Current through Register Vol. 56, No. 24, December 18, 2024
(a) To
apply for, renew, or amend an UST registration in accordance with
N.J.A.C.
7:14B-2.1, the owner and each operator shall
fully and accurately complete a single New Jersey Underground Storage Tank
Facility Certification Questionnaire, using the most recent version available
from the Department at www.nj.gov/dep/srp/forms/ust.
(b) The owner and each operator shall submit
the completed New Jersey Underground Storage Tank Facility Certification
Questionnaire with required certification forms or attachments, as applicable,
to the Department at the following address:
New Jersey Department of Environmental Protection
Site Remediation Program and Waste Management
Bureau of Case Assignment and Initial Notice
Mail Code 401-05H
401 East State Street, 5th floor
PO Box 420
Trenton, New Jersey 08625-0420
http://www.nj.gov/dep/srp/bust
(c) The owner and each operator shall supply
the following information on the New Jersey Underground Storage Tank Facility
Certification Questionnaire:
1. The UST
facility name, the facility ID number, location, and municipal tax block(s) and
lot(s);
2. The name and contact
information of the owner of the real property on which the facility is
located;
3. The name and contact
information of the facility owner. If the owner is a corporation, a limited
liability company, a partnership, a limited partnership, or other form of
business, the New Jersey Business Entity ID number, the date of the original
business formation and/or registration filed with the State, the type of
business entity, and the name and contact information of the corporate officer,
partner, or other person with primary decision making authority regarding the
facility;
4. The name and contact
information for each operator of the facility. If an operator is a corporation,
a limited liability company, a partnership, a limited partnership, or other
form of business, the New Jersey Business Entity ID number, include the date of
the original business formation and/or registration filed with the State, the
type of business entity, and the name and contact information of the corporate
officer, partner, or other person with primary decision making authority
regarding the facility;
5. The
number and type of underground storage tank systems at the facility, including,
but not limited to, contents, size, age, type of construction, and other
characteristics of each tank system;
6. For initial registration, a site plan of
the facility, including the location of the tanks, lines, pumps, dispensers,
fill pipes, and other features of the tank system, including the distance from
existing buildings and property boundaries;
7. The name and contact information of each
designated Class A and Class B operator at the facility;
8. The name and address of the person
authorized to accept billing information from the Department;
9. For all general liability insurance or
other financial responsibility assurance mechanisms, the following:
ii. Carrier or issuing institution;
iv. Policy number (if applicable);
vi. Limit of liability for each occurrence or
incident (exclusive of legal defense costs);
vii. Limit of liability for annual aggregate
(exclusive of legal defense costs); and
viii. The entire financial responsibility
assurance mechanism document;
10. The installer certification, if required
in accordance with (h) below; and
11. Certifications of the facility owner and
each operator, as set forth in (e) through (g) below.
(d) If an amendment to the UST facility
registration is required pursuant to
N.J.A.C.
7:14B-2.1(b), the owner and
each operator shall provide to the Department a revised New Jersey Underground
Storage Tank Facility Certification Questionnaire, except that the section
titled "Specific Tank Information" on the New Jersey Underground Storage Tank
Facility Certification Questionnaire is not required unless the information in
that section of the most recently submitted Questionnaire is not
correct.
(e) The owner and each
operator shall sign the New Jersey Underground Storage Tank Facility
Certification Questionnaire as follows:
1.
