Title 58, Title 58: WATERS AND WATER SUPPLY

58:10A-22 Definitions. 2. As used in this act: a. "Commissioner" means the Commissioner of the Department of Environmental Protection; b. "Department" means the Department of Environmental Protection; c. "Discharge" means the intentional or unintentional release by any means of h…

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 e…

58:10A-24. Permit for modification An owner or operator of a facility proposing to replace, install, expand or substantially modify the facility shall obtain a permit therefor from the commissioner. The commissioner shall not issue a permit unless the owner or operator demonstrat…

58:10A-24.1 No tank services on underground storage tank; exceptions. 1. a. Except as provided in subsection b. of this section, a person shall not perform, except in accordance with the provisions of this act, tank services on an underground storage tank at an underground storag…

58:10A-24.2 Services on underground storage tanks by certified persons; exceptions. 2. a. A business firm shall not engage in the business of performing services on underground storage tanks at underground storage tank sites for purposes of complying with the requirements of P.L.…

58:10A-24.3 Examinations for certification to perform services on underground storage tanks. 3. a. The department shall establish and conduct examinations for certifying that a person is qualified to perform services on underground storage tanks at underground storage tank sites …

58:10A-24.4 Certification, renewal. 4. a. Certification shall be for a three-year period. Renewal of a certification, or recertification, shall be made to the department at least 60 days prior to the expiration date of the certification, and shall be accompanied by evidence of at…

58:10A-24.5 Denial, revocation, etc. of certification. 5. a. The department may deny, suspend, revoke, or refuse to renew a certification for good cause, including: (1) a violation, or abetting another to commit a violation, of any provision of this act, or of P.L.1986, c.102 (C.…

58:10A-24.6. Violations, penalties a. If a person violates any of the provisions of this act or any rule or regulation adopted, or order issued, thereunder, the department may institute a civil action in a court of competent jurisdiction for injunctive or other appropriate relief…

58:10A-24.7 Guidelines, rules, regulations. 7. The Department of Environmental Protection shall, within 120 days of the effective date of this section, establish guidelines to implement the provisions of this act, and shall, within 180 days of the effective date of this section, …

58:10A-24.8 Interim rules, regulations establishing certification program. 8. a. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Department of Environmental Protection shall adopt, after notice, inter…

58:10A-24.9 Required DEP submissions copied to municipality. 9. Any person who performs tank installation, tank removal, tank closure, or subsurface evaluations for corrective action, closure or corrosivity on an unregulated heating oil tank shall provide to the governing body of…

58:10A-25. Rules, regulations 5. a. The commissioner shall, within one year of the effective date of P.L.1986, c.102 (C.58:10A-21 et seq.), adopt, pursuant to the "Administrative Procedure Act," rules and regulations which: (1) Establish a schedule for the testing of all faciliti…

58:10A-26. Monthly inspections Monitoring systems shall be installed, maintained, and operated in accordance with the manufacturer's requirements. Each monitoring system shall be inspected at least monthly to determine that it is functionally unimpaired. L. 1986, c. 102, s. 6, ef…

58:10A-27. Inventory records The owner or operator of a facility shall maintain inventory records for each underground storage tank which shall, at a minimum, record daily hazardous substance transfers and a periodic average. These records shall be maintained at the site of the f…

58:10A-28. Leaks, discharges 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 h…

58:10A-29 Requirements to meet standards for underground storage tanks. 9. a. The department shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (52:14B-1 et seq.), requiring the owner or operator of a facility to meet the standards …

58:10A-29.1 Requirement for contract for leak detection testing. 2. The owner or operator of any underground storage tank with a capacity of over 2,000 gallons used to store heating oil for onsite consumption in a non-residential building who does not meet the deadline for compli…

58:10A-3 Definitions. 3. As used in this act, unless the context clearly requires a different meaning, the following words and terms shall have the following meanings: a. "Administrator" means the Administrator of the United States Environmental Protection Agency or his authorize…

58:10A-30. Inspection authority The department shall have the authority to enter, at reasonable hours, any property or place of business where underground storage tanks or nonoperational storage tanks are or may be located to inspect any underground storage tank or nonoperational…

58:10A-30.1. Underground storage tank inspection program, established 2. There shall be established an underground storage tank inspection program in the Department of Environmental Protection pursuant to provisions of the amendment of subparagraph (b) of paragraph 6 of Article V…

58:10A-31. Rules, regulations 11. The commissioner may adopt, pursuant to the "Administrative Procedure Act," any rules and regulations in addition to those required pursuant to this act, necessary to carry out the provisions of this act, including rules and regulations imposing …

58:10A-32. Penalties A person violating the provisions of this act is liable to the penalties prescribed in section 10 of P.L. 1977, c. 74 (C. 58:10A-10). L. 1986, c. 102, s. 12, eff. Sept. 3, 1986.

58:10A-33. Exemption The owner or operator of a facility equipped with a monitoring system who has obtained a permit for groundwater discharges pursuant to section 6 of P.L. 1977, c. 74 (C. 58:10A-6) is exempt from the requirements of section 9 of this act. L. 1986, c. 102, s. 13…

58:10A-34. Other powers unaffected Nothing in this act shall be construed to limit the department's authority to respond to, or remove or clean up, a discharge pursuant to the provisions of any other State or federal law. L. 1986, c. 102, s. 14, eff. Sept. 3, 1986.

