N.J. Admin. Code § 7:14B-16.3

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

Section 7:14B-16.3 - Classifications of unregulated heating oil tank services

(a) An individual or business firm may apply for certification in any one or more of the following classifications of unregulated heating oil tank system services:

1. Installation of unregulated heating oil tank systems including:

i. Entire unregulated heating oil tank system installation; and

ii. Unregulated heating oil tank system release detection monitoring installation;

2. Closure of unregulated heating oil tank systems;

3. Tank testing of unregulated heating oil tank systems;

4. Subsurface evaluation of unregulated heating oil tank systems; and

5. Corrosion protection of unregulated heating oil tank system analysis, which may be either cathodic protection specialist or cathodic protection tester, as applicable to unregulated heating oil tank systems.

(b) The activities that comprise the classifications in (a) above include the following:

1. Entire unregulated heating oil tank system installation includes all activities required to install unregulated heating oil tanks, associated piping, release detection monitoring systems, interior tank lining, and appurtenant equipment including factory installed cathodic protection systems, from the time the ground is broken to the restoration of finished grade at the site. Entire unregulated heating oil tank system installation of unregulated heating oil tank systems shall be performed in accordance with N.J.A.C. 7:14B-16.2(f). Entire system installation includes the performance of an internal inspection for the purpose of assessing a tank for corrosion protection and the installation of a field installed cathodic protection system when the installer is under the supervision of a cathodic protection specialist or following the plans designed by a cathodic protection specialist. Entire unregulated heating oil tank system installation activities include any maintenance or repair of any part of the unregulated heating oil tank system or release detection monitoring system requiring a permit from local officials.

i. Individuals holding an entire unregulated heating oil tank system installation certification shall also be considered to hold the more limited unregulated heating oil tank system release detection monitoring installation certification described in (b)2 below;

ii. Entire unregulated heating oil tank system installation does not include the installation of discharge detection observation wells unless installed in the manner described in N.J.A.C. 7:14B-4.1(c); and

iii. Entire unregulated heating oil tank system installation does not include routine maintenance performed on appurtenant pipes, lines, fixtures and other related equipment not requiring a permit from local officials.

2. Unregulated heating oil tank system release detection monitoring installation includes the activities associated with the installation, repair and maintenance of any release detection monitoring systems of unregulated heating oil tanks.

i. Unregulated heating oil tank system release detection monitoring installation does not include the installation of discharge detection observation wells unless installed in the manner described in N.J.A.C. 7:14B-4.1(c).

3. Closure of unregulated heating oil tank systems includes all physical activities required by N.J.A.C. 7:14B-16.2(f) as applicable relative to the removal or abandonment in place of an unregulated heating oil tank, associated piping and appurtenant equipment, from the time the ground is broken until the excavation is filled, or until a determination is made that subsurface evaluation is necessary and the site falls under the on-site supervision of a subsurface evaluator.

i. Closure activities do not include the preparation or implementation of site investigation or remedial investigation workplans or any other remedial action plans or activities, which are the exclusive purview of an individual certified in unregulated heating oil tank system subsurface evaluation described in (b)5 below.

ii. Closure of an unregulated heating oil tank system shall be performed in accordance with N.J.A.C. 7:14B-16.2(f), as applicable.

iii. If upon closure of the tank there is evidence of a discharge, no additional closure activities shall proceed unless an individual certified in subsurface evaluation is present.

4. Tank testing of unregulated heating oil tank systems includes all activities relative to testing the physical integrity of an unregulated heating oil tank and appurtenant piping from inception of the test until removal of testing apparatus from the tank system. Tank testing also includes all activities relative to the testing of spill prevention, secondary containment, electronic and mechanical components, and inspection of overfill prevention equipment. The tank testing classification shall not include the activities of air pressure soap tests of tanks or piping where product is not present, which is the exclusive purview of the individual certified in entire unregulated heating oil tank system installation described in (b)1 above. Tank testing of an unregulated heating oil tank system shall be performed pursuant to N.J.A.C. 7:14B-16.2(f) as applicable. All volumetric and non-volumetric tank system testing methods used to test unregulated heating oil tank systems shall be evaluated by an independent testing laboratory to meet the accuracy described by N.J.A.C. 7:14B-6.5(a) 3 for the size and type of tank system being tested in the most current version of the "List of Leak Detection Evaluations for Underground Storage Tanks Systems" available at the time the individual submits the application for certification. The "List of Leak Detection Evaluations for Underground Storage Tanks Systems" is published by the National Work Group on Leak Detection Evaluations (NWGLDE), www.epa.gov/swerust1/pubs/ldlist.htm and is incorporated herein by reference as amended and supplemented.

5. Subsurface evaluation of unregulated heating oil tank systems includes all activities regarding site investigation, remedial investigation and remedial action, and/or the evaluation for selection of release detection monitoring systems, as follows:

i. For site investigation, remedial investigation, and/or remedial action, subsurface evaluation activities required pursuant to the Heating Oil Tank System Remediation Rules, N.J.A.C. 7:26F, and, if applicable, the Technical Requirements for Site Remediation, N.J.A.C. 7:26E, inspecting the excavation for contamination, performing (or overseeing) necessary field screening tests, selecting soil and ground water sampling locations, and submitting or reviewing of the report(s) required under N.J.A.C. 7:26E and 7:26F;

ii. Site investigation, remedial investigation and/or remedial action activities include, but are not limited to, the development, implementation, or review of soil and/or ground water sampling plans, quality assurance/ quality control plans, health and safety plans; overseeing field screening activities; determining the horizontal and vertical extent of contamination; assessing the actual or potential effect of a discharge on receptors; determining appropriate remedial activities for soil and/or ground water contamination; the submittal or review of appropriate site investigation, remedial investigation and/or remedial action reports, and recommendations for no further action;

iii. Release detection monitoring system selection activities include selecting locations for soil borings, characterizing soils, and determining soil permeability and depth to ground water as may be applicable;

iv. Subsurface evaluation of unregulated heating oil tank system activities do not include:

(1) The design or installation of any treatment works necessary to perform the remedial action, which is the purview of a licensed professional engineer;

(2) The taking of any soil or groundwater samples for laboratory analyses once a person certified in subsurface evaluation has determined, through on-site observation, the appropriate sample locations; however, the subsurface evaluator shall have knowledge of proper sampling and analytical protocols; and

(3) The performance of well drilling or pump installation services which shall be performed by an individual who is licensed to perform such services pursuant to N.J.S.A. 58:4A-11; and

v. Subsurface evaluation of an unregulated heating oil tank system shall be performed pursuant to N.J.A.C. 7:14B-16.2(f), as applicable.

6. Unregulated heating oil tank system cathodic protection specialist includes the activities relative to the design, installation, maintenance and testing of cathodic protection systems for unregulated heating oil tank systems.

i. Individuals holding the unregulated heating oil tank system cathodic protection specialist certification are also considered to hold the more limited unregulated heating oil tank system cathodic protection tester certification described in (b)7 below.

7. Unregulated heating oil tank systems cathodic protection tester includes all activities relative to the testing of cathodic protection systems for unregulated heating oil tank systems.

N.J. Admin. Code § 7:14B-16.3

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

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