For a corporation, a responsible corporate official shall sign. For the purpose
of this section, a responsible corporate official means:
i. A president, secretary, treasurer, or
vice-president of the corporation in charge of a principal business function,
or any other person who performs for the corporation similar policy or
decision-making functions which have the potential to affect a facility's
compliance, or the individual to whom the manager in (e)1ii below reports
directly or indirectly for the corporation; or
ii. The manager of one or more manufacturing,
production, or operating facilities, provided:
(1) The manager is authorized to make
management decisions that govern the operation of the facility, including
having the explicit or implicit duty of recommending major capital investment,
initiating and directing comprehensive measures to ensure long-term compliance
with environmental laws and regulations, and ensuring that the necessary
systems are established or actions taken to gather complete and accurate
monitoring; or
(2) The authority to
sign documents has been assigned or delegated to the manager in accordance with
corporate procedures;
2. For a limited liability company, a
responsible company official shall sign. For the purpose of this section, a
responsible company official means an individual who has the authority to bind
the limited liability company to the provisions of this chapter, including
without limitation, an officer, member, or manager of the limited liability
company;
3. For a partnership or
sole proprietorship, a general partner or the proprietor, respectively, shall
sign;
4. For a municipality,
county, State, Federal, or other public agency, either a principal executive
officer or ranking elected official shall sign. For purposes of this section, a
principal executive officer of a Federal agency includes:
i. The chief executive officer of the agency;
or
ii. A senior executive officer
having responsibility for the overall operations of a principal geographic unit
of the agency (for example, Regional Administrator); or
5. A duly authorized representative shall
sign if:
i. The authorization is made in
writing by a person described in (e)1 through 4 above;
ii. The authorization specifies either an
individual or a position whose occupant has responsibility for the overall
operation of the facility, or an individual or position whose occupant has
overall responsibility for environmental matters for the owner or operator. (A
duly authorized representative may thus be either a named individual or any
individual occupying a named position.); and
iii. The owner or operator submits the
written authorization to the Department along with the New Jersey Underground
Storage Tank Facility Certification Questionnaire.
(f) Each individual signing a New
Jersey Underground Storage Tank Facility Certification Questionnaire as, or on
behalf of, the owner shall make the following certification:
"I certify under penalty of law that:
1.
I have read, understand, and have
followed the applicable rules and instructions for this New Jersey Underground
Storage Tank Facility Certification Questionnaire;2.
I have personally examined and am
familiar with the information submitted in this New Jersey Underground Storage
Tank Facility Certification Questionnaire and all attached
documents;3.
I
believe, based on my inquiry of those individuals responsible for obtaining the
information, that the submitted information is true, accurate and
complete;4.
This
facility is in compliance with N.J.A.C. 7:14B; and5.
I am the person required, pursuant
to N.J.A.C. 7:14B-2.2, to sign this New Jersey Underground Storage Tank
Facility Certification Questionnaire for the owner of this
facility.6.
I am
aware that there are significant civil penalties for knowingly submitting
false, inaccurate or incomplete information and that I am committing a crime of
the fourth degree if I make a written false statement which I do not believe to
be true. I am also aware that if I knowingly direct or authorize the violation
of any statute or regulation, I am personally liable for
penalties."
(g)
Each person signing a New Jersey Underground Storage Tank Facility
Certification Questionnaire as, or on behalf of, a facility operator shall make
the following certification:
"I certify under penalty of law that:
1.
I have read, understand, and have
followed the applicable rules and instructions for this New Jersey Underground
Storage Tank Facility Certification Questionnaire;2.
I have personally examined and am
familiar with the information submitted in this New Jersey Underground Storage
Tank Facility Certification Questionnaire and all attached
documents;3.
I
believe, based on my inquiry of those individuals responsible for obtaining the
information, that the submitted information is true, accurate and
complete;4.
This
facility is in compliance with N.J.A.C. 7:14B; and5.
I am the person required, pursuant
to N.J.A.C. 7:14B-2.2, to sign this New Jersey Underground Storage Tank
Facility Certification Questionnaire for an operator of this
facility.6.
I am
aware that there are significant civil penalties for knowingly submitting
false, inaccurate or incomplete information and that I am committing a crime of
the fourth degree if I make a written false statement which I do not believe to
be true. I am also aware that if I knowingly direct or authorize the violation
of any statute or regulation, I am personally liable for
penalties."
(h)
For an initial facility UST registration or an amendment to an UST registration
to include an UST system installed after January 16, 2018, or an amendment to
an UST registration to identify an out-of-service UST system being returned to
service after January 16, 2018, the owner and each operator shall include on
the New Jersey Underground Storage Tank Facility Certification Questionnaire
the certification of an installer certified in accordance with N.J.A.C.
7:14B-13 that the UST system and/or out-of-service UST system is/are properly
designed and capable of being put into service.
