N.J. Admin. Code § 5:23-3.11B

Current through Register Vol. 56, No. 17, September 3, 2024

Section 5:23-3.11B - Underground storage tank systems

(a) The installation, repair (other than "minor repair," as defined in 7:14B-10.5) , and closure (or "demolition") of underground storage tank systems, as defined in 7:14B-10.1, shall be controlled by the State Uniform Construction Code and by N.J.A.C. 7:14B-1 through 15.

(b) A DEP permit for the installation, repair or closure of an underground storage tank system that requires a DEP approval, or any part thereof, or an emergency permit granted pursuant to N.J.A.C. 7:14B, shall be a prior approval for any permit application submitted pursuant to the State Uniform Construction Code Act and these rules. Applicants installing secondarily contained systems for which no prior DEP approval is necessary shall be required to submit engineering drawings of the secondarily contained systems and to certify that the underground storage tank system meets all requirements of N.J.A.C. 7:14B.

(c) Construction code officials shall retain all penalty powers, as set forth in these rules, with respect to the installation, usage or closure (demolition) of underground storage tank systems and parts thereof in violation of the State Uniform Construction Code Act or these rules.

(d) The following types of underground storage tank systems requiring a construction permit are exempt from the requirements of N.J.A.C. 7:14B:

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 DEP pursuant to P.L. 1954, c.199 (58:11-23 et seq.);

5. Tanks situated in an underground area, including, but not limited to, basements, cellars, mines, drift shafts, or tunnels, if the storage tank is situated upon or above the surface of the floor;

6. Tanks situated in an underground area, including, but not limited to, basements, cellars, 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;

7. Wastewater treatment tanks;

8. Electrical equipment;

9. Hydraulic lift tanks; and

10. Any pipes, lines, fixtures, or other equipment connected to any tank exempted from the provisions of N.J.A.C. 7:14B as set forth in (b)1 to 9 above.

N.J. Admin. Code § 5:23-3.11B

New Rule, R.1990 d.562, effective 11/19/1990.
See: 22 New Jersey Register 2629(c), 22 New Jersey Register 3482(d).
Amended by R.1997 d.409, effective 10/6/1997.
See: 29 New Jersey Register 2736(a), 29 New Jersey Register 4281(a).
In (d)3, deleted maximum capacity for tanks of 2000 gallons.
Amended by R.1998 d.332, effective 7/6/1998.
See: 30 New Jersey Register 1377(a), 30 New Jersey Register 2421(b).
In (d)3, deleted "with a capacity of 2000 gallons or less" following "Tanks".