N.J. Admin. Code § 7:13-12.18

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:13-12.18 - Requirements for the placement, storage, or processing of hazardous substances

(a) This section sets forth specific requirements that apply to the proposed placement, storage, or processing of hazardous substances in any regulated area, which is not associated with the investigation, cleanup, or removal of hazardous substances pursuant to N.J.A.C. 7:13-12.17.

(b) A lawfully existing facility established on or before November 5, 2007, may be eligible to place, store, or process hazardous substances under permit-by-rule 52 for the placement, storage, or processing of hazardous substances at N.J.A.C. 7:13-7.52, provided the size or capacity of the facility is not increased. In addition, the placement of a fuel or storage tank may be authorized in certain circumstances under permit-by-rule 22 for the construction of a fuel tank at N.J.A.C. 7:13-7.22 or general permit 8 for the placement of storage tanks at N.J.A.C. 7:13-9.8. All other placement, storage, or processing of hazardous substances in a regulated area is subject to this section.

(c) The Department shall issue an individual permit for the placement, storage, or processing of hazardous substances in a regulated area only if the following requirements are satisfied:

1. Hazardous substances are not placed, stored, or processed in a floodway;

2. The placement, storage, or processing of hazardous substances is necessary for the normal conduct of a facility, which is operating in compliance with all Federal, State, and local requirements. The individual permit application shall include copies of all relevant State permits, licenses, and authorizations in order to demonstrate that the facility is operating lawfully;

3. The applicant demonstrates that the hazardous substances cannot feasibly be placed, stored or processed outside the flood hazard area and riparian zone onsite;

4. The hazardous substances to be placed, stored, or processed onsite are isolated from floodwaters by constructing flood-resistant berms around the substances, or by situating the substances within a flood-resistant containment area, so that in the event of a flood, the hazardous substances will not be transported offsite by floodwaters;

5. The applicant discloses the maximum volume of hazardous substances to be placed, stored, or processed in the flood fringe and includes this volume in calculating the maximum flood storage displacement volume on site pursuant to N.J.A.C. 7:13-11.4; and

6. The Department determines that the placement, storage or processing of hazardous substances in the flood hazard area and riparian zone will not pose a threat to the environment or to public health, safety or welfare.

N.J. Admin. Code § 7:13-12.18

Amended and recodified from 7:13-11.17 by 48 N.J.R. 1067(a), effective 6/20/2016