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site remediation program

Unregulated Heating Oil Tank Program

The Underground Storage of Hazardous Substances Act, N.J.S.A. 58:10B-21, has been amended to require contractors performing work on unregulated tanks to be certified. The DEP is creating a program to pre-qualify environmental professionals to investigate and remediate Unregulated Heating Oil Tanks. This program will be implemented in the same manner, and is expected to have the same benefits, as the Cleanup Star Program. Until a certification program is established specifically for Unregulated Heating Oil Tanks, the DEP will rely on individuals holding a valid New Jersey UST Certification in Subsurface Evaluation and employed by a firm holding the same certification.

The Program will accept sites (cases) which undergo all aspects of remediation (soil and ground water) on Unregulated Heating Oil Tanks with the exception of:

  1. Cases with an Immediate Environmental Concern (IEC) condition, as defined by the DEP's IEC guidance document;
  2. Cases with ground water contamination exceeding a Ground Water Quality Standard (GWQS) and with a potable well (on-site or off-site) within 100 feet of the contamination;
  3. Cases for which the discharge results in groundwater contamination that has migrated beyond the property boundaries of the owner of the tank;
  4. Cases for which the discharge from the tank requires the initiation of a vapor intrusion investigation;
  5. Cases with a discharge to surface water and/or wetland;
  6. Cases for which a non-permanent remedy requires an engineering or institutional control;
  7. Cases that will be remediated to an Alternative Remediation Standard;
  8. Cases for which a variance from the Technical Requirements is requested pursuant to N.J.A.C. 7:26E-1.6(d); or
  9. Cases for which remediation will be conducted under NJPDES Permit by Rule authority, or On-Scene Coordinator Discharge Authorization Pursuant to the Water Pollution Control Act, N.J.S.A. 58:10A-1 et. seq., and 40 CFR Part 300, the National Oil and Hazardous Substance Pollution Contingency Plan (NCP).

Note that only environmental professionals holding a valid New Jersey UST Certification in Subsurface Evaluation and employed by a firm holding a valid New Jersey UST Certification in Subsurface Evaluation are eligible for the Unregulated Heating Oil Tank Program at this time. Individuals who are pre-qualified under the Cleanup Star Program but do not hold a New Jersey UST Certification in Subsurface Evaluation are not eligible for this Program, nor will they be eligible when the Unregulated Heating Oil Tank Certification becomes available.

DEP encourages anyone interested in participating in this program to apply for an upcoming New Jersey UST certification in subsurface evaluation exam. Information regarding UST Certification can be found at http://www.nj.gov/dep/srp/regs/ust/ or by calling Exams and Licensing at (609) 777-1013.

Please direct all questions regarding the Unregulated Heating Oil Tank Program and the application process to Gary Sanderson, Program Coordinator, at Gary.Sanderson@dep.state.nj.us or (609) 633-0544.