N.J. Admin. Code § 7:14B-7.3

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

Section 7:14B-7.3 - Confirmed discharges

(a) Any person, including, but not limited to, the owner or operator, an individual certified pursuant to N.J.A.C. 7:14B-13hired to install, remove or test an underground storage tank system, or a licensed site remediation professional performing remediation, shall, upon confirming a discharge, immediately report the discharge to the appropriate local health agency in accordance with local requirements, and to the Department's Environmental Action Hotline 877-927-6337. Discharges may be confirmed on the basis of the following:

1. Test, sampling or monitoring results from a discharge detection method specified in N.J.A.C. 7:14B-6.2 through 6.5 that indicate that a discharge has occurred;

2. Analyses by a laboratory, certified pursuant to N.J.A.C. 7:18, of soil or ground water samples which indicate the presence of contamination in the soil or ground water immediately beneath and/or in the immediate vicinity of the underground storage tank system;

3. Results from a closure plan implemented in accordance with the requirements of N.J.A.C. 7:14B-9.2(b), which indicate the presence of contamination in the soil or ground water immediately beneath or in the immediate vicinity of the underground storage tank system;

4. Any other method, including visual and olfactory inspection, and field screening analyses, that confirms that a discharge has occurred; or

5. A discharge is confirmed based upon the site investigation conducted pursuant to N.J.A.C. 7:14B-7.2.

(b) When notifying the Department in accordance with (a) above, the following information shall be provided:

1. The type and estimated quantity of substance discharged;

2. The location of the discharge;

3. The actions being taken to contain, remediate, and or remove the substance discharged;

4. The existing case number if a discharge had been reported previously for a separate area of concern; and

5. Any other relevant information which the Department may request at the time of notification.

(c) The owner or operator shall remediate any discharge from the underground storage tank system, in accordance with this chapter and the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C.

(d) The owner or operator shall implement the release response plan required by N.J.A.C. 7:14B-5.5 when a discharge is confirmed.

(e) The owner or operator of an underground storage tank system containing hazardous substances other than petroleum or waste oil shall report a discharge of the substance, over its reportable quantity, to the National Response Center in accordance with the provisions of 40 CFR Part 302 .

(f) No hazardous substance shall be introduced into an underground storage tank system which is known to be leaking or discharging hazardous substances except in accordance with N.J.A.C. 7:14B-8.1(b)2 i and ii.

N.J. Admin. Code § 7:14B-7.3

Amended by R.1997 d.487, effective 11/17/1997.
See: 29 N.J.R. 1593(a), 29 N.J.R. 4866(a).
Inserted new (b)4; and recodified existing (b)4 as (b)5.
Amended by R.2003 d.197, effective 5/19/2003.
See: 34 N.J.R. 4024(a), 35 N.J.R. 2304(a).
Amended by R.2012 d.095, effective 5/7/2012.
See: 43 N.J.R. 1935(a), 44 N.J.R. 1339(b).
Rewrote the introductory paragraph of (a) and (c); in (a)1, substituted "through 6.5" for ", 3, 4, and 5"; in (a)3, substituted "implemented" for "conducted", a comma for "or 9.3(b)" following "9.2(b)" and "or" for "and/or"; in (d), deleted "of an underground storage tank system" following "operator"; and added (f).