N.J. Admin. Code § 7:1E-4.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:1E-4.3 - Discharge cleanup and removal plan

(a) The owner or operator of a major facility shall appoint a response coordinator.

(b) The owner or operator of a major facility shall prepare and implement a DCR plan containing, at a minimum, the following information, in the following order or indexed to this order:

1. The name, title and 24-hour business telephone number of the facility's response coordinator or other person authorized to hire contractors and release funds for discharge response, containment, cleanup and removal. A response coordinator or alternate shall be available at all times;

2. The chain of command for an emergency response action;

3. Notification procedures, pursuant to N.J.A.C. 7:1E-5;

4. Provisions for an annual simulated emergency response drill to determine the currency and adequacy of, and personnel familiarity with, the emergency response action plan and this DCR plan. This drill shall be critiqued in writing and that critique retained pursuant to the recordkeeping requirements at 7:1E-2.15. The drill shall be based on different scenarios from year to year in order to address all anticipated emergency response scenarios at the facility and cannot be of the same type, such as a table top drill, in consecutive years. When possible, this annual drill can be combined with other required emergency response drills;

5. A list of types and minimum quantities of containment and removal equipment and materials to which the facility has access through ownership, contract or others means, including, but not limited to, vehicles, vessels, pumps, skimmers, booms, chemicals, and communications devices, and indicating if access is through ownership, contract or other means. Each major facility shall have available to it, by ownership or by arrangement with a discharge cleanup organization, adequate equipment to clean up any discharge that may occur at the facility. A copy of all current contracts or agreements between the owner or operator and a discharge cleanup organization for emergency response service shall be maintained at the facility or with the facility's registered agent, as appropriate, and shall be available to the Department for review upon request;

6. A list of the trained personnel who are available to operate such equipment and a brief description of their qualifications, and whether personnel are employed at the facility or by a discharge cleanup organization. Each major facility shall have available to it, by ownership or by arrangement with a discharge cleanup organization, adequate personnel to clean up any discharge that may occur at the facility. In lieu of supplying a list of names, the owner or operator may supply a list of job titles of employees who will be assigned to operate containment and removal equipment, and a statement of the minimum qualifications that will be required of each employee so assigned;

7. On-site response measures, including response to leaks, and the types and sizes of discharges that facility personnel will respond to;

8. Off-site response measures, including:

i. Identification of and protection and mitigation measures for off-site residential, environmentally sensitive, or other areas prioritized based on use, seasonal sensitivity, or other relevant factors. The mapping required by 7:1E-4.2(b)8 and 9 may serve as the identification;

ii. Provisions for an environmental assessment of the impact of any discharge; and

iii. A certification pursuant to 7:1E-4.11(f), by a marine biologist or ecologist or freshwater equivalent and ornithologist acceptable to the Department;

9. Procedures for determining the recycling or disposal options for hazardous substances or contaminated soil, debris, and so forth, gathered during housekeeping or cleanup and removal activities;

10. A copy of a current agreement with the local emergency planning committee or committees that coordinates the emergency responses of the parties to the agreement; and

11. All financial responsibility documents required pursuant to 7:1E-4.4 in accordance with 7:1E-4.4(e) or Appendix B.

N.J. Admin. Code § 7:1E-4.3

Recodified from 7:1E-4.4 and amended by R.1996 d.462, effective 10/7/1996.
See: 28 N.J.R. 2730(a), 28 N.J.R. 4424(b).
Former N.J.A.C. 7:1E-4.3, "Discharge prevention, containment and countermeasure plans", recodified to 7:1E-4.2.
Amended by R.2001 d.355, effective 10/1/2001.
See: 33 N.J.R. 1255(a), 33 N.J.R. 3518(a).
In (a)9, substituted "a current" for "an" preceding "agreement".
Amended by R.2007 d.93, effective 4/2/2007.
See: 38 N.J.R. 4285(a), 39 N.J.R. 1253(a).
Rewrote the section.