Current through Register Vol. 56, No. 18, September 16, 2024
(a) The owner and
operator who intends to close the underground storage tank system shall:
1. Ensure that the facility is registered as
required by N.J.A.C.
7:14B-2.2. If the facility is not
registered as required by N.J.A.C.
7:14B-2.2, the owner and operator shall
register the facility by submitting a completed New Jersey Underground Storage Tank
Facility Certification Questionnaire with the appropriate fee as specified by
N.J.A.C. 7:14B-3.2(b)
and 3.5 prior to initiating closure. The
owner and operator shall not close any tank(s) located at the facility unless the
facility is properly registered with the Department.
2. At least 14 calendar days prior to the
anticipated closure date, notify the Department of the intent to close the
underground storage tank by logging on to the NJDEP Online service via either the
myNewJersey Portal at
www.nj.gov or directly
from njdeponline.com, selecting the underground storage tank notice of intent to
close in the Service Selection section of the My Workspace screen, and completing
and submitting the form. This notification shall include the following information:
i. The facility registration number;
ii. A statement as to whether the tank system is
being removed or abandoned in place;
iii. The date the underground storage tank system
is to be closed;
iv. The certification
number of the business firm performing the closure activities required pursuant to
N.J.A.C. 7:14B-13 and the license number of the licensed site remediation
professional performing remediation; and
v. Any additional information of the person
submitting the notification as required by the Department in order that the closure
shall be performed in accordance with this chapter;
3. Provide a copy of the Department's approval of
the notice of intent to close the tank, which is automatically generated upon
submission of the online notification pursuant to (a)2 above, to each of the
following:
i. The applicable municipal and county
health departments at least 14 calendar days prior to the anticipated closure date;
and
ii. The applicable local authority
with the application for a local demolition permit;
4. Comply with all applicable requirements of the
New Jersey Uniform Construction Code, N.J.A.C. 5:23; and
5. If any contamination is detected above any
applicable remediation standard, conduct the remediation pursuant to the
Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C.
7:26C, except as provided in N.J.S.A. 58:10B-13e.
(b) The owner and operator who intends to close an
underground storage tank containing hazardous substances which are not hazardous
wastes or an underground storage tank containing hazardous waste which is exempt
from the requirements of the New Jersey Hazardous Waste Regulations,
N.J.A.C. 7:26G, shall implement a closure plan which consists of a
site investigation set forth at N.J.A.C.
7:26E-3.3 and a tank decommissioning plan
which includes the procedures pursuant to (d) through (f) below, as applicable. The
owner and operator shall keep the closure plan at the facility and make it available
for inspection by the Department, the local construction code enforcement official,
or a county or municipal health official.
(c) The owner and operator who intends to close an
underground storage tank containing hazardous waste regulated pursuant to the
Hazardous Waste rules, N.J.A.C. 7:26G, shall follow the closure
procedures in the Hazardous Waste rules, at N.J.A.C. 7:26G-8.
(d) The owner and operator shall close an
underground storage tank pursuant to the American Petroleum Institute Recommended
Practice 1604, "Closure of Underground Petroleum Storage Tanks" in publication at
the time the tank is to be closed (available from the American Petroleum Institute,
1220 L Street Northwest, Washington, DC 20005), incorporated herein by reference,
and shall:
1. Examine the secured tank for holes
and call the Department Hotline at 1-877 WARNDEP or (877) 927-6337 if any holes are
discovered and/or a discharge has been confirmed pursuant to
7:14B-7.3, unless the discharge from the
tank was previously reported to the Department; and
2. Remove the tank from the site according to all
applicable laws and regulations.
(e) The owner and operator may abandon an
underground storage tank in place if no contamination is detected above applicable
remediation standards or if removal is not feasible by:
1. Submitting to the Department a statement,
signed and certified by a licensed New Jersey professional engineer, that explains
why removal is not feasible;
2.
Following the procedures at (d)1 above, draining the associated piping, pumping out
the tanks, and thoroughly cleaning the system, being sure to ameliorate any health
and safety concerns due to any vapors that may be in the tank atmosphere during the
tank cleaning and abandonment operation;
3. Inspecting the tank interior and documenting
any areas of questionable integrity, including, without limitation, any cracks or
corrosion, or evidence of discharge. Photographs may be submitted to document that
the integrity of the system has been breached, if the evidence is clearly visible in
the photograph;
4. Decommissioning the
tank system, including all fill pipes, by completely filling the tank system with
sand, cement or other inert material with similar physical/chemical
properties;
5. Removing all fill pipes
to a depth of a minimum of one foot below ground surface; and
6. Complying with all local ordinances.
(f) If the underground storage tank is
located under a permanent structure or is physically inaccessible, or a
certification, signed and sealed by a licensed New Jersey professional engineer, is
submitted stating that the sampling requirements for site investigations at
N.J.A.C. 7:26E-3.3 will cause
damage to the structure, the owner and operator may use an alternate method for
determining the integrity of the tank, provided that it is documented pursuant to
N.J.A.C. 7:26E-1.7
.
(g) The following cleaning procedures may be used
to comply with (d) through (f) above:
1. American
Petroleum Institute Standard 2015, "Safe Entry and Cleaning of Petroleum Storage
Tanks, Planning and Managing Tank Entry from Decommissioning through
Recommissioning" (available at
www.api.org);
2. American Petroleum Institute Recommended
Practice 2016, "Guidelines and Procedures for Entering and Cleaning Petroleum
Storage Tanks"(available at
www.api.org);
3. American Petroleum Institute Recommended
Practice RP 1631, "Interior Lining and Periodic Inspection of Underground Storage
Tanks" (available at
www.api.org);
4. National Fire Protection Association Standard
326, "Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning, or
Repair" (available at
www.nfpa.org); and
5. National Institute for Occupational Safety and
Health Publication 80-106, "Criteria for a Recommended Standard: Working in Confined
Space" (available at
http://www.cdc.gov/niosh/docs/80-106/).
