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 Underground
Storage Tanks (UST) 1998
Tank Upgrade Requirements
Enforcement
If your UST system(s) are not in compliance
by December 22, 1998, the following enforcement action will
be taken:
- You will have the option of signing
an Administrative Consent Order (ACO) with the Department.
The Department will not rescind your facility's registration
certification provided a schedule for completion of UST
system upgrade is submitted, penalties are paid for the
duration that your UST systems are out-of-compliance and
you remain in full compliance with the ACO;
As of December 22, 1998, owner(s) and/or operator(s)
of a regulated underground storage tank system(s) must
either upgrade existing underground storage tank system(s)
with spill, overfill, corrosion protect and leak detection,
install a new underground storage tank system(s) or
close the underground storage tank system(s). Underground
storage tanks with a capacity of over 2000 gallons,
used to store heating oil for onsite consumption in
a non residential building may apply for a conditional
5 year extension to the December 22, 1998 deadline.
Failure to comply with one of the above requirements
by December 22, 1998 will invalidate your underground
storage tank system(s) registration. As a result you
will no longer able to operate your substandard underground
storage tank system(s).
The Department will defer enforcement of N.J.A.C. 7:14B
and allow an owner and/or operator to continue to operate
an underground storage tank system(s), provided an Administrative
Consent Order is entered into and associated penalty
paid. Enclosed please find an Administrative Consent
Order for your completion. The Administrative Consent
Order provides for schedule of completion of the underground
storage tank system(s) upgrade and/or closure and payment
of penalties for the duration your underground storage
tank system(s) remain out of compliance with the deadline.
Upon receipt of two complete and signed copies of the
Administrative Consent Order and appropriate penalty
check, the Department will perform an administrative
review and if complete, will return one fully executed
copy to you. If there are any deficiencies you will
be contacted.
Failure to comply with the Administrative Consent
Order or the deadline may result in the revocation or
denial of the underground storage tank sytem(s) registration
as well as imposition of civil and administrative penalties.
If you have any questions regarding the Administrative
Consent Order, please contact Tina Layre at 609-292-0989.
Download a copy of the ACO (6 May 99)
 PDF (31 Kb)
 Microsoft Word Format (62 Kb)
Download a copy of the MOA for State, County or Municipal
governments ( 6 May 99)
PDF PDF ( Kb)
Microsoft Word Format (54 Kb)
- If the Department records indicate your UST systems
are not in compliance and you have not entered into an
ACO with the Department, your UST registration will not
be valid. As a result you will no longer be able to operate
your substandard UST system(s) and you must go into temporary
closure. It is illegal for suppliers to drop product into
UST systems that are not properly registered. Suppliers
will be notified of this matter and how to determine if
a facility is in compliance or has entered into an ACO.
According to the provisions of P.L. 1997
c. 235, Section 9A, penalties cannot be assessed for those
UST owners and operators who have filed an application for
funding under the Petroleum Underground Storage Tanks Upgrade,
Closure and Remediation Fund and such application has not
been acted on or has been approved. Those owners or operators
are still required to maintain leak detection for the tank
system(s) and enter into an Administrative Consent Order
with the Department.
Owners and operators of all regulated systems
may only use such system upon receipt of a valid Registration
Certificate issued by the Department. N.J.A.C. 7:14B-2.7
states that the Department may deny or revoke the registration
of a facility upon a determination that the owner or operator
has failed to comply with any requirement of the State Act.
The rule also prohibits a person or business firm (i.e.
your supplier) from introducing hazardous substances into
a regulated underground storage tank which is not properly
registered with the Department. Therefore, without a valid
registration certificate, you will be unable to legally
secure product for the operation or use at your facility.
Using the Underground Storage Tank Registration
and Billing database, which is maintained via information
provided on the Underground Storage Tank Facility Certification
Questionnaire filed by the owner or operator of an underground
storage tank facility, the Department will determine compliance
with the December 22, 1998 deadline and will rescind all
registration certificates for facilities not in compliance
with the upgrade provisions of N.J.A.C. 7:14B. A list of
facilities who do not possess a valid UST registration certificate
will be made available to suppliers of regulated substances
as well as to county and local government officials such
as construction officers and health departments.
Since most compliance and enforcement actions
will be based upon data stored in the Registration and Billing
Database, it is imperative that information be current,
comprehensive and accurate. If you have any reason to believe
that the information relative to your facility is incorrect,
or incomplete, please submit an Underground Storage Tank
Facility Certification Questionnaire to the Billing and
Registration Section so that the information for your facility
is current and accurate. A form is enclosed for your convenience.
Please note that it is a criminal offense to knowingly submit
false and inaccurate information. Onsite inspections will
be conducted to verify the information.
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