N.J. Admin. Code § 7:1E-4.5

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

Section 7:1E-4.5 - Preparation and submission of plans

(a) The owner or operator of a major facility shall prepare a DPCC plan and a DCR plan in accordance with 7:1E-4.2 and 4.3. The DPCC and DCR plans shall be prepared and submitted as a single document.

(b) The owner or operator of an existing major facility shall submit a DPCC plan and a DCR plan, certified pursuant to 7:1E-4.11, to the Department at the address in (h) below. Such plans shall be submitted no later than the following dates:

1. By February 1, 1992, all facilities with a storage capacity for hazardous substances of all kinds of at least 300,000 gallons, but less than one million gallons;

2. By August 1, 1992, all facilities with a storage capacity for hazardous substances of all kinds of at least one million gallons, but less than four million gallons;

3. By February 1, 1993, all facilities with a storage capacity for hazardous substances of all kinds of four million gallons or greater;

4. By August 1, 1993, all facilities with a storage capacity for hazardous substances other than petroleum or petroleum products of at least 80,000 gallons, but less than 200,000 gallons, or for hazardous substance of all kinds of at least 200,000 gallons, but less than 300,000 gallons;

5. By February 1, 1994, all facilities with a storage capacity for hazardous substances other than petroleum or petroleum products of at least 40,000 gallons, but less than 80,000 gallons; and

6. By August 1, 1994, all facilities with a storage capacity for hazardous substances other than petroleum and petroleum products of at least 20,000 gallons, but less than 40,000 gallons.

(c) If a facility becomes a major facility because of the addition of a substance to the list of hazardous substances in Appendix A, the owner or operator shall submit a DPCC and DCR plan, certified pursuant to 7:1E-4.11, to the Department at the address in (g) below, no more than 180 days from the effective date of the addition to Appendix A.

(d) The owner or operator of a new major facility or of an existing facility that plans to increase its storage capacity to such an extent that it meets the definition of a major facility shall submit a DPCC plan and a DCR plan, certified pursuant to 7:1E-4.11, to the Department at the address in (g) below at least 180 days prior to the anticipated operational date of the facility as a major facility. The owner or operator shall receive approval and implement the approved plans prior to operating the facility as a major facility.

(e) Within 60 calendar days of receipt of a DPCC and a DCR plan, the Department shall notify the owner or operator in writing as to whether all information required by (a) above to begin technical review of the plans has been submitted. A list of additional information required will be included if the plans are deemed incomplete.

(f) Unless time is extended by the Department for good cause shown, such additional information as outlined in this subchapter as the Department may require shall be submitted within 30 days of receipt of the Department's request. If additional information requested by the Department is not submitted within the 30-day period, the Department may deny approval of the plan without prejudice to resubmission.

(g) One copy of a DPCC and DCR plan, which must include an original certification pursuant to 7:1E-4.11, shall be submitted to the Department for approval. Within 30 days of receipt of approval pursuant to 7:1E-4.6, a second copy of the approved DPCC and DCR plan shall be submitted to the Department. Copies shall be sent to:

Bureau of Release Prevention

New Jersey Department of Environmental Protection

P.O. Box 420, Mail Code 22-03D

Trenton, New Jersey 08625-0420

Attention: Plan Submittal

N.J. Admin. Code § 7:1E-4.5

Petition for Rulemaking: Seeking to extend deadline for submitting maps.
See: 24 N.J.R. 1122(d).
Amended by R.1996 d.252, effective 6/3/1996.
See: 27 N.J.R. 2337(a), 27 N.J.R. 2882(a), 28 N.J.R. 2858(a).
Recodified from 7:1E-4.6 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-4.5, "Financial responsibility", recodified to 7:1E-4.4.
Amended by R.2000 d.352, effective 8/21/2000.
See: 31 N.J.R. 3561(a), 32 N.J.R. 3091(a).
Amended by R.2007 d.93, effective 4/2/2007.
See: 38 N.J.R. 4285(a), 39 N.J.R. 1253(a).
Rewrote (d); deleted former (e); recodified former (f) through (h) as (e) through (g); in (f), inserted "for good cause shown"; and in (g), substituted "and" for "or" two times, and substituted "Release" for "Discharge" in the address.
Administrative correction.
See: 39 N.J.R. 1710(b).
Administrative correction and change.
See: 46 N.J.R. 438(a).