The Answers
1. What is an Underground
Storage Tank (UST) System?
The definition of an UST, as set forth
in N.J.A.C. 7:14B-1.6: is any one or combination of tanks,
as set forth in N.J.A.C. 7:14B-1.4, including appurtenant
pipes, lines, fixtures, and other related equipment, used
to contain an accumulation of hazardous substances, the
volume of which, including the volume of the appurtenant
pipes, lines, fixtures and other related equipment, is 10
percent or more beneath the surface of the ground.
A 'Tank' is a stationary device designed
to contain an accumulation of hazardous substance which
is constructed of non-earthen materials (for example, concrete,
steel, plastic) that provide structural support.
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2.What is a hazardous
substance?
The definition of a hazardous substance,
as set forth in N.J.A.C. 7:14B-1.6 is:
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Motor fuel;
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Petroleum products which are liquid at standard conditions
of temperature and pressure (60 degrees Fahrenheit and
14.7 pounds per square inch absolute);
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The hazardous wastes designated pursuant to:
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Section 3001 of the Resource Conservation and
Recovery Act of 1976, Pub. L. 94-580 (42 U.S.C.
6921); and
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N.J.A.C. 7:26-8;
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The hazardous substances designated pursuant to:
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Section 311 of the Federal Water Pollution Control
Act Amendments of 1972, Pub. L. 92-500 (33 U.S.C.
1321);
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Section 101 (14) of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980,
Pub. L. 96-150 (42 U.S.C. 9601); and
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The Spill Compensation and Control Act, N.J.S.A.
58:10-23.11 et seq.; and
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The toxic pollutants designated pursuant to Section
307 of the Federal Water Pollution Control Act Amendments
of 1972, Pub. L. 92-500 (33 U.S.C. 1317).
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3. Is there money available
to help me meet the 1998 upgrade deadline?
Yes, The Petroleum
Underground Storage Tank Remediation, Upgrade And Closure
Fund was established to provide assistance for UST owners
and operators.
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4. Is there money available
for remediation?
Yes, The Petroleum
Underground Storage Tank Remediation, Upgrade And Closure
Fund was established to provide assistance for UST owners
and operators.
ECA also administers the Hazardous
Discharge Site Remediation Fund (HDSRF), which provides
financial assistance and grants for investigations and/or
remediation of certain contaminated properties.
The United States Environmental Protection
Agency has a program which provides Technical
Assistance Grants to affected groups at Superfund sites.
The purpose of these grants is to assist citizens' groups
in understanding technical information that assesses potential
hazards and the selection and design of appropriate response
actions at these sites.
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5. Is my oil/water separator
regulated?
Oil water separators are not regulated
as an underground storage tank. When a separate tank is
used with the oil water separator to collect waste oil,
the UST is regulated as a waste oil UST.
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6. Is my heating oil UST
regulated?
Heating oil USTs with an aggregate capacity
of 2,000 gallons or less are exempt from the UST regulations.
Heating oil USTs of any size, used exclusively
to heat residential buildings, are exempt from the UST regulations.
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7. Who do I call if my
UST is leaking?
If a release occurs from an underground
storage tank, you are required to notify the DEP 24-hour
hotline at 609/292-7172.
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8. What is "Risk
Based Corrective Action?"
Risk Based Corrective Action (RBCA) in
New Jersey is a streamlined approach in which exposure and
risk assessment practices are integrated with traditional
components of the corrective action process to ensure that
appropriate and cost-effective remedies are selected, and
that limited resources are properly allocated. To accomplish
a RBCA cleanup in New Jersey, based upon New Jersey State
laws, the end product could include a Ground Water Classification
Exception Area (CEA), a Declaration of Environmental Restriction
(DER) and/or an alternate Direct Contact soil cleanup standard.
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9. Does New Jersey allow
the use of Risk Based Corrective Action?
Yes, New Jersey uses Risk Based Corrective
Action in all underground storage tank cases.
There are two possible paths or Tiers which
are:
NJ RBCA Tier I: Compare initial Site Investigation
or Remedial Investigation work to New Jersey's Soil Cleanup
Criteria (latest version 7/11/96) and the Ground Water Quality
Standards. Remediate to these levels or move to Tier II.
NJ RBCA Tier II: Define the extent of
soil and ground water contamination to unrestricted use
levels. Conduct appropriate contaminant fate and transport
modeling to determine what levels of contamination can be
left behind to prevent direct contact under engineering
and institutional controls, to prevent further degradation
of ground water, and to allow ground water to naturally
attenuate under a Classification Exception Area. Conduct
a risk assessment consistent with the EPA's methodology
for an alternate direct contact soil cleanup standard.
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10. Do I have to remove
my UST?
No, if your tank system is not temporarily
closed as described below, and is in compliance with all
applicable regulations, you do not have to remove your underground
storage tank. All regulated USTs must be upgraded or closed
by December 22, 1998. It is, however, good practice to remove
USTs not currently in use and may reduce ones environmental
liabilities.
An UST may be "temporarily closed"
for up to 12 months by removing all product and maintaining
all existing cathodic protection systems. In addition, an
UST which has been empty for more than 12 months must be
closed unless a site investigation in accordance with N.J.A.C.
7:26E is conducted and submitted to the department for review
and approval.
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11. Do I have to be certified
to do UST work?
