N.J. Admin. Code § 7:14B-13.1

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

Section 7:14B-13.1 - General requirements for certification and services

(a) No individual shall:

1. Provide any services listed at N.J.A.C. 7:14B-13.2(a) on an underground storage tank system regulated pursuant to N.J.S.A. 58:10A-21 et seq. and this chapter for the purpose of complying with this chapter, unless the individual is certified or working under the immediate, on-site supervision of a person certified in accordance with this subchapter; or

2. Conduct remediation of an underground storage tank system regulated pursuant to N.J.S.A. 58:10A-21 et seq. and this chapter for the purpose of complying with this chapter and N.J.A.C. 7:26C, unless that person is a licensed site remediation professional, or representative thereof. A licensed site remediation professional need not also be licensed pursuant to this subchapter in order to conduct remediation on an underground storage tank system.

(b) The Department shall issue a certification card to an individual meeting the requirements for certification pursuant to this subchapter. The certification card shall identify the duration and classification(s), for which the individual is certified to perform services. The certified individual shall make this certification card available to the Department or its authorized agent upon request.

(c) The Department shall issue a certificate to a business firm meeting the requirements for certification pursuant to this subchapter. The certificate shall identify the classification(s) for which the business firm is certified to perform services. The business firm shall conspicuously display the certificate for public review in the business office of the business firm. If a business firm maintains a business office at more than one location, a duplicate certificate, issued by the Department, shall be conspicuously displayed at each location.

(d) The owner and operator shall ensure that all services performed on regulated underground storage tank systems pursuant to N.J.S.A. 58:10A-21 et seq., and this chapter are performed by an individual certified pursuant to this subchapter or under the immediate, on-site supervision of an individual certified pursuant to this subchapter or that remediation is performed by a retained licensed site remediation professional, or representative thereof, for the purpose of complying with N.J.A.C. 7:26C. If a certified individual is not present at the underground storage tank site or a licensed site remediation professional has not been retained to conduct remediation, the owner and operator shall suspend all regulated activities in that classification of service or remediation activities, as applicable.

(e) No individual shall perform any service pursuant to N.J.A.C. 7:14B except as provided for by (f) and (g) below, unless:

1. The individual is a permanent employee at a business firm which is certified in the classification of service, listed at N.J.A.C. 7:14B-13.2(a), being performed and the individual is certified in the classification of service being performed; or

2. The individual is working under the immediate, on-site supervision of an individual certified in the classification of service, listed at N.J.A.C. 7:14B-13.2(a), being performed and both individuals are employed at the same business firm which is certified in the classification of service being performed.

(f) An owner and operator or the permanent employee of an owner and operator may perform any service, listed at N.J.A.C. 7:14B-13.2(a) below, on the owner's and operator's underground storage tank provided the individual is certified in that classification of service. Certification of the owner and operator as a business firm is not required if the owner and operator can provide to the Department proof of financial responsibility assurance in accordance with N.J.A.C. 7:14B-13.8 or 40 CFR Part 280 for the remediation of a hazardous substance discharge resulting from the performance of such service(s).

(g) An owner and operator of an underground storage tank system shall retain a licensed site remediation professional to conduct remediation pursuant to N.J.A.C. 7:26C.

(h) Certifications are not transferable.

(i) A certified individual or business firm shall notify the Department in writing, within three business days, at the address in (j) below, of any amendments to the certification, other than those created by passing an examination or the loss of the certification card or certificate.

(j) A business firm or individual performing well drilling or pump installation services at the site of an underground storage tank who is licensed to perform such services pursuant to N.J.S.A. 58:4A-11 shall not be required to be certified to perform these services pursuant to this subchapter.

(k) If a certified individual listed as the business firm's certifying individual pursuant to N.J.A.C. 7:14B-13.3(b) below, either leaves the business firm or loses his or her certification, the certified business firm shall so notify the Department, in writing at the following address:

New Jersey Department of Environmental Protection

Bureau of Licensing & Registrations

Mail Code 401-04E

PO Box 420

401 East State Street

Trenton, NJ 08625-0420

Notification shall be made within three working days of the individual leaving the business firm or losing his or her certification. The Department shall withdraw the business firm's certification if a replacement name of an individual certified in that classification of service is not submitted within 30 calendar days of notification.

(l) A certified individual shall sign the certification statement pursuant to N.J.A.C. 7:14B-10.3(b) for all documents prepared pursuant to this chapter for the category of services listed at N.J.A.C. 7:14B-13.2(a) and submitted to the Department.

(m) When a permit is required to be obtained through the local construction office, for the purposes of complying with N.J.A.C. 7:14B, the individual's certification card and a copy of the certification for the business firm or the license number of the retained licensed site remediation professional, as applicable, shall be available upon request of the local construction official.

(n) An individual and business firm certified under this subchapter shall comply with the professional business practices referenced in N.J.A.C. 7:14B-13.9.

N.J. Admin. Code § 7:14B-13.1

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