Dishonest UST Contractor Loses Certification for 3 Years

By: Josh Gradwhol
Bureau of Field Operations

Case closed. Final outcome: guilty on three counts of theft by deception. The punishment includes 150 of hours of community service; probation for three years, including a clause that the guilty party may not participate in any environmental investigation or remediation in New Jersey during the probation period; and an order that the individual must pay back his clients the fees charged for the services.

In February 1997, the NJDEP received a Site Investigation Report that documented the removal of regulated underground storage tanks at a facility in southern New Jersey. The report included a "copy" of the NJDEP permit issued to the facility authorizing the removal of the underground storage tanks. It was immediately recognized that the permit number referenced in the report corresponded to another facility in northern New Jersey. The NJDEP carefully checked its records to ensure that duplicate permits were not issued to multiple facilities. Upon closer review of the copy of the permit included with the report, it was recognized that there were too many errors on the document and it was in fact a forgery.

The NJDEP immediately referred the case to the Division of Criminal Justice. After many months of investi-gation, the case appeared before a Superior Court Judge in May 1998, where the individual admitted to forging three separate permits. The sentence began June 1998.

The NJDEP has been more than flexible with the implementation of the penalty provisions of the UST certification laws. The NJDEP will typically issue a warning to most first-time offenders, holding any penalties and/or suspensions in abeyance unless repeated offenses occur.

As a certified individual or firm assisting an underground storage tank owner, you are obligated by law to abide by the rules that govern the operation, maintenance, upgrade and closure of regulated underground storage tanks in New Jersey. This includes ensuring that all required permits are obtained before commencing with any regulated activity.

Also, you should never assume that your client knows the capacity or substance stored in the UST. A certified person should confirm the tank size and contents before beginning a project. As an example, the NJDEP frequently gets calls from contractors in the field who have just confirmed in the middle of a UST closure that the tank is not a non-regulated heating oil UST but a regulated UST that requires registration and NJDEP authorization to close. They request an emergency permit so they can continue with the project without interruption. This is not an emergency and any work completed without a permit will result in a first offense warning. Poor business practices are not an excuse for starting with a project without all necessary permits. The Underground Storage tank rules also require you as a certified individual or firm to report the confirmed release of a discharge of a hazardous substance from a regulated underground storage tank system. If your client will not report the discharge, you must, or risk suspension of your certification.

The NJDEP relies heavily on the integrity and honesty of every certified firm and individual to assist the regulated community in all aspects of underground storage tank compliance. As a certified individual, you are the first in the line of the defense in preventing or remediating discharges of hazardous substances to the environment. If a simple procedure like obtaining a permit can not be followed, what confidence can the NJDEP have in the individual or firm. Since DEP must rely on the certification process, the NJDEP will continue to pursue all violations to the fullest extent of the law.