N.J. Admin. Code § 7:14B-9.1

Current through Register Vol. 56, No. 23, December 2, 2024

Section 7:14B-9.1 - Out-of-service underground storage tank systems

(a) The owner and operator of an underground storage tank system that is out-of-service shall:

1. Submit an amended New Jersey Underground Storage Tank Facility Certification Questionnaire, pursuant to N.J.A.C. 7:14B-2.1(b) 7, within seven calendar days after the underground storage tank system is placed out-of-service. The information shall include:

i. The location of the underground storage tank facility;

ii. The underground storage tank facility registration number;

iii. The underground storage tank number; and

iv. A description of the activity being performed.

2. Remain in compliance with all applicable environmental rules, including N.J.A.C. 7:14B-7, the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C, and the Technical Requirements for Site Remediation, N.J.A.C. 7:26E;

3. Maintain release detection monitoring in accordance with 7:14B-6.1 and 6.2 or 6.1 and 6.3;

4. Maintain all existing corrosion protection systems pursuant to 7:14B-4.1, 4.2 and 5.2;

5. Install spill and overfill prevention and corrosion protection in accordance with the requirements of 7:14B-4.1 and 4.2 for systems which do not have these.

(b) The owner and operator of an underground storage tank system which is out-of-service for a period greater than or equal to three months shall follow the guidelines in the American Petroleum Institute Publication 1604, "Closure of Underground Petroleum Storage Tanks" titled "Temporarily Out-of-Service," incorporated herein by reference, as amended and supplemented, no later than the end of the third month in which the system is out-of-service.

(c) The owner and operator of an underground storage tank system that has secondary containment may request that the underground storage tank system remain out-of-service for a period of more than 12 months without having to close the tank system as required in (d) below by:

1. Submitting to the Department a site investigation report prepared by a licensed site remediation professional in accordance with the Administrative Requirements for the Remediation of Contaminated Sites, at 7:26C-2.3, and the Technical Requirements for Site Remediation, at 7:26E-3.3(b) and 3.13, at least 30 calendar days prior to the expiration of the 12-month period referenced in (c) above; or

2. Submitting documentation at least 30 calendar days prior to the expiration of the 12-month period referred to in (c) above indicating that the requirements of (a)3 above have been completed and that:

i. The system has had a release detection monitoring system operated in accordance with N.J.A.C. 7:14B-6.1 through 6.6 indicating that no discharge of hazardous substances has occurred during the operational life of the system or since the performance of a site investigation or remedial investigation performed in accordance with the provisions of the Technical Requirements for Site Remediation, N.J.A.C. 7:26E; and

ii. Corrosion protection is being operated and maintained and shall continue to be operated and maintained in accordance with N.J.A.C. 7:14B-5.2 during the out-of-service period. If the corrosion protection is an impressed current cathodic protection (ICCP) system, the owner and operator must also demonstrate that the ICCP system has been inspected at least every 60 days, and will continue to be inspected at least every 60 days to verify that the system is on and working properly while the tank is out of service.

(d) Except as set forth in (c) above, any underground storage tank system that is out of service for more than 12 months shall be closed in accordance with N.J.A.C. 7:14B-9.2.

(e) The owner and operator intending to put an out-of-service underground storage tank system back into service shall:

1. Submit an amended New Jersey Underground Storage Tank Facility Certification Questionnaire pursuant to N.J.A.C. 7:14B-2, at least 30 calendar days prior to introducing product into the underground storage tank system, including documentation that corrosion protection was operated and maintained in accordance with (c)2ii above and N.J.A.C. 7:14B-5.2 during the out-of-service period; and

2. The New Jersey Underground Storage Tank Facility Certification Questionnaire shall include a statement from a certified installer, pursuant to N.J.A.C. 7:14B-13, certifying that the system is properly designed and capable of being put back into service in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory or in accordance with the manufacturer's instructions.

N.J. Admin. Code § 7:14B-9.1

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