N.J. Admin. Code § 7:14B-10.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:14B-10.1 - Permit requirements

(a) Any person who owns or operates, or is proposing to own or operate an underground storage tank system shall, except as specified in (b) and (c) below:

1. Obtain a permit from the Department prior to the repair, installation, substantial modification, or upgrade of the underground storage tank system, or performance of an activity specified in N.J.A.C. 7:14B-4, 4A, 5, and 6 requiring Department approval;

2. Obtain a construction permit issued pursuant to the New Jersey Uniform Construction Code, N.J.A.C. 5:23, prior to the repair, installation, or upgrade of an underground storage tank system; and

3. Comply with the notification requirements at N.J.A.C. 7:14B-10.1A.

(b) An owner and operator of an existing or proposed underground storage tank system need not apply for a permit with the Department, but shall provide notification pursuant to N.J.A.C. 7:14B-10.1A, when:

1. The underground storage tank and piping being installed, upgraded or modified is or shall be upon completion of installation or modification protected from corrosion, spills and overfills in accordance with N.J.A.C. 7:14B-4.1(a) or 4.2 and is secondarily contained and interstitially monitored in accordance with N.J.A.C. 7:14B-6.4(a)2;

2. The only portion of the tank system being installed is the product piping and the piping is protected from corrosion in accordance with N.J.A.C. 7:14B-4.1(a)2 and designed and constructed to meet the following standards:

i. The piping operates at less than atmospheric pressure;

ii. The piping is sloped so that the contents of the pipe will drain back into the storage tank if the suction is released;

iii. Only one check valve is included in each suction line;

iv. The check valve is located directly below and as close as practical to the suction pump; and

v. A method is provided that allows compliance with these requirements to be readily determined (for example, the check valve can be viewed at the dispenser);

3. The only portion of the tank system being installed is the product piping and the piping is protected from corrosion in accordance with N.J.A.C. 7:14B-4.1(a) and is secondarily contained and interstitially monitored in accordance with N.J.A.C. 7:14B-6.4(a)2;

4. The underground storage tank and piping being installed, upgraded or modified is or shall be protected from corrosion, spills and overfills in accordance with N.J.A.C. 7:14B-4.1(a) or 4.2 and the tank is secondarily contained and interstitially monitored in accordance with N.J.A.C. 7:14B-6.4(a)2 and the piping meets the requirements of (b)2i through v above; or

5. The only portion of the underground storage tank system being installed is a spill catchment basin used for spill prevention equipment, and the underground storage tank system is already protected from corrosion and overfills in accordance with N.J.A.C. 7:14B-4.1(a) or 4.2 and has release detection in accordance with N.J.A.C. 7:14B-6. Prior to installation of the new spill catchment basins, the owner and operator shall investigate the ground beneath and around the fill ports for releases. The owner and operator shall report all releases and conduct remediation in accordance with the requirements of N.J.A.C. 7:14B-7 and 8.

(c) Installation of replacement appurtenant piping sections (new piping is placed where the old piping was removed) shall not require a permit as long as the appurtenant piping meets standards set forth in N.J.A.C. 7:14B-4.1(a) 2, the entire length of piping from the dispenser to the tank is not being replaced, and the installation does not affect the existing cathodic protection system. Replacement of the entire length of piping from the dispenser to the tank shall constitute a closure of piping and a new installation and require a permit in accordance with (a) above unless it meets the conditions of (b) above.

(d) The Department shall not issue a permit as required in (a)1 above unless the person who owns or operates or proposes to own or operate the underground storage tank system provides evidence in the permit application that the system shall include spill prevention, overfill prevention, and corrosion protection in accordance with N.J.A.C. 7:14B-4.1(a) 1 through 3, and appropriate release detection monitoring in accordance with N.J.A.C. 7:14B-6. Installations of underground storage tank systems shall include evidence that the system is designed and constructed with secondary containment and interstitial release detection monitoring pursuant to N.J.A.C. 7:14B-4.1(a) as applicable.

(e) For the purposes of this subchapter only, the following activities shall not constitute substantial modifications which require a permit issued by the Department:

1. Installation of vapor control systems required by N.J.A.C. 7:27-16, Control and Prohibition of Air Pollution by Volatile Organic Substances;

2. Minor repairs which shall not:

i. Involve cutting the tank shell;

ii. Affect cathodic protection systems; or

iii. Otherwise affect the storage, capacity, physical configuration or integrity of the facility or its monitoring system;

3. The installation of an automatic line leak detector as required in N.J.A.C. 7:14B-6.2(a)2 i; or

4. Any other activities which, upon written determination by the Department, shall not affect storage capacity, physical configuration, or the physical integrity of the facility or its monitoring system.

(f) The owner and operator shall maintain at the underground storage tank facility the site diagrams and specifications required by N.J.A.C. 7:14B-10.3(b).

N.J. Admin. Code § 7:14B-10.1

Amended by 50 N.J.R. 409(a), effective 1/16/2018