Current through Register Vol. 56, No. 18, September 16, 2024
(a) Any person who owns or operates, or is
proposing to own or operate an underground storage tank system shall, except as
specified in (b) and (c) below:
1. Obtain a permit
from the Department prior to the repair, installation, substantial modification, or
upgrade of the underground storage tank system, or performance of an activity
specified in N.J.A.C. 7:14B-4, 4A, 5, and 6 requiring Department approval;
2. Obtain a construction permit issued pursuant to
the New Jersey Uniform Construction Code, N.J.A.C. 5:23, prior to
the repair, installation, or upgrade of an underground storage tank system;
and
3. Comply with the notification
requirements at N.J.A.C. 7:14B-10.1A.
(b) An owner and operator of an existing or
proposed underground storage tank system need not apply for a permit with the
Department, but shall provide notification pursuant to N.J.A.C. 7:14B-10.1A, when:
1. The underground storage tank and piping being
installed, upgraded or modified is or shall be upon completion of installation or
modification protected from corrosion, spills and overfills in accordance with
7:14B-4.1(a) or 4.2
and is secondarily contained and interstitially monitored in accordance with
7:14B-6.4(a)2;
2. The only portion of the tank system being
installed is the product piping and the piping is protected from corrosion in
accordance with 7:14B-4.1(a)2 and
designed and constructed to meet the following standards:
i. The piping operates at less than atmospheric
pressure;
ii. The piping is sloped so
that the contents of the pipe will drain back into the storage tank if the suction
is released;
iii. Only one check valve
is included in each suction line;
iv.
The check valve is located directly below and as close as practical to the suction
pump; and
v. A method is provided that
allows compliance with these requirements to be readily determined (for example, the
check valve can be viewed at the dispenser);
3. The only portion of the tank system being
installed is the product piping and the piping is protected from corrosion in
accordance with 7:14B-4.1(a) and is
secondarily contained and interstitially monitored in accordance with
7:14B-6.4(a)2;
4. The underground storage tank and piping being
installed, upgraded or modified is or shall be protected from corrosion, spills and
overfills in accordance with
7:14B-4.1(a) or 4.2
and the tank is secondarily contained and interstitially monitored in accordance
with 7:14B-6.4(a)2 and the
piping meets the requirements of (b)2i through v above; or
5. The only portion of the underground storage
tank system being installed is a spill catchment basin used for spill prevention
equipment, and the underground storage tank system is already protected from
corrosion and overfills in accordance with N.J.A.C. 7:14B-4.1(a)
or 4.2 and has release
detection in accordance with N.J.A.C. 7:14B-6. Prior to installation of the new
spill catchment basins, the owner and operator shall investigate the ground beneath
and around the fill ports for releases. The owner and operator shall report all
releases and conduct remediation in accordance with the requirements of N.J.A.C.
7:14B-7 and 8.
(c)
Installation of replacement appurtenant piping sections (new piping is placed where
the old piping was removed) shall not require a permit as long as the appurtenant
piping meets standards set forth in
7:14B-4.1(a) 2, the
entire length of piping from the dispenser to the tank is not being replaced, and
the installation does not affect the existing cathodic protection system.
Replacement of the entire length of piping from the dispenser to the tank shall
constitute a closure of piping and a new installation and require a permit in
accordance with (a) above unless it meets the conditions of (b) above.
(d) The Department shall not issue a permit as
required in (a)1 above unless the person who owns or operates or proposes to own or
operate the underground storage tank system provides evidence in the permit
application that the system shall include spill prevention, overfill prevention, and
corrosion protection in accordance with N.J.A.C.
7:14B-4.1(a) 1 through
3, and appropriate release detection monitoring in accordance with N.J.A.C. 7:14B-6.
Installations of underground storage tank systems shall include evidence that the
system is designed and constructed with secondary containment and interstitial
release detection monitoring pursuant to N.J.A.C. 7:14B-4.1(a)
as applicable.
(e) For the purposes of this subchapter only, the
following activities shall not constitute substantial modifications which require a
permit issued by the Department:
1. Installation
of vapor control systems required by N.J.A.C. 7:27-16, Control and Prohibition of
Air Pollution by Volatile Organic Substances;
2. Minor repairs which shall not:
i. Involve cutting the tank shell;
ii. Affect cathodic protection systems;
or
iii. Otherwise affect the storage,
capacity, physical configuration or integrity of the facility or its monitoring
system;
3. The installation
of an automatic line leak detector as required in
7:14B-6.2(a)2 i;
or
4. Any other activities which, upon
written determination by the Department, shall not affect storage capacity, physical
configuration, or the physical integrity of the facility or its monitoring
system.
(f) The owner and
operator shall maintain at the underground storage tank facility the site diagrams
and specifications required by N.J.A.C.
7:14B-10.3(b)
.
