N.J. Admin. Code § 7:1F-3.5

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

Section 7:1F-3.5 - Release reporting, suspected releases, and investigations

(a) In the event of a release from the system, the owner and operator shall:

1. Implement procedures and measures for emergency response pursuant to N.J.A.C. 7:1F-3.4(a); and

2. Notify the Department, in accordance with the release reporting requirements at (d) below.

(b) For a suspected release, the owner and operator shall complete an investigation of a suspected release within seven calendar days of the indication of a suspected release. An indication of a suspected release may include, but is not limited to:

1. An air monitoring system indicates a release of a regulated substance;

2. Ground water monitoring conducted, pursuant to N.J.A.C. 7:1F-3.3, indicates that a release of a hazardous substance may have occurred;

3. There is evidence of a hazardous substance or resulting vapors in the soil, in surface water, or in any underground structure or well in the vicinity of the system;

4. Maintenance or testing procedures conducted, pursuant to N.J.A.C. 7:1F-3.2(a)5, indicate there may be a failure in the cavern or ancillary equipment with a potential to cause a release; or

5. Any other method of discovery of a suspected release.

(c) The owner and operator shall document the suspected release investigation conducted at the facility and make it available for inspection by the Department. The report shall include, but not be limited to, the following:

1. Date, name(s), and position title(s) of the individual(s) conducting the investigation; and

2. A description of the indication of the suspected release and the relevant information used to evaluate and arrive at a conclusion disproving or confirming a release.

(d) Any person, including, but not limited to, the owner or operator, must immediately report a release to the Department's emergency communications center at 1-877 WARN DEP (1-877-927-6337). Such notification shall include the following information:

1. Company name and address;

2. The name, position, and telephone number of the individual providing notification;

3. The time of, or estimated time of, the release and the projected duration;

4. The nature of the release, including the type of regulated substance;

5. As applicable, the quantity, or estimated quantity, of regulated substance released and its offsite impacts;

6. As applicable, weather conditions, including wind direction and speed; and

7. Updates to the above information, as applicable, throughout the duration of the release event.

(e) In the event of a confirmed release from the cavern system, the owner and operator must take immediate action to mitigate the release, including any approved operating procedures for the conditions. The owner and operator shall coordinate and conduct remediation activities, in accordance with Department rules.

(f) Following a release, the owner and operator must investigate the release as soon as reasonably possible, but not later than 48 hours following discovery of the release. If an owner and operator of an underground storage cavern system stores a regulated substance that is an extraordinarily hazardous substance (EHS) as defined pursuant to the Toxic Catastrophe Prevention Act Program rules at N.J.A.C. 7:31-1.5, the EHS accident investigation requirements of that chapter apply.

1. Upon completing the investigation, the owner and operator shall prepare a report to document the release and investigation findings. The report must include the following:

i. Date, time, and location of the release;

ii. Name(s), position title(s) of the investigator(s), and date the investigation of the release began;

iii. A description of the release with all the relevant information. Include the source, identify the regulated substance, amount, and duration of the release, if known or reasonably approximated based on the investigation information;

iv. Identify the impacts, if any, of the release on the surrounding environment, community, system, or facility equipment. Include corrective actions necessary to repair the system and equipment and mitigate any impacts to the surroundings;

v. Identify what caused the release, either directly or indirectly, with any factors found to have contributed to and/or caused the release;

vi. Recommendations resulting from the investigation to prevent a recurrence; and

vii. The Department may request additional information from the owner and operator regarding the release and investigation findings.

2. The owner and operator shall document the repairs, corrective actions, and recommendations completed following completion of the investigation report and maintain such records with the report.

(g) The owner and operator shall keep documentation of an investigation, performed in accordance with this section and make it available for inspection by the Department for the operational life of the underground storage cavern system.

N.J. Admin. Code § 7:1F-3.5

Adopted by 55 N.J.R. 905(a), effective 5/1/2023