N.J. Admin. Code § 7:14B-16.11

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:14B-16.11 - Denial, suspension, revocation, and refusal to renew a certification

(a) The Department may deny, suspend, revoke, or refuse to renew a certification issued pursuant to this subchapter, for any of the following:

1. A violation, or abetting another to commit a violation of any provision of this subchapter, the Heating Oil Tank System Remediation Rules, N.J.A.C. 7:26F, the Technical Requirements for Site Remediation, N.J.A.C. 7:26E, the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C, the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11et seq., the Water Pollution Control Act, N.J.S.A. 58:10A-1et seq., the Underground Storage of Hazardous Substances Act, N.J.S.A. 58:10A-21et seq., or of an order issued pursuant to any of these acts;

2. Making a false, inaccurate, or incomplete statement on an application for certification or other information required by the Department pursuant to this subchapter, the Heating Oil Tank System Remediation Rules, N.J.A.C. 7:26F, the Technical Requirements for Site Remediation, N.J.A.C. 7:26E, the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C, the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11et seq., the Water Pollution Control Act, N.J.S.A. 58:10A-1et seq., the Underground Storage of Hazardous Substances Act, N.J.S.A. 58:10A-21et seq., or of an order issued pursuant to any of these acts;

3. Misrepresentation or the use of fraud in obtaining certification or performing unregulated heating oil tank services;

4. Failure to attend a Department approved course on the regulations as required pursuant to 7:14B-16.7(b);

5. Performing tank services on unregulated heating oil underground storage tank systems without obtaining appropriate permits or approvals from State, Federal and local agencies; or

6. Any other violation of this subchapter, the Heating Oil Tank System Remediation Rules, N.J.A.C. 7:26F, the Technical Requirements for Site Remediation, N.J.A.C. 7:26E, the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C, the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11et seq., the Water Pollution Control Act, N.J.S.A. 58:10A-1et seq., the Underground Storage of Hazardous Substances Act, N.J.S.A. 58:10A-21et seq., or of an order issued pursuant to any of these acts.

(b) Within 20 calendar days after receipt of notification of the Department's intent to suspend, revoke, deny, or refuse to renew a certification, the applicant or certificate holder may request an adjudicatory hearing pursuant to N.J.A.C. 7:14B-12.2.

(c) The Department may order the certificate holder to cease operations pending the outcome of the adjudicatory hearing if the Department has reason to believe that a condition exists that poses an imminent threat to the public health, safety or welfare.

(d) Suspension, revocation, denial, or refusal to renew a certification shall not bar the Department from pursuing any other lawful remedy available to the Department against the applicant or certificate holder.

(e) Any business firm or person whose certification is revoked shall be ineligible to apply for certification for three years from the date of the revocation. Reapplication shall be for initial certification as per this subchapter.

N.J. Admin. Code § 7:14B-16.11

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

Amended by 50 N.J.R. 1715(b), effective 8/6/2018