N.J. Admin. Code § 7:14B-2.2

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

Section 7:14B-2.2 - Procedure to apply for, renew, or amend an UST registration

(a) To apply for, renew, or amend an UST registration in accordance with N.J.A.C. 7:14B-2.1, the owner and each operator shall fully and accurately complete a single New Jersey Underground Storage Tank Facility Certification Questionnaire, using the most recent version available from the Department at www.nj.gov/dep/srp/forms/ust.

(b) The owner and each operator shall submit the completed New Jersey Underground Storage Tank Facility Certification Questionnaire with required certification forms or attachments, as applicable, to the Department at the following address:

New Jersey Department of Environmental Protection

Site Remediation Program and Waste Management

Bureau of Case Assignment and Initial Notice

Mail Code 401-05H

401 East State Street, 5th floor

PO Box 420

Trenton, New Jersey 08625-0420

http://www.nj.gov/dep/srp/bust

(c) The owner and each operator shall supply the following information on the New Jersey Underground Storage Tank Facility Certification Questionnaire:

1. The UST facility name, the facility ID number, location, and municipal tax block(s) and lot(s);

2. The name and contact information of the owner of the real property on which the facility is located;

3. The name and contact information of the facility owner. If the owner is a corporation, a limited liability company, a partnership, a limited partnership, or other form of business, the New Jersey Business Entity ID number, the date of the original business formation and/or registration filed with the State, the type of business entity, and the name and contact information of the corporate officer, partner, or other person with primary decision making authority regarding the facility;

4. The name and contact information for each operator of the facility. If an operator is a corporation, a limited liability company, a partnership, a limited partnership, or other form of business, the New Jersey Business Entity ID number, include the date of the original business formation and/or registration filed with the State, the type of business entity, and the name and contact information of the corporate officer, partner, or other person with primary decision making authority regarding the facility;

5. The number and type of underground storage tank systems at the facility, including, but not limited to, contents, size, age, type of construction, and other characteristics of each tank system;

6. For initial registration, a site plan of the facility, including the location of the tanks, lines, pumps, dispensers, fill pipes, and other features of the tank system, including the distance from existing buildings and property boundaries;

7. The name and contact information of each designated Class A and Class B operator at the facility;

8. The name and address of the person authorized to accept billing information from the Department;

9. For all general liability insurance or other financial responsibility assurance mechanisms, the following:

i. Type of mechanism;

ii. Carrier or issuing institution;

iii. Date of coverage;

iv. Policy number (if applicable);

v. Name of insured;

vi. Limit of liability for each occurrence or incident (exclusive of legal defense costs);

vii. Limit of liability for annual aggregate (exclusive of legal defense costs); and

viii. The entire financial responsibility assurance mechanism document;

10. The installer certification, if required in accordance with (h) below; and

11. Certifications of the facility owner and each operator, as set forth in (e) through (g) below.

(d) If an amendment to the UST facility registration is required pursuant to N.J.A.C. 7:14B-2.1(b), the owner and each operator shall provide to the Department a revised New Jersey Underground Storage Tank Facility Certification Questionnaire, except that the section titled "Specific Tank Information" on the New Jersey Underground Storage Tank Facility Certification Questionnaire is not required unless the information in that section of the most recently submitted Questionnaire is not correct.

(e) The owner and each operator shall sign the New Jersey Underground Storage Tank Facility Certification Questionnaire as follows:

1. For a corporation, a responsible corporate official shall sign. For the purpose of this section, a responsible corporate official means:

i. A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs for the corporation similar policy or decision-making functions which have the potential to affect a facility's compliance, or the individual to whom the manager in (e)1ii below reports directly or indirectly for the corporation; or

ii. The manager of one or more manufacturing, production, or operating facilities, provided:

(1) The manager is authorized to make management decisions that govern the operation of the facility, including having the explicit or implicit duty of recommending major capital investment, initiating and directing comprehensive measures to ensure long-term compliance with environmental laws and regulations, and ensuring that the necessary systems are established or actions taken to gather complete and accurate monitoring; or

(2) The authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

2. For a limited liability company, a responsible company official shall sign. For the purpose of this section, a responsible company official means an individual who has the authority to bind the limited liability company to the provisions of this chapter, including without limitation, an officer, member, or manager of the limited liability company;

3. For a partnership or sole proprietorship, a general partner or the proprietor, respectively, shall sign;

4. For a municipality, county, State, Federal, or other public agency, either a principal executive officer or ranking elected official shall sign. For purposes of this section, a principal executive officer of a Federal agency includes:

i. The chief executive officer of the agency; or

ii. A senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (for example, Regional Administrator); or

5. A duly authorized representative shall sign if:

i. The authorization is made in writing by a person described in (e)1 through 4 above;

ii. The authorization specifies either an individual or a position whose occupant has responsibility for the overall operation of the facility, or an individual or position whose occupant has overall responsibility for environmental matters for the owner or operator. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and

iii. The owner or operator submits the written authorization to the Department along with the New Jersey Underground Storage Tank Facility Certification Questionnaire.

(f) Each individual signing a New Jersey Underground Storage Tank Facility Certification Questionnaire as, or on behalf of, the owner shall make the following certification:

"I certify under penalty of law that:

1.I have read, understand, and have followed the applicable rules and instructions for this New Jersey Underground Storage Tank Facility Certification Questionnaire;

2.I have personally examined and am familiar with the information submitted in this New Jersey Underground Storage Tank Facility Certification Questionnaire and all attached documents;

3.I believe, based on my inquiry of those individuals responsible for obtaining the information, that the submitted information is true, accurate and complete;

4.This facility is in compliance with N.J.A.C. 7:14B; and

5.I am the person required, pursuant to N.J.A.C. 7:14B-2.2, to sign this New Jersey Underground Storage Tank Facility Certification Questionnaire for the owner of this facility.

6.I am aware that there are significant civil penalties for knowingly submitting false, inaccurate or incomplete information and that I am committing a crime of the fourth degree if I make a written false statement which I do not believe to be true. I am also aware that if I knowingly direct or authorize the violation of any statute or regulation, I am personally liable for penalties."

(g) Each person signing a New Jersey Underground Storage Tank Facility Certification Questionnaire as, or on behalf of, a facility operator shall make the following certification:

"I certify under penalty of law that:

1.I have read, understand, and have followed the applicable rules and instructions for this New Jersey Underground Storage Tank Facility Certification Questionnaire;

2.I have personally examined and am familiar with the information submitted in this New Jersey Underground Storage Tank Facility Certification Questionnaire and all attached documents;

3.I believe, based on my inquiry of those individuals responsible for obtaining the information, that the submitted information is true, accurate and complete;

4.This facility is in compliance with N.J.A.C. 7:14B; and

5.I am the person required, pursuant to N.J.A.C. 7:14B-2.2, to sign this New Jersey Underground Storage Tank Facility Certification Questionnaire for an operator of this facility.

(h) For an initial facility UST registration or an amendment to an UST registration to include an UST system installed after January 16, 2018, or an amendment to an UST registration to identify an out-of-service UST system being returned to service after January 16, 2018, the owner and each operator shall include on the New Jersey Underground Storage Tank Facility Certification Questionnaire the certification of an installer certified in accordance with N.J.A.C. 7:14B-13 that the UST system and/or out-of-service UST system is/are properly designed and capable of being put into service.

N.J. Admin. Code § 7:14B-2.2

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

Administrative Change, 50 N.J.R. 1035(a).