N.J. Admin. Code § 7:14B-9.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:14B-9.2 - Closure requirements for underground storage tank systems

(a) The owner and operator who intends to close the underground storage tank system shall:

1. Ensure that the facility is registered as required by N.J.A.C. 7:14B-2.2. If the facility is not registered as required by N.J.A.C. 7:14B-2.2, the owner and operator shall register the facility by submitting a completed New Jersey Underground Storage Tank Facility Certification Questionnaire with the appropriate fee as specified by N.J.A.C. 7:14B-3.2(b) and 3.5 prior to initiating closure. The owner and operator shall not close any tank(s) located at the facility unless the facility is properly registered with the Department.

2. At least 14 calendar days prior to the anticipated closure date, notify the Department of the intent to close the underground storage tank by logging on to the NJDEP Online service via either the myNewJersey Portal at www.nj.gov or directly from njdeponline.com, selecting the underground storage tank notice of intent to close in the Service Selection section of the My Workspace screen, and completing and submitting the form. This notification shall include the following information:

i. The facility registration number;

ii. A statement as to whether the tank system is being removed or abandoned in place;

iii. The date the underground storage tank system is to be closed;

iv. The certification number of the business firm performing the closure activities required pursuant to N.J.A.C. 7:14B-13 and the license number of the licensed site remediation professional performing remediation; and

v. Any additional information of the person submitting the notification as required by the Department in order that the closure shall be performed in accordance with this chapter;

3. Provide a copy of the Department's approval of the notice of intent to close the tank, which is automatically generated upon submission of the online notification pursuant to (a)2 above, to each of the following:

i. The applicable municipal and county health departments at least 14 calendar days prior to the anticipated closure date; and

ii. The applicable local authority with the application for a local demolition permit;

4. Comply with all applicable requirements of the New Jersey Uniform Construction Code, N.J.A.C. 5:23; and

5. If any contamination is detected above any applicable remediation standard, conduct the remediation pursuant to the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C, except as provided in N.J.S.A. 58:10B-13e.

(b) The owner and operator who intends to close an underground storage tank containing hazardous substances which are not hazardous wastes or an underground storage tank containing hazardous waste which is exempt from the requirements of the New Jersey Hazardous Waste Regulations, N.J.A.C. 7:26G, shall implement a closure plan which consists of a site investigation set forth at N.J.A.C. 7:26E-3.3 and a tank decommissioning plan which includes the procedures pursuant to (d) through (f) below, as applicable. The owner and operator shall keep the closure plan at the facility and make it available for inspection by the Department, the local construction code enforcement official, or a county or municipal health official.

(c) The owner and operator who intends to close an underground storage tank containing hazardous waste regulated pursuant to the Hazardous Waste rules, N.J.A.C. 7:26G, shall follow the closure procedures in the Hazardous Waste rules, at N.J.A.C. 7:26G-8.

(d) The owner and operator shall close an underground storage tank pursuant to the American Petroleum Institute Recommended Practice 1604, "Closure of Underground Petroleum Storage Tanks" in publication at the time the tank is to be closed (available from the American Petroleum Institute, 1220 L Street Northwest, Washington, DC 20005), incorporated herein by reference, and shall:

1. Examine the secured tank for holes and call the Department Hotline at 1-877 WARNDEP or (877) 927-6337 if any holes are discovered and/or a discharge has been confirmed pursuant to 7:14B-7.3, unless the discharge from the tank was previously reported to the Department; and

2. Remove the tank from the site according to all applicable laws and regulations.

(e) The owner and operator may abandon an underground storage tank in place if no contamination is detected above applicable remediation standards or if removal is not feasible by:

1. Submitting to the Department a statement, signed and certified by a licensed New Jersey professional engineer, that explains why removal is not feasible;

2. Following the procedures at (d)1 above, draining the associated piping, pumping out the tanks, and thoroughly cleaning the system, being sure to ameliorate any health and safety concerns due to any vapors that may be in the tank atmosphere during the tank cleaning and abandonment operation;

3. Inspecting the tank interior and documenting any areas of questionable integrity, including, without limitation, any cracks or corrosion, or evidence of discharge. Photographs may be submitted to document that the integrity of the system has been breached, if the evidence is clearly visible in the photograph;

4. Decommissioning the tank system, including all fill pipes, by completely filling the tank system with sand, cement or other inert material with similar physical/chemical properties;

5. Removing all fill pipes to a depth of a minimum of one foot below ground surface; and

6. Complying with all local ordinances.

(f) If the underground storage tank is located under a permanent structure or is physically inaccessible, or a certification, signed and sealed by a licensed New Jersey professional engineer, is submitted stating that the sampling requirements for site investigations at N.J.A.C. 7:26E-3.3 will cause damage to the structure, the owner and operator may use an alternate method for determining the integrity of the tank, provided that it is documented pursuant to N.J.A.C. 7:26E-1.7.

(g) The following cleaning procedures may be used to comply with (d) through (f) above:

1. American Petroleum Institute Standard 2015, "Safe Entry and Cleaning of Petroleum Storage Tanks, Planning and Managing Tank Entry from Decommissioning through Recommissioning" (available at www.api.org);

2. American Petroleum Institute Recommended Practice 2016, "Guidelines and Procedures for Entering and Cleaning Petroleum Storage Tanks"(available at www.api.org);

3. American Petroleum Institute Recommended Practice RP 1631, "Interior Lining and Periodic Inspection of Underground Storage Tanks" (available at www.api.org);

4. National Fire Protection Association Standard 326, "Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair" (available at www.nfpa.org); and

5. National Institute for Occupational Safety and Health Publication 80-106, "Criteria for a Recommended Standard: Working in Confined Space" (available at http://www.cdc.gov/niosh/docs/80-106/).

N.J. Admin. Code § 7:14B-9.2

Amended by 50 N.J.R. 409(a), effective 1/16/2018