New Jersey P.L.1991, c.1

by New Jersey Legislature

CHAPTER 1, LAWS OF 1991

AN ACT concerning underground storage tanks, and amending P.L.1986, c.102.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

1. Section 3 of P.L.1986, c.102 (C.58:10A-23) is amended to read as follows:

C.58:10A-23 Registration of underground storage facilities.

3. a. The owner or operator of a facility shall, within 180 days of the effective date of this act, on forms and in a manner prescribed by the commissioner, register that facility with the department. The department may extend the registration period for an additional 180 days.

b. The commissioner shall, within 120 days of the effective date of this act and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations to provide for the registration of all facilities in the State, prescribing the forms and procedures therefor. This registration shall require the following:

(1) The name and address of the owner and operator of the facility;

(2) A site plan of the facility indicating the number and location of the underground storage tanks;

(3) The date of installation of each of the underground storage tanks;

(4) Any other relevant information requested by the commissioner.

These rules and regulations shall provide for the periodic, but in no case more frequent than annual, certification by the owner or operator of the facility that the information contained on the registration remains unchanged. The owner or operator of a facility shall, within 30 days of completing the activities for which a permit was acquired pursuant to section 4 of this act, register or reregister, as the case may be, in accordance with the provisions of this section.

2. Section 8 of P.L.1986, c.102 (C.58:10A-28) is amended to read as follows:

C.58:10A-28 Leaks, discharges.

8. a. If the inventory records maintained pursuant to section 7 of this act or a monitoring system indicates a leak or discharge, the owner or operator of the facility shall, within 24 hours of discovery, notify the department and the appropriate local health agencies of the leak or discharge.

b. Upon notification, the department shall promptly conduct an inspection to determine the extent and impacts of the leak or discharge.

c. Upon a finding that the leak or discharge is not an imminent threat to the proximate groundwater resources or public health or safety, the commissioner shall order the owner of the underground storage tank to remove, replace, or repair the underground storage tank, establish a date by which the removal, replacement, or repair shall be effected, and take any other action, or require the owner of the tank to take any action, necessary to abate, contain, clean up, or remove, or any combination thereof, the leak or discharge.

d. Upon a finding that the leak or discharge has entered or threatens groundwater resources or public health or safety, the commissioner shall order the immediate removal of the contents of the underground storage tank, and shall take, or require the owner of the underground storage tank to take, all other appropriate actions necessary to abate, contain, clean up, or remove, or any combination thereof, the discharge.

e. If the commissioner provides for the removal, replacement or repair of an underground storage tank by any person other than the owner, or takes other appropriate actions necessary to mitigate the adverse effects of a leak or discharge, the costs of these measures shall be borne by the owner of the underground storage tank.

3. Section 9 of P.L.1986, c.102 (C.58:10A-29) is amended to read as follows:

C.58:10A-29 Secondary containment, monitoring system.

9. The department shall require, by regulation, an orderly phase-in by all facilities of an approved method of secondary containment, or an approved release detection or monitoring system, to be completed not later than December 22, 1993; except that in the case of underground storage tanks for heating oil used for on-site consumption in nonresidential buildings, the phase-in, to be prescribed by the department, shall be completed by August 6, 1995.

4. Section 17 of P.L.1986, c.102 (C.58:10A-36) is amended to read as follows:

C.58:10A-36 Underground Storage Tank Improvement Fund.

17. a. The State Underground Storage Tank Improvement Fund, hereinafter referred to as the "fund," is established in the department as a revolving fund. The fund shall be administered by the department and shall be credited with such moneys as are appropriated by the Legislature and sums received as repayment of principal and interest on outstanding loans made from the fund, except as otherwise provided herein.

b. Moneys in the fund shall be allocated and used to provide loans which shall bear interest of not more than 6% per year, and shall be for a term of not more than 10 years. These loans shall be made to owners of facilities who have been directed pursuant to law by the Commissioner of Environmental Protection to replace or repair one or more underground storage tanks. These loans shall also be made to owners of facilities for the purpose of installing monitoring systems. These loans shall be made in accordance with criteria developed and adopted by the commissioner pursuant to section 18 of this act.

c. No loan shall be made after December 21, 1993, except that in the case of nonresidential heating oil storage tanks for on-site consumption, no loan shall be made therefor after August 6, 1995. All moneys remaining in the fund or received by the fund after the latter date as repayment for loans made by the fund shall immediately revert to the General Fund.

5. This act shall take effect immediately.

Approved January 14, 1991.