S1424

An Act concerning compliance with certain underground storage tank regulations and amending and supplementing P.L.1986, c.102.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 5 of P.L.1986, c.102 (C.58:10A-25) is amended to read as follows:

5. a. The commissioner shall, within one year of the effective date of P.L.1986, c.102 (C.58:10A-21 et seq.), adopt, pursuant to the "Administrative Procedure Act," rules and regulations which:

(1) Establish a schedule for the testing of all facilities, taking into account the age of the underground storage tank, the hazardous substance stored therein, the proximity of the underground storage tank to potable water supplies, and the soil resistivity and other corrosive conditions which may precipitate a discharge, and for the periodic testing for structural integrity of facilities utilizing secondary containment which do not incorporate a monitoring system, and the reporting of results thereof to the department;

(2) Establish standards for the construction, installation, and operation of new and existing underground storage tanks, including standards for secondary containment, monitoring systems, release detection systems, corrosion protection, spill prevention, and overfill prevention, and other underground storage tank equipment. The standards adopted pursuant to this paragraph shall be substantially identical to the relevant standards adopted by the United States Environmental Protection Agency pursuant to 42 U.S.C. s.6991 et seq. for the regulation of underground storage tanks. The standards adopted by the department for any underground storage tank not regulated pursuant to 42 U.S.C. s.6991 et seq. shall not be more stringent than the standards adopted by the United States Environmental Protection Agency for underground storage tanks regulated pursuant to 42 U.S.C. s.6991 et seq. Notwithstanding any other provision in this paragraph to the contrary, standards adopted by the department for any underground storage tank located in a wellhead protection area may be more stringent than the standards adopted by the United States Environmental Protection Agency for underground storage tanks pursuant to 42 U.S.C. s.6991 et seq.;

(3) (Deleted by amendment, P.L.1994, c.14).

(4) Require the maintaining of records of any monitoring or leak detection system, inventory control system or underground storage tank testing system;

(5) Require the reporting of any discharges and the corrective
action taken in response to a discharge from an underground storage tank;

(6) Require the taking of corrective action in response to a discharge from an underground storage tank by the owner or operator of the underground storage tank;

(7) Require the owner or operator of an underground storage tank to prepare plans for the closure of an underground storage tank to prevent the future discharge of hazardous substances into the environment;

(8) Require the maintaining of evidence of financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by a discharge; and

(9) (Deleted by amendment, P.L.1994, c.14).

(10) Require the notification of the department and local agencies of the existence of any operational or nonoperational underground storage tanks.

b. In developing the regulations required pursuant to this section the department shall consider the regulations concerning underground storage tanks adopted by the United States Environmental Protection Agency pursuant to the "Hazardous and Solid Waste Amendments of 1984," Pub.L.98-616 (42 U.S.C. s.6991 et al.) and shall use the recommendations and standard procedures of the following organizations:

(1) American Petroleum Institute (API), 1220 L Street, N.W., Washington, D.C. 20005;

(2) American Society for Testing and Materials (ASTM), 1916 Race Street, Philadelphia, Pennsylvania 19103;

(3) NACE International, P.O. Box 218340, Houston, Texas 77218;

(4) National Fire Protection Association (NFPA), 1 Batterymarch Park, P.O. Box 9101, Quincy, Massachusetts 02269; and

(5) Underwriters Laboratories (UL), 333 Pfingston Road, Northbrook, Illinois 60062.

c. The Department of Community Affairs shall adopt in the State Uniform Construction Code the rules and regulations adopted by the department pursuant to this section within 60 days.

d. Within twelve months of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the Commissioner of Environmental Protection shall establish rules and regulations that require the owner or operator of a facility to designate on the facility’s registration certificate the individual or entity responsible for compliance with maintenance standards and for undertaking any corrective actions required under Section 5 of P.L.1986, c.102 (C.58:10A-21 et seq.).

(cf: P.L.1994, c.14, s.2)

2. Section 8 of P.L.1986, c.102 (C.58:10A-28) is amended as follows:

8. a. If the inventory records maintained pursuant to section 7 of this act or a monitoring system indicates a leak or discharge, the owner or operator of the facility shall, within 24 hours of discovery, notify the department and the appropriate local health agencies of the leak or discharge.

b. Upon notification, the department shall promptly conduct an inspection to determine the extent and impacts of the leak or discharge.

c. Upon a finding that the leak or discharge is not an imminent threat to the proximate groundwater resources or public health or safety, the commissioner shall order the owner of the underground storage tank to remove, replace, or repair the underground storage tank, establish a date by which the removal, replacement, or repair shall be effected, and take any other action, or require the owner of the tank to take any action, necessary to abate, contain, clean up, or remove, or any combination thereof, the leak or discharge.

d. Upon a finding that the leak or discharge has entered or threatens groundwater resources or public health or safety, the commissioner shall order the immediate removal of the contents of the underground storage tank, and shall take, or require the owner of the underground storage tank to take, all other appropriate actions necessary to abate, contain, clean up, or remove, or any combination thereof, the discharge. Should the leak or discharge not be abated, contained, removed, or remediated within 14 days, the individual identified as responsible for compliance with maintenance standards and undertaking corrective actions shall be liable to the department in treble damages, pursuant to subsection b. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).

e. If the commissioner provides for the removal, replacement or repair of an underground storage tank by any person other than the owner, or takes other appropriate actions necessary to mitigate the adverse effects of a leak or discharge, the costs of these measures shall be borne by the [owner]individual identified as responsible for compliance with maintenance standards and corrective actions taken in response to a leak or discharge from [of] the underground storage tank.

(cf: P.L.1991, c.1, s.2.)

3. (New section) a. Notwithstanding the provisions of P.L.1995, c.296 (C.13:1D-125 et seq.), or any other law, rule, or regulation, to the contrary, in any enforcement action taken by the department against the individual responsible for an underground storage tank facility, pursuant to P.L.1986, c.102 (C.58:10A-21 et seq.), an individual responsible for the underground storage tank facility must take the appropriate corrective action and achieve compliance with the rules and regulations established pursuant to section 5 of P.L.1986, c.102 (C.58:10A-25) within 14 days of the findings of the inspection, regardless of the violation’s designation as a violation of environmental laws in accordance with P.L.1995, c.296 (C.13:1D-125 et seq.).

b. Should the violation be designated by the department as a non-minor violation of environmental laws, pursuant to section 5 of P.L.1995, c.296 (C.13:1D-129), and should the violation not be remedied within 14 days, the individual identified as responsible for compliance with maintenance standards and undertaking corrective actions taken in response to a leak or discharge from an underground storage tank, required under section 5 of P.L.1986, c.102 (C.58:10A-25.), shall be liable in treble damages to the department, in accordance with the penalties established by the department pursuant to section 10 of P.L. 1977, c.74 (C. 58:10A-10).

c. Nothing in this section shall prohibit the department from instituting a delivery ban at an underground storage tank facility.

4. This act shall take effect immediately.

STATEMENT

This bill would require owners of underground storage tanks to designate on a facility’s registration certificate which party is initially responsible for compliance with maintenance standards and undertaking corrective actions in response to an enforcement action by the department. The bill directs the Commissioner of Environmental Protection to adopt implementing rules and regulations within twelve months of the date of enactment.

Specifically, the bill stipulates a 14 day period within which individuals responsible for underground storage tanks are required to take the appropriate corrective action, provided that the noncompliance is determined by the department to be an imminent threat to proximate groundwater resources or public health and safety. All responsible parties that fail to comply with the department’s enforcement action within the 14 day period are to be held liable to the department in treble damages.