The Answers
HOMEOWNERS & OWNERS OF NON-REGULATED UNDERGROUND TANKS:
Question: Do
I have to sign an Memorandum of Agreement
(MOA) with the department if my underground heating oil tank leaks?
Answer: No, The Department has established a
fixed cost of $400 for the review of remedial action reports related
to the removal of all residential heating oil tanks, farm tanks
and heating oil tanks with a capacity of 2,000 gallons or less
used for heating commercial buildings.
There are two exceptions:
- If you are applying for a grant from the Underground
Storage Tank Fund you must submit a MOA application with the
grant application.
- If the Department’s actual oversight costs exceed $1200.00,
due to your cleanup requiring more extensive technical review,
a MOA in which the homeowner agrees to pay DEP oversight costs
will be required.
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Question: Then what do
I need to submit to the Department if my underground heating oil
tank leaks and I want a “No Further Action” Letter?
- You must submit a certified check, attorney check, money order
or personal check payable to "Treasurer, State of New Jersey"
for $400.
- A Remedial Action Report done in accordance with the Technical
Requirements for Site Remediation (N.J.A.C. 7:26E et seq.). These
technical standards are what the Department considers to be the
minimum requirements for cleanup activities.
- A Residential/Non-Regulated Underground Storage Tank Remedial
Action Report Submittal Form (available on our web site: MS
Word [doc 31 Kb] or Adobe
Acrobat [pdf 72 Kb])
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Question: Why do I have to
pay for the Department's oversight?
Answer: The Department's current policy to require
payment of oversight costs is a direct result of legislative decisions.
The Legislature provides limited funds to the Site Remediation
Program; therefore, some of our costs must be recovered to continue
program operations.
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Question: Will my insurance
pay for the Department's oversight costs?
Answer: The Department's oversight costs are
a legitimate cleanup expense and can be considered the same as
any bill received from a contractor for services rendered. You
should contact your insurance agent or attorney to inquire if
your policy provides for the reimbursement of cleanup costs.
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Question: Is financial
assistance available from the State?
Answer: Grant and loan programs are available
from the State to provide financial assistance for cleanup costs.
To find out if you are eligible, contact the Division of Remediation
Support, Bureau of Contract and Fund Management at (609) 777-0101
or on the Internet at https://www.nj.gov/dep/srp/finance/.
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FOR CLEANUPS UNRELATED TO NON-REGULATED TANKS
(I.e. spills, historic fill, historic pesticide cleanups, re-development
projects etc.)
Question:
Do I have to sign a MOA with the Department if my cleanup is not
related to an underground heating oil tank leak?
Answer: The MOA is offered to parties by the
Department on a voluntary basis thus, there is no obligation to
sign a MOA. However, if you wish to obtain the Department’s
oversight, you will need to sign a MOA. The Department's oversight
is intended to ensure that cleanup activities are conducted in
accordance with the Technical Requirements for Site Remediation
(N.J.A.C. 7:26E et seq.). The Department considers these technical
standards to be the minimum requirements for cleanup activities.
Once the MOA is approved, a case manager will be assigned. If
the cleanup has been completed, the case manager will then issue
a “No Further Action” letter.
NOTE: Although the MOA is voluntary, the cleanup
of the discharge is required under the Spill Compensation and
Control Act (N.J.S.A. 58:10-23.11 et seq.)
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Question: What happens if
I decide not to enter into a MOA?
Answer: There is no obligation to enter into
a MOA. However, the Department plans to address every site on
its open case list. As the Department removes the cleaned up sites
from this list, lower-level sites become candidates for publicly
funded cleanups. Once the site becomes a Departmental priority,
a MOA or fixed cost payment is no longer the appropriate mechanism
for Departmental oversight. At that time the cleanup will cease
to be voluntary, and a Spill Act Directive will be issued. In
those instances where the Department directs a responsible party
to clean up and remove a hazardous substance, the Department will
require an Administrative Consent Order in order to provide assurance
that any remediation required by that directive will be performed
in a timely and proper fashion.
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Question: Why do
I have to pay the Department's oversight costs?
Answer: The Department's current policy to require
payment of oversight costs is a direct result of legislative decisions.
The Legislature provides limited funds to the Site Remediation
Program; therefore, some of our costs must be recovered to continue
program operations.
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Question: If I have to
pay oversight costs, how much will they be?
Answer: The Department can not specify a specific
dollar amount or provide an estimate because the cost is directly
related to:
- The type of documents submitted for review, the quality of
these documents, and the remedial phase.
- The site conditions, and the complexity of the case.
- The document’s consistency with the Technical
Requirements for Site Remediation. The more complete and consistent
documents are with the technical standards, the less time the
Department spends on their review and thus, the lower the oversight
costs.
Back to the questions
Question: Is financial
assistance available from the State?
Answer: Grant and loan programs are available
from the State to provide financial assistance for cleanup costs.
To find out if you are eligible, contact the Division of Remediation
Support, Bureau of Contract and Fund Management at (609) 777-0101
or on the Internet at https://www.nj.gov/dep/srp/finance/.
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