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SRP Publications Annual Reports 1998

I. Introduction

98 SRP ANNUAL REPORT

NJDEP launches UST enforcement program to protect ground water

The Site Remediation Program announced a new enforcement initiative in December 1998 targeting facilities that do not comply with state and federal requirements to upgrade underground storage tanks. Owners and operators of regulated tanks were required to implement release detection, corrosion protection, spill prevention and overfill protection to help safeguard drinking water, ground water and soils from contamination by a December 22, 1998 state and federal deadline.

 
Figure 1

Owners and operators can achieve compliance by either documenting that necessary upgrades have been performed, or going into temporary closure until the new safeguards are operational. NJDEP's registry of underground tanks at active facilities is depicted in Figure 1, including a breakout of Hunterdon County where a pilot enforcement program by local health officials is underway.

Penalties will be imposed for every month a facility is out of compliance. It is against state regulations for a supplier to fill tanks at a facility that is not properly registered. Statewide facility information, which will be updated weekly, will soon be listed on the Site Remediation Program's Internet site. NJDEP plans to make specific facility compliance information available to distributors in 1999.

Owners and operators of state-regulated heating oil storage tanks with a capacity of more than 2,000 gallons were offered a conditional five-year extension in 1998. These parties had to apply to NJDEP in 1998 for the extension and have their system's integrity tested before August 31, 1999.

NJDEP has conducted an aggressive outreach program since 1996 to help owners and operators achieve compliance. To date, nearly $20 million has been provided to private parties and local governing bodies to help meet the upgrade requirements and perform any necessary cleanups. Figure 2 shows the cumulative amount of loans and grants NJDEP and EDA have awarded since the program began in 1997.

 
Figure 2

The current enforcement initiative involves state and federal officials conducting random inspections to monitor underground storage tank systems statewide. To assist in this massive compliance effort, a tank inspection pilot program, funded by the U.S. Environmental Protection Agency (USEPA), was launched by the Hunterdon County Health Department as part of NJDEP's County Environmental Health Act program. Four other counties are being considered for state-funded inspection programs.

In addition, through its tank registration database, NJDEP will update and check information on the status of 31,804 active underground storage tanks at 11,367 facilities statewide. NJDEP records show that only a third of active facilities comply with the new upgrade requirements. However, field inspections indicate about 60 percent of facilities visited are in compliance. NJDEP has solicited owners and operators, through mass mailings, to update tank registration information.

NJDEP currently is overseeing cleanup work at more than 3,800 sites where tanks have leaked. In just the past four years, 3,000 leaking tanks have been removed statewide under NJDEP oversight.

Failure of an owner or operator to make the tank upgrades or take advantage of the compliance options will result in the revocation of the tank's registration, the inability to legally receive product from the supplier, and possible enforcement actions against the tank owner/operator and the supplier.

State and federal environmental agencies recognized more than 10 years ago that upgrading or replacing underground storage tank systems results in fewer leaks and less damage to the environment. Discharges of hazardous substances have occurred at 45 percent of reported regulated underground storage tank closings in New Jersey.

About half of those releases impact ground water in addition to contaminating soil.

A federal underground storage tank law was passed in 1984 and regulations adopted in 1988. A state law was passed in 1986 and regulations adopted in 1990. Various laws and outreach efforts by the Department are highlighted in Figure 3. About 85 percent of state regulated tanks are also federally regulated. USEPA and NJDEP share information about tank facilities and conduct joint compliance inspections statewide.

Figure 3
Laws and Deadlines

1984

— Federal UST Law Adopted
1986—State UST Law Adopted
1988—Federal UST Regulations Promulgated
1990—State UST Regulations Promulgated
December 1990—Piping System Monitoring Required
December 1993—Leak Detection Monitoring Required
November 1997—State UST Regulations Amended
December 1998—Spill, Overfill and Corrosion Prevention Required
UST Compliance Outreach
March 1996 

Mass Mailing

 

Don't Wait Until 1998 Information Package

September 1996 UST Workshops Five Held Statewide
August 1997 UST Finance Act Makes Grants and Loans Available
February 1998 Mass Mailing  Funding Availability and Self Audit Checklist
September 1998 UST Workshops Two Held Statewide
November 1998 Mass Mailing  Final Notice with Compliance Information

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