Site Remediation Reform
New UST Cases - FAQs
If you have an existing case that
had a new discharge after November 4, 2009, can you incorporate
the new discharge into the existing case?
A new discharge may be incorporated into
an existing case when a discharge occurs at the same AOC
(location) as the original discharge and the same party
is responsible for conducting the remediation. The person
responsible for conducting the remediation may submit a
request to incorporate a new discharge into an existing
case. The request must describe why the new discharge should
be incorporated, and include the PI number, the case numbers,
and the name of the existing case manger. If the person
has not been continuously conducting remediation for an
existing case, the Department may deny the request to incorporate
the remediation of anew discharge. The request should be
sent in to Kirstin Pointin-Hahn, Bureau Chief at:
Bureau of Case Assignment and Initial Notice
401 East State Street
P.O. Box 434
Trenton, New Jersey 08625-0434
The final decision on these requests will be made by Kirsten
after consulting with the assigned case manager case.
If the new discharge occurs at a different AOC (location)
on the site or there is a new remediating party it will
be considered a new case. As a new case the remediating
party must hire a LSRP and following the new case requirements.
Are tank closure reports still required to be
submitted within 120 days for sites where a tank closure/discharge
occurred prior to 11-4-09?
N.J.A.C. 7:14B-9.5(a) has been revised to indicate that the
Site Investigation Report is due 270 days from date of tank
Is a person certified in the “Closure”
category of service of pursuant to N.J.A.C. 7:14B-13.2(b)3
required to close a regulated underground storage tank (UST)
after November 4, 2009?
A person certified in the category of service of “Closure”
is required to perform all physical activities related to
the removal or abandonment of a regulated underground storage
tank system before AND after November 4, 2009. This includes
all activities from breaking ground until the excavation
is filled or until the site falls under the on-site supervision
of a subsurface evaluator (prior to 11/4/09) or under the
supervision of a licensed site remediation professional
(LSRP) (on or after 11/4/09). A person certified in subsurface
evaluation, or the LSRP or their designee (as applicable
to the time of UST closure noted above) must be on-site
to determine the presence and extent of contamination.
Changes were made to the Underground Storage Tanks rules,
N.J.A.C. 7:14B on November 4, 2009 relative to UST closure.
The Department did not intend to eliminate the “Closure”
category of service. The changes made to these rules at
N.J.A.C. 7:14B-1.8 and 9 allow LSRPs to oversee remediation
activities associated with tank closure including: preparing
workplans, collecting soil samples, determining the presence
or absence of contamination, determining the extent of contamination,
and preparing remediation reports, etc. During UST closure,
a LSRP should be work in concert with a person certified
in tank “Closure” in the same manner that subsurface
evaluators have worked with individuals certified in “Closure”.
Changes will be proposed to the UST Rule to further clarify
For other SRRA/LSRP related issues please refer to the Contact
List for LSRP Questions.