Current through Register Vol. 56, No. 18, September 16, 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:
i. Type of mechanism;
ii. Carrier or issuing institution;
iii. Date of coverage;
iv. Policy number (if applicable);
v. Name of insured;
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; and
5.
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; and
5.
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.
