Current through Register Vol. 56, No. 18, September 16, 2024
(a) An owner and operator of an underground storage cavern system shall obtain approval from the Department prior to performing a minor modification.
(b) An owner and operator shall submit an application in accordance with N.J.A.C. 7:1F-4.2(a) for a minor modification, which shall include all information required pursuant to this chapter that is related to the proposed minor modification.
(c) Prior to approving a minor modification, the Department shall make an administrative review of the materials required pursuant to (b) above, as follows:
1. If the materials submitted are incomplete or do not contain the information required pursuant to (b) above, the Department shall, within 30 days of receipt of the materials, advise the owner and operator, in writing, as to the additional information required and the date by which the additional information must be received by the Department.
2. If the materials are complete, contain all of the information required pursuant to (b) above, and are determined to be administratively complete, the Department, within 30 days of receipt of the materials, shall so advise the owner and operator in writing.
(d) After the Department declares the materials submitted pursuant to (b) above are administratively complete, the Department shall review the materials within 90 days and, in accordance with the following:
1. If the materials submitted pursuant to (b) above do not contain sufficient technical information or if the technical information requires clarification, the Department shall so advise the owner and operator, in writing, and provide a list of deficiencies and additional or clarifying information required to make the application complete. If the requested additional or clarifying information is not submitted to the Department within 30 days of receiving the notice of deficiency, the Department may:
i. Extend the date by which the owner and operator must provide additional or clarifying information; or
ii. Deny the application pursuant to N.J.A.C. 7:1F-4.7.
2. If the materials required pursuant to (b) above contain sufficient technical information, the Department shall review the modification request to determine if the technical information and changes to the system conforms with the protections and requirements of the Act and this chapter. Following this review, the Department shall assess a fee, in accordance with N.J.A.C. 7:1F-1.9(g). Once payment of the fee is received the Department will either approve the modification with any conditions it deems appropriate and publish notice in the DEP Bulletin or deny the request.
(e) Upon completion of the minor modification, the owner and operator shall update any records and documentation affected by the change and conduct training of personnel, as appropriate.
(f) An owner and operator of an underground storage cavern system storing a substance that is regulated pursuant to the Toxic Catastrophe Prevention Act rules shall also comply with the requirements for the management of change at N.J.A.C. 7:31-4.6.
