N.J. Admin. Code § 7:26B-5.3

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:26B-5.3 - Regulated underground storage tank waiver

(a) The owner or operator may, upon submittal of the notice required pursuant to 7:26B-3.2(a), apply to the Department for a regulated underground storage tank waiver in accordance with (c) below.

(b) The Department's approval of a regulated underground storage tank waiver application authorizes the owner or operator to close operations or transfer ownership or operations of an industrial establishment prior to the issuance of a final remediation document or prior to a licensed site remediation professional's certification of a remedial action workplan, and without the submittal of a remediation certification if the only areas of concern or the only discharges at the industrial establishment are from an underground storage tank or tanks regulated pursuant to 58:10A-21 et seq. and N.J.A.C. 7:14B.

(c) To apply for a regulated underground storage tank waiver, the owner or operator shall submit a completed ISRA Alternate Compliance Option Application, available on the Department's website at www.nj.gov/dep/srp/srra/forms, certified in accordance with 7:26B-1.6, to the Department, at the address provided at 7:26B-1.5, which includes the following:

1. The name and location of the site, including street address, city or town, municipality, county, zip code, tax block and lot numbers of the site and the ISRA case number;

2. A preliminary assessment report that demonstrates that the only area of concern at the industrial establishment is an underground storage tank or tanks as defined pursuant to 58:10A-22 and N.J.A.C. 7:14B or a preliminary assessment and site investigation report which demonstrates that the only discharged hazardous substances or hazardous wastes at the industrial establishment or that has migrated offsite, above the applicable remediation standards, are from a discharge from that underground storage tank or tanks;

3. A certification by the owner or operator of the industrial establishment that the owner or operator is in compliance with the provisions of 58:10A-21 et seq., N.J.A.C. 7:14B, N.J.A.C. 7:26C and N.J.A.C. 7:26E for all underground storage tanks at the industrial establishment that are covered by that act;

4. A copy of proof of financial responsibility pursuant to N.J.A.C. 7:14B-15; and

5. Payment of all applicable fees required pursuant to N.J.A.C. 7:26C-4.

(d) The owner or operator shall be deemed in compliance with the provisions of 58:10A-21 et seq. and N.J.A.C. 7:14B as it relates to the subject discharge of a hazardous substance or hazardous waste from an underground storage tank, if the owner or operator has been issued an order by, or has entered into an agreement with the Department to remediate that discharge and the owner or operator is in compliance with that order or agreement.

(e) The owner or operator:

1. May close operations or transfer ownership or operation of an industrial establishment upon receipt of the Department's written approval of the regulated underground storage tank waiver application; or

2. Shall remediate the industrial establishment in accordance with this chapter and the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C, if the Department disapproves the regulated underground storage tank waiver application.

N.J. Admin. Code § 7:26B-5.3

Special amendment, R.2009 d.361, effective 11/4/2009 (to expire May 4, 2011).
See: 41 N.J.R. 4467(a).
In (c)3, deleted "and" from the end; added new (c)4; and recodified former (c)4 as (c)5.
Readoption of special amendment, R.2011 d.251, effective 9/8/2011.
See: 43 N.J.R. 1077(a), 43 N.J.R. 2581(b).
Provisions of R.2009 d.361 readopted without change.
Amended by R.2012 d.095, effective 5/7/2012.
See: 43 N.J.R. 1935(a), 44 N.J.R. 1339(b).
Rewrote (b), the introductory paragraph of (c), and (c)3 and (e); and in (c)5, updated the N.J.A.C. reference.