The New Jersey Department of Environmental Protection (NJDEP) has proposed new rules regarding underground heating oil tanks. The Heating Oil Tank System (HOTS) Remediation Rules (N.J.A.C. 7:26F) will pertain to specific unregulated heating oil tanks (i.e., residential heating oil tanks, and non-residential heating oil tanks less than 2,000-gallons in volume) and their associated piping. These heating oil tank systems can be either aboveground or underground storage tanks. Heating oil includes No. 2, No. 4, and No. 6 heating oil, and kerosene, when those fuels are used for heating purposes (as opposed to industrial use, motor fuel, or resale).
The primary proposed changes to the rules are as follows:
The proposed new chapter (7:26F) will not apply if the heating oil tank system is located on a property that is subject to Industrial Site Recovery Act (ISRA). The NJDEP will not issue a No Further Action (NFA) letter for the ISRA subjected site.
NJDEP proposes to create financial assistance to offset the cost (note that they did not say cover) of remediation of a HOTS. NJDEP is also recommending a series of “minor” and “non-minor” violations and associated fines to help enforce the proposed rules.
With these new regulations possibly going into effect, it is important to have consultants who have experience with Underground Storage Tanks and how these new rules may pertain to the removal process. In the State of New Jersey a Licensed Site Remediation Professional is essential to ensuring that your project is compliant to these new guidelines.
Ed Claypoole, LSRP – Drawing on 30 years of experience and a wide range of technical expertise, his technical and managerial responsibilities include evaluating potential contaminant source areas, designing hydrogeological investigations, identifying and assessing potential risks to receptors (human and ecological) and developing risk management/remedial options. Mr. Claypoole’s project experience with AST/UST removal/remediation included reviewing contractor bids, contractor oversight, staffing, budgeting, sample collection, reporting and being the liaison between government agencies and clients. He has prepared various environmental reports and technical documents including Remedial Action, Remedial Investigation, and UST Closure Reports. He successfully directed field operations for various projects involving water and soil sampling, oversight/supervision of contractors during soil investigations/remediations, including over 400 UST (regulated and unregulated) removals throughout New Jersey ranging in size from 275-gallons to 30,000-gallons.