Current through Register Vol. 56, No. 18, September 16, 2024
(a) The
Department may deny, suspend, revoke, or refuse to renew a certification issued
pursuant to this subchapter, for any of the following:
1. A violation, or abetting another to commit a
violation of any provision of this subchapter, the Heating Oil Tank System
Remediation Rules, N.J.A.C. 7:26F, the Technical Requirements for Site Remediation,
N.J.A.C. 7:26E, the Administrative Requirements for the Remediation of Contaminated
Sites, N.J.A.C. 7:26C, the Spill Compensation and Control Act,
N.J.S.A. 58:10-23.11et
seq., the Water Pollution Control Act,
N.J.S.A. 58:10A-1et seq.,
the Underground Storage of Hazardous Substances Act,
N.J.S.A.
58:10A-21et seq., or of an order issued pursuant
to any of these acts;
2. Making a false,
inaccurate, or incomplete statement on an application for certification or other
information required by the Department pursuant to this subchapter, the Heating Oil
Tank System Remediation Rules, N.J.A.C. 7:26F, the Technical Requirements for Site
Remediation, N.J.A.C. 7:26E, the Administrative Requirements for the Remediation of
Contaminated Sites, N.J.A.C. 7:26C, the Spill Compensation and Control Act,
N.J.S.A. 58:10-23.11et
seq., the Water Pollution Control Act,
N.J.S.A. 58:10A-1et seq.,
the Underground Storage of Hazardous Substances Act,
N.J.S.A.
58:10A-21et seq., or of an order issued pursuant
to any of these acts;
3.
Misrepresentation or the use of fraud in obtaining certification or performing
unregulated heating oil tank services;
4. Failure to attend a Department approved course
on the regulations as required pursuant to
7:14B-16.7(b);
5. Performing tank services on unregulated heating
oil underground storage tank systems without obtaining appropriate permits or
approvals from State, Federal and local agencies; or
6. Any other violation of this subchapter, the
Heating Oil Tank System Remediation Rules, N.J.A.C. 7:26F, the Technical
Requirements for Site Remediation, N.J.A.C. 7:26E, the Administrative Requirements
for the Remediation of Contaminated Sites, N.J.A.C. 7:26C, the Spill Compensation
and Control Act,
N.J.S.A. 58:10-23.11et
seq., the Water Pollution Control Act,
N.J.S.A. 58:10A-1et seq.,
the Underground Storage of Hazardous Substances Act,
N.J.S.A.
58:10A-21et seq., or of an order issued pursuant
to any of these acts.
(b)
Within 20 calendar days after receipt of notification of the Department's intent to
suspend, revoke, deny, or refuse to renew a certification, the applicant or
certificate holder may request an adjudicatory hearing pursuant to
N.J.A.C. 7:14B-12.2.
(c) The Department may order the certificate
holder to cease operations pending the outcome of the adjudicatory hearing if the
Department has reason to believe that a condition exists that poses an imminent
threat to the public health, safety or welfare.
(d) Suspension, revocation, denial, or refusal to
renew a certification shall not bar the Department from pursuing any other lawful
remedy available to the Department against the applicant or certificate
holder.
(e) Any business firm or person
whose certification is revoked shall be ineligible to apply for certification for
three years from the date of the revocation. Reapplication shall be for initial
certification as per this subchapter.
