N.J. Admin. Code § 7:26F-1.2

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

Section 7:26F-1.2 - Applicability and exceptions

(a) An owner shall comply with this chapter to remediate a discharge of heating oil from a heating oil tank system. For the purposes of this chapter, when the fill hose is connected to the heating oil tank system, any discharge from the fill hose is considered a discharge from the heating oil tank system.

(b) When there has been a surface discharge of less than 100 gallons of heating oil from a heating oil tank system that does not reach the waters of the State, the owner shall notify the Department in accordance with N.J.A.C. 7:26F-1.6, and shall either:

1. Remediate the discharge under the oversight of local authorities; or

2. Remediate the discharge in accordance with this chapter, if either:

i. The local authorities refer the oversight of the remediation to the Department; or

ii. The owner wants the Department to issue a heating oil tank system no further action letter for the remediation. In this situation the owner shall either request that the local authority refer oversight of the remediation to the Department, or contact the Department Hotline at 1-877 WARNDEP (1-877-927-6337) and request that the Department oversee the remediation.

(c) The owner shall conduct additional remediation beyond the requirements set forth in this chapter when the Department determines that site-specific conditions warrant such additional remediation in order to protect the public health and safety and the environment.

(d) If heating oil is discharged from a heating oil tank system that is located on a site with other contaminated areas of concern, then the owner may remediate the discharge from the heating oil tank system either:

1. Through compliance with this chapter, independent from the other areas of concern;

2. As a part of the remediation of all areas of concern at the site through compliance with the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C, and the Technical Requirements for Site Remediation, N.J.A.C. 7:26E, including retaining a licensed site remediation professional pursuant to N.J.A.C. 7:26C-2.3who shall issue a response action outcome pursuant to N.J.A.C. 7:26C-6.2; or

3. Pursuant to (d)2 above when the owner is remediating the site pursuant to the Industrial Site Recovery Act rules, N.J.A.C. 7:26B.

(e) This chapter does not relieve any person from:

1. Complying with more stringent requirements imposed by any other Federal, State, or local statute, rule, or regulation; and

2. Obtaining any and all permits required by Federal, State, or local statute, rule, or regulation.

N.J. Admin. Code § 7:26F-1.2

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