous substance at an underground storage tank
				facility;
2. The available volume
				in an underground storage tank shall always be greater than the volume of
				hazardous substance being transferred to the tank; and
3. The transfer operation is monitored
				constantly to avoid spilling and overfilling.