New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 26F - HEATING OIL TANK SYSTEM REMEDIATION RULES
Subchapter 1 - GENERAL INFORMATION
Section 7:26F-1.5 - Definitions
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:
"Applicant" means a person who files an application for financial assistance from the Petroleum Underground Storage Tank Remediation, Upgrade, and Closure Fund for payment of eligible project costs of a remediation due to a discharge of petroleum from a petroleum underground storage tank, for payment of eligible project costs of a replacement or closure of a petroleum underground storage tank that is not regulated pursuant to N.J.S.A. 58:10A-21 through 35 or 42 U.S.C. §§ 6991 through 6991m, or for payment of eligible project costs of an upgrade or closure of a regulated tank.
"Area of concern" has the meaning as defined in the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-1.8.
"Certified closure contractor" means an individual who is certified to perform closure of unregulated heating oil tank systems pursuant to the Underground Storage Tanks rules at N.J.A.C. 7:14B-16.
"Certified subsurface evaluator" means an individual who is certified to perform subsurface evaluation of unregulated heating oil tank systems pursuant to the Underground Storage Tanks rules at N.J.A.C. 7:14B-16.
"Clean fill" has the meaning as defined in the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-1.8.
"Closure" has the meaning as defined in the Underground Storage Tanks rules at N.J.A.C. 7:14B-1.6.
"Consolidated formation" means a geologic formation where the sands, gravels, clays, or other similar materials have been lithified.
"Contamination" or "contaminant" has the meaning as defined in the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-1.8.
"Department" means the New Jersey Department of Environmental Protection.
"Discharge" has the meaning as defined in the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-1.8.
"Environmentally sensitive natural resource" has the meaning as defined in the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-1.8.
"Environmental professional" means an individual who is a certified subsurface evaluator or a licensed site remediation professional.
"Extractable petroleum hydrocarbons" or "EPH" means extractable aliphatic and aromatic petroleum hydrocarbons determined using the Department's "Extractable Petroleum Hydrocarbons Methodology," as amended or supplemented, currently available at www.nj.gov/dep/srp/guidance/srra/eph_method.pdf. EPH includes, but is not limited to, No. 2 heating oil, diesel fuel, and heavier petroleum products, but excludes the lighter petroleum products, including gasoline and mineral spirits.
"Farm" means land that qualifies for a special tax assessment pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1et seq., or any land less than five acres in area that would otherwise qualify for that farmland assessment and that has produced agricultural or horticultural products with a wholesale value of $ 10,000 or more annually for at least the two successive years immediately preceding the year in which the tank removal is performed.
"Free product" has the meaning as defined in the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-1.8.
"Heating oil" means No. 2 heating oil, No. 4 heating oil, No. 6 heating oil, and kerosene used for heating a building.
"Heating oil tank system" means a residential above ground heating oil tank system, a small, non-residential above ground heating oil tank system, or an unregulated heating oil tank system.
"Heating oil tank system no further action letter" means the Department's written determination that the heating oil tank system discharge has been remediated pursuant to this chapter.
"Licensed quarry/mine material" means sand, gravel, or rock: (1) excavated from undisturbed geologic formations; (2) obtained from a licensed quarry/mine; (3) not located on or impacted by other contaminant sources; (4) not comingled with any other material; (5) not known or suspected of being contaminated; (6) not adversely impacted by discharges of hazardous materials or chemical application; (7) not affected by conditions or processes that would result in the introduction of contaminants into the licensed quarry/mine material in concentrations above regulatory concern; and (8) not affected by conditions or processes that would increase the concentrations of contaminants already present in the licensed quarry/mine material to concentrations above regulatory concern.
"Licensed site remediation professional" or "LSRP" has the meaning as defined in the Administrative Requirements for the Remediation of Contaminated Sites at N.J.A.C. 7:26C-1.3.
"Limited restricted use remedial action" has the meaning as defined in the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-1.8.
"Non-residential building" means any building that is not a residential building.
"Owner" means a person who owns a heating oil tank system or, in the absence of any such person, a person who has a legal or equitable title to real property at which a heating oil tank system is located.
"Person" has the meaning as defined in the Administrative Requirements for the Remediation of Contaminated Sites at N.J.A.C. 7:26C-1.3.
"Receptor" has the meaning as defined in the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-1.8.
"Remedial action" has the meaning as defined in the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-1.8.
"Remediation" or "remediate" has the meaning as defined in the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-1.8.
"Remediation standard" has the meaning as defined in the Remediation Standards at N.J.A.C. 7:26D-1.5.
"Residential above ground heating oil tank system" means any one or a combination of tanks, including appurtenant pipes, lines, fixtures, and other related equipment, of any capacity, used to store heating oil for on-site consumption in a residential building, the volume of which, including the volume of the appurtenant pipes, lines, fixtures, and other related equipment, is less than 10 percent below the ground.
"Residential building" means a single or multi-family dwelling, nursing home, trailer, condominium, boarding house, apartment house, or other structure used primarily as a dwelling.
"Residual contamination" means contamination remaining in soil at a site, after implementation of a remedial action, at a concentration that exceeds the applicable soil remediation standard in this chapter or in the Remediation Standards, N.J.A.C. 7:26D.
"Response action outcome" has the meaning as defined in the Administrative Requirements for the Remediation of Contaminated Sites at N.J.A.C. 7:26C-1.3.
"Restricted use remedial action" has the meaning as defined in the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-1.8.
"Small, non-residential above ground heating oil tank system" means any one or a combination of tanks with a capacity of 2,000 gallons or less, and appurtenant pipes, lines, fixtures, and other related equipment, used to store heating oil for on-site consumption in a non-residential building, the volume of which, including the volume of the appurtenant pipes, lines, fixtures, and other related equipment, is less than 10 percent below the ground.
"Target compound list plus 30" or "TCL + 30" has the meaning as defined in the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-1.8.
"Tentatively identified compound" or "TIC" has the meaning as defined in the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-1.8.
"Unconsolidated formation" means a geologic formation with loosely arranged sands, gravels, clays, or other similar materials.
"Unregulated heating oil tank system" means any one or combination of tanks, including appurtenant pipes, lines, fixtures, and other related equipment, used to contain an accumulation of heating oil for on-site consumption in a residential building, or those tanks with a capacity of 2,000 gallons or less used to store heating oil for on-site consumption in a non-residential building, the volume of which, including the volume of the appurtenant pipes, lines, fixtures, and other related equipment, is 10 percent or more below the ground.
"Unrestricted use remedial action" has the meaning as defined in the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-1.8.