58:10A-35. Local laws superseded a. It is the intent of the Legislature that the program established by this act for the regulation of underground storage tanks constitute the only program regulating underground storage tanks in this State. To this end no municipality, county, or…

58:10A-37.1 Short title. 1. This act shall be known and may be cited as the "Underground Storage Tank Finance Act." L.1997,c.235,s.1.

58:10A-37.10 Terms of loans. 10. a. All loans awarded from the fund shall be for a term not to exceed ten years. Except as provided in subsection b. of section 5 of P.L.1997, c.235 (C.58:10A-37.5), all loans shall be at a rate between two percent and the prime rate at the time of…

58:10A-37.11 Insurance coverage for costs of remediation. 11. Notwithstanding any other provision of P.L.1997, c.235 (C.58:10A-37.1 et seq.), if an owner or operator maintains environmental liability or other insurance coverage for the remediation of a discharge, the insurance co…

58:10A-37.12 Memorandum of agreement relative to powers, responsibilities. 12. The authority and the department may enter into a memorandum of agreement whereby any of the powers or responsibilities that the authority may exercise pursuant to P.L.1997, c.235 (C.58:10A-37.1 et seq…

58:10A-37.13 Joint application filing, review and approval procedure. 13. The authority shall establish a joint application filing, review and approval procedure whereby a person who is eligible for financial assistance from the fund, created pursuant to section 3 of P.L.1997, c.…

58:10A-37.14 Authority's right of subrogation, recovery. 14. a. Payment of any grant from the fund, or of a loan from the fund where the loan is in default and is uncollectible, for any costs relating to a remediation, shall be conditioned upon the authority being subrogated to a…

58:10A-37.15 Violations, penalties. 15. a. A person who purposely, knowingly, recklessly, or negligently provides false documents or false information to the authority or to the department, or withholds documents or information, in relation to an application for financial assista…

58:10A-37.16 Liens for financial assistance. 16. a. In addition to any other financial assistance requirements imposed by the authority pursuant to P.L.1997, c.235 (C.58:10A-37.1 et seq.), any award of financial assistance from the fund except for any grant awarded pursuant to pa…

58:10A-37.17 Rules, regulations. 17. a. Within 180 days of the effective date of this act, the New Jersey Economic Development Authority shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations for the administration…

58:10A-37.18 Imposition of annual surcharge. 18. There is imposed upon the owner or operator of a facility who is required to maintain evidence of financial responsibility pursuant to section 5 of P.L.1986, c.102 (C.58:10A-25) or pursuant to 42 U.S.C. s.6991 et seq., and any regu…

58:10A-37.19 Joint annual report. 19. a. The New Jersey Economic Development Authority and the Department of Environmental Protection shall present a joint annual report to the presiding officers of the two houses of the Legislature and to the chairmen and members of the Assembly…

58:10A-37.2 Definitions relative to upgrade, remediation, closure of underground storage tanks. 2. As used in this act: "Applicant" means a person who files an application for financial assistance from the Petroleum Underground Storage Tank Remediation, Upgrade, and Closure Fund …

58:10A-37.20 Construction of act. 20. Nothing in P.L.1997, c.235 (C.58:10A-37.1 et seq.) shall be construed to: (1) impose any liability on the State or the authority for any claims made to, or approved from, the Petroleum Underground Storage Tank Remediation, and Closure Upgrade…

58:10A-37.21 Appropriation for Petroleum Underground Storage Tank Remediation, Upgrade and Closure Fund. 21. There is appropriated from the special account in the General Fund created pursuant to Article VIII, Section II, paragraph 6 of the New Jersey Constitution $9,900,000 to t…

58:10A-37.22 Penalty for failure to register underground storage tank; exceptions. 22. Any person who has owned or operated an underground storage tank as defined pursuant to section 2 of P.L.1986, c.102 (C.58:10A-22) who has not registered that tank pursuant to the provisions of…

58:10A-37.23. Submission of evidence of financial responsibility 24. Prior to July 1, 1997, or upon completion of the upgrade of an underground storage tank as required pursuant to P.L.1986, c.102 (C.58:10A-21 et seq.), the owner or operator of that underground storage tank shall…

58:10A-37.3 Petroleum Underground Storage Tank Remediation, Upgrade, and Closure Fund, establishment. 3. a. The Petroleum Underground Storage Tank Remediation, Upgrade, and Closure Fund is established in the authority as a special, revolving fund. The fund shall be administered b…

58:10A-37.3a DEP notification to municipalities of fund. 3. The Department of Environmental Protection shall notify the governing body of each municipality in the State of the existence of the Petroleum Underground Storage Tank Remediation, Upgrade, and Closure Fund and shall des…

58:10A-37.4 Allocation of fund; priorities. 4. a. Monies in the fund shall be allocated and used to provide financial assistance only to (1) eligible owners or operators of regulated tanks in this State in order to finance the eligible project costs of the upgrade or closure of t…

58:10A-37.5 Awarding of financial assistance. 5. a. (1) The authority may award financial assistance from the fund to an eligible owner or operator in the form of a loan or a conditional hardship grant as provided in this section. An award of financial assistance, either as a loa…