Yes, all persons who provide services on
underground storage tank systems (USTs) which are regulated
pursuant to P.L. 1986 c.102 must be certified by the Department
of Environmental Protection in a particular classification
or classifications or perform the services while under the
immediate on-site supervision of a person certified in that
classification. All certified individuals may only perform
these activities while working for a firm certified in the
same classification(s). The classifications of certification
are Installation (Entire System or Release Detection Monitoring
Systems), Closure, Tank Testing, Corrosion Protection System
Analyst (Cathodic Protection Tester or Cathodic Protection
Specialist) and Subsurface Evaluation.
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12. Can I get a list
of all the registered underground storage tanks in New Jersey?
Yes, a copy of the department's UST
Registration and Billing database is available to the
public as a downloadable file. The file is comma delimited,
compressed, using PKZIP, into a 3,021,293 byte file that
includes a data dictionary explaining the fields and a readme
file. The department anticipates updating this file quarterly.
This information is also available to the
public on two 3.5-inch, 1.44 Mb diskettes. The discs can
be obtained from the Maps and Publications Sales Office,
P.O. Box 438, Trenton, NJ 08625-0438 at 609/777-1038. They
sell for $25 and will be updated quarterly.
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13. Can I get a list
of all the leaking underground storage tanks in New Jersey?
Yes, a list of the regulated
UST contamination cases is now available exclusively
on the Internet. This list contains selected information
from the regulated UST contamination database for the regulated
community to determine the status of their leaking UST case.
This list is sorted alphabetically by county and municipality.
In addition, the department's Known
Contaminated Sites in New Jersey includes all leaking
underground storage tank cases and is available from the
Office of Maps and Publications at 609/777-1038 or 777-1039.
The cost for the publication is $15.
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14. How do I find out
who is assigned to my leaking underground storage tank case?
The status of a regulated leaking underground
storage tank case can be found in the regulated
UST contamination cases list which is now available
exclusively on the Internet. This link includes the UST
case number, registration number, address, program currently
overseeing the case, the case status, and the BUST case
manager.
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15. What can I do if
I disagree with my case manager?
If you disagree with your case manager
on specific requirements of your case, first contact your
case manager to discuss the requirements. If an agreement
is not reached, contact the case manager's supervisor to
discuss the requirements. If an agreement can not be reached
at this level, ask the supervisor to discuss the case specific
situation with the Section Chief. If an agreement still
is not reached the issue should be raised to the bureau
chiefs attention. These steps can be eliminated if time
is of the essence. If the situation can not be resolved,
a Dispute Resolution may be filed with the department at
any step in the process.
Dispute Resolution is a formal process
for resolving disputes of technical requiements. To aid
in this process, the department developed a Dispute resolution
Guidance document which was implemented on August 17, 1993.
Specific timeframes were established for a decision to be
rendered at each level of management.
If you have questions regarding the Dispute Resolution
process or would like a copy of the guidance document, please
contact your assigned case manager or 609/292-8761.
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16. How can I find out
the status of a leaking underground storage tank case?
The status of a regulated leaking underground
storage tank case can be found in the regulated
UST contamination cases list which is now available
exclusively on the Internet. This link includes the UST
case number, registration number, address, program currently
overseeing the case, the case status, and the BUST case
manager. If additional information is needed, the case manager
may be contacted directly for a brief update of the case
status. Consultants conducting file searches and due dilligence
inquiries for a client should follow the NJ
Open Public Records Act (OPRA) proceedures. The request
should include a list of all cases you wish to review.
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17. What is the BUST
Cooperative Venture Program?
The BUST Cooperative
Venture Program is an alternative case processing plan
intended to increase cooperation between UST owners and
operators and the department in pursuing site cleanup compliance
with federal and state regulations. These changes should
facilitate the department's efforts to maximize the "teamwork
approach" with the regulated community, while continuing
our mission to protect public health and the environment.
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18. As an individual,
can I participate in the Cooperative Venture Program?
Yes, an individual resposible party, as
well as responsible parties with multiple cases, may participate
in the Cooperative Venture Program.
Please contact your assigned case manager to discuss the
development of an agreed upon schedule.
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19. How do I know if
an individual or firm is certified to do work at my UST
site?
The DEP's Bureau of Revenue maintains the
list of certified firms and individuals. You may also ask
the contractor to see a copy of the firm's UST Certification
Card and Placard. Each individual and firm is issued a certification
card and placard. In addition, a list
of certified firms is available through the UST Home
Page. The Bureau of Revenue can be reached at 609/777-1013.
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20. How do I inquire
about or obtain a list of laboratories certified by the
State of New Jersey?
The Office of Quality Assurance handles
the certification of laboratories. Their number is 609/292-3950.
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21. How can I find out
when the next regulatory refresher class (commonly referred
to as the UST certification course) is, and when do I need
to take it?
The course is mandated only for renewal
of certification and initial certification for those exempt
from examination. Those exempt from the exam must take the
course within one (1) year of certification. Those renewing
their certification must take the course within one (1)
year before renewal. The UST certification course is a regulatory
refresher ONLY. It is not intended to be a primer for the
exam, nor is it the sole requirement for certification or
renewal. All candidates for renewal must not only take the
course but also be current with their OSHA training and
submit an application for renewal.
To find out when the next regulatory refresher
class is you may call: a)Rutgers Continuing Education (908)
932-9271; b) New Jersey Institute of Technology (800) 624-9850;
or c) New Jersey prossional Engineers Society (609) 393-0099.
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