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Guidance Documents Public Notification & Guidance Retail Gasoline Service Stations


Guidance for Retail Gasoline Service Stations

If a release is identified during a regulated UST system closure, on-site repair or maintenance activities, a common industry practice is to immediately respond to a newly discovered release. Typically this includes removing the tank(s) contents and excavating the tank system and any associated fill material and contaminated soils. If the presence of LNAPL is discovered, product recovery is also initiated. The Department considers these immediate actions part of an interim remedial measure (N.J.A.C. 7:26E-1.10) and fully supports and encourages the continuation of this practice. Specifically, N.J.A.C. 7:26E-1.10 requires the remediating party, as a first priority, to identify the need for any interim remedial measures to remove contain or stabilize a source of contamination to prevent migration and to protect the public health, safety, and the environment.

The Department recognizes that conducting these immediate actions in an efficient single phase results in the identification of the contamination, and initiation of the remedial investigation and remedial action. Although the remedial action trigger for public notification requirements occurs during this single-phase response action, the Department will not require the activity to stop in order for the public notification requirements to be initiated. Instead, the Department will provide a three week window for public notification and outreach activities to commence upon the discovery of unanticipated contamination during the course of regulated UST work not conducted in response to a known release and which results in triggering remedial activity. Please note that this does not exempt an RP from complying with any local, state or federal permits for the removal, installation and modification of any part of the UST system.

The Department believes that applying this approach balances the need for the public to be notified of the remedial activities and the need for a common sense response to the identified discharge.

Fact Sheet Template

The template below is provided for use by RPs of retail gasoline service station(s) to fulfill the requirement to publish a fact sheet in cases where the contamination has migrated from the property of the discharge. Please see N.J.A.C. 7:26C-1.7(l)3.

Use of this template is only for gasoline service stations where contamination is limited to gasoline constituents. If contamination not related to a discharge of gasoline has been detected at a service station site, the RP must comply with N.J.A.C. 7:26C-1.7(l) in its entirety. The wording provided in the template is the minimum required language. Additional information can be added to the template as needed.

Ad Template for Service Stations