NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Site Remediation Program

Notice of Rule Proposal
Certification Program for Unregulated Heating Oil Tank Systems, N.J.A.C 7:14B-16

Public Notice
Take notice that the NJ Department of Environmental Protection is proposing a readoption with amendments of Subchapter 16 of the Underground Storage Tank rules, N.J.A.C 7:14B which provides the requirements that an individual or business firm must meet in order to be certified to provide services on unregulated heating oil underground tank systems (UHOTs). The amendments include a new section concerning the professional business practices that a party must meet in order to be certified.

In addition, this rulemaking proposes to amend the Department Oversight of the Remediation of Contaminated Sites rules (Oversight Rules) at N.J.A.C. 7:26C-2.5 to create an expedited remediation program for UHOTs, which are primarily homeowner tanks. Remediations of these sites are generally of a low complexity, thus the Department is proposing to limit Department oversight of the remediation of most UHOTs in order to focus its resources on the remediation of more complex cases. The process proposed at N.J.A.C. 7:26C-2.5 requires that homeowners employ a contractor certified in the category of subsurface evaluation pursuant to N.J.A.C. 7:14B-13 or 16 to remediate the site and submit documents certifying that the site was remediated pursuant to the Technical Requirements for Site Remediation, N.J.A.C. 7:26E to obtain a no further action letter from the Department. The Department will audit a percentage of these cases to ensure the integrity of the program.

The proposal is scheduled to be published in the New Jersey Register dated May 5, 2008. A copy of the proposal(PDF) is available from the Department’s website, or may be purchased from Lexis/Nexis at www.lexisnexis.com/bookstore.

A public hearing(s) concerning the proposal is scheduled as follows:

June 13, 2008 at 1 p.m.
Department of Environmental Protection
Public Hearing Room
401 E. State St.
Trenton, New Jersey

Written comments may be submitted by July 4, 2008 to:

NJ Department of Environmental Protection
Leslie Ledogar, Esq.
ATTN: DEP Docket No. 03-08-04/400
Office of Legal Affairs
PO Box 402
Trenton, New Jersey 08625