DEP Reminders–Out of Service Tanks & Online Registration Mandate
Over the last month, we’ve heard from a few members with varying DEP-related issues and wanted to highlight some “general housekeeping” notes to keep in mind as you communicate with the Department.
First, we wanted to relate a cautionary tale for any member who is considering taking their tanks out-of-service. Whether one is taking their tanks out-of-service due to maintenance, ancillary development on site, financial hardship, or otherwise, there are specific rules that must be followed.
Failing to adhere to DEP rules on this topic can be incredibly harmful to your business and financial solvency. And we don’t say that lightly. If you do not keep up with the required testing and maintenance routine while tanks are out-of-service, you may be forced to pull your tanks – even if they are relatively new and operating correctly.
Most NJGCA members have retained outside professionals to help them with any construction or environmental issues. This can include a compliance company, environmental consultants, a Licensed Site Remediation Professional (LSRP), architect, and/or contractor. They will all have their own part to play in any station renovations, installations, or improvements.
However, it should be noted that any regulatory or compliance shortfalls will ultimately land on your shoulders. In this way, it is no different from your accountant incorrectly tallying your tax obligations. Was it the accountant’s actual fault that you may have underpaid your taxes for the quarter? Yes, it is. But ultimately, it is your responsibility to meet that tax burden.
Recently we spoke with a member who has a location under construction, and revised the physical footprint on his property. The project took over a year to complete, and his tanks were taken out-of-service throughout the process. When he attempted to restart operations, he was handed a delivery ban since he was out of compliance with DEP’s requirement for out-of-service tanks. This not only included administrative paperwork, but failing to maintain the required test regimen while the tanks were out-of-service. If the matter isn’t cleared up, he may be forced to pull his tanks – which is obviously cost prohibitive and staggeringly harmful to his station.
Could this have been prevented? Weren’t his outside retained professionals (LSRPs, land consultants, etc) getting paid to pay attention for him? Sure they were. But his name is on the underground storage tank registration, and will have to answer to DEP for their flub.
Knowing the above, we thought it appropriate to outline a few of the instances in which an out-of-service notice may be required, including:
The “7 Day Rule” – If the station has not pumped any product in seven days (regardless if it is for a customer, municipality, or even an owner’s own personal vehicles), you must notify DEP and amend your New Jersey Underground Storage Tank Facility Certification Questionnaire (what we call your “tank registration”). This update to DEP must include the ordinary information (location, tank number, facility ID, etc), but will also give a description for any activity on site. While the tank is out-of-service, you must maintain electricity on site, insurance coverage, and your regulated testing regime (including monitoring release detection, corrosion protection, spill and overfill prevention, etc.). Please note that at this stage, it doesn’t matter if there is actual product in the tank or not; and it doesn’t matter why the tank is coming out of service.
The “3 Month Rule” – If the station has already gone through the “7 Day Rule”, and it has been three months (or more) since any product was pumped while their tanks were out-of-service, then DEP views any non-operation as a prelude to ultimately closing your tanks. In fact, the DEP cites the American Petroleum Institute’s own guidelines (Publication 1604, “Closure of Underground Petroleum Storage Tanks” titled “Temporarily Out-of-Service”) in their own rulebook. If you are at this stage, you still need to maintain the testing requirements while your LSRP works with DEP to notify them of your situation. At this point, you may be required to “cut n’ cap” your product lines.
The “11-going-on-12 Month Rule” – There is a mandated rule for tanks that are out-of-service for 12 months, you are required to close your tanks unless DEP approves an extension. That means at 11 months, you need to put your system back into use or start the process of closing your tanks. That said, if you reach the 11th month and wish to extend the deadline, your LSRP should be communicating with DEP on why additional time is needed. Getting the extension granted will depend on not only various reporting requirements, but also on the type of tanks you have. To state it very simply, only UST systems with “secondary containment” (that is, double-walled tanks) can seek an extension beyond 12 months. If your system does not have “secondary containment” (that is, you have single-walled tanks), your system will be closed.
Your LSRP should know all the preceding information — and much, much more. We point out these notes not to supplement the experience of any LSRP or compliance company, but only to make you aware that such deadlines exist. Had our member known some of the above information, it is likely he would have nudged his LSRP to make sure any filing deadlines were met.
To learn more about the UST closure provisions, you can CLICK HERE.
To review the actual UST Out-Of-Service Extension instructions, please CLICK HERE.
Secondly, we wanted to reiterate that NJDEP is pushing ahead with their mandate to move all UST registrations to their online portal. Though we have mentioned it in the past, we received an official notice that this will become mandatory on December 2, 2024.
This means that no paper applications will be accepted after this date.
Only paperless service will be accessible at www.njdeponline.com – and will include the ability to register, renew, upload “financial assurance mechanisms” (such as your insurance policy information), and submit payment through the portal.
If you would like to review a training video on the online portal service, please visit https://dep.nj.gov/srp/training/
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