N.J. Admin. Code § 7:14B-1.6 - Definitions

As used in this chapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise

"Abandon in place" or "abandonment in place" means a tank permanently eliminated from service by following the procedures in American Petroleum Institute Recommended Practice 1604, "Closure of Underground Petroleum Storage Tanks," as supplemented or amended, and left in the ground.

"Activity" means any one of the following:

1. Installation of a new underground storage tank system;

2. Closure of an underground storage tank system; or

3. Substantial modification of an underground storage tank system.

"Airport hydrant system" means an underground storage tank system that distributes fuel to aircraft and operates under high pressure with large diameter piping that typically terminates into one or more hydrants (fill stands). The airport hydrant system begins where fuel enters one or more tanks from an external source, such as a pipeline, barge, rail car, or other motor fuel carrier.

"Amendment to certification" means any change of the certification for the purpose of correction, addition or deletion of information.

"Ancillary equipment" means any device including, but not limited to, piping, fittings, flanges, valves, and pumps used to distribute, meter, or control the flow of regulated substances to and from an UST.

"Annual aggregate" means the total remediation costs incurred within a single year for all discharges from underground storage tank systems covered by a single financial instrument.

"Annular space" means the space created between the primary and secondary container of a secondarily contained underground storage tank system, including ancillary piping and containment systems.

"Aquifer" means a geological formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring.

"Beneath the surface of the ground" means beneath the ground surface or otherwise covered with earthen materials.

"Business firm" means any entity, whether a sole proprietorship, partnership, or corporation, which provides services to underground storage tanks, such services being required for the purposes of complying with the provisions of 58:10A-21 et seq. The service does not have to be performed for profit.

"Casing" means a pipe used to support the sides of a hole to prevent caving or the entrance of water or other fluids into the hole.

"Cathodic protection" means a technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell.

"Class A operator" means the individual designated by the owner and operator to have primary responsibility to operate and maintain the UST system in accordance with applicable requirements of this chapter. The Class A operator typically manages resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements. An individual does not, solely by virtue of being designated a Class A operator, become an "operator" as defined in this section.

"Class B operator" means the individual designated by the owner and operator to have day-to-day responsibility for implementing applicable regulatory requirements established by the Department. The Class B operator typically implements in-field aspects of operation, maintenance, and associated recordkeeping for the UST system. An individual does not, solely by virtue of being designated a Class B operator, become an "operator" as defined in this section.

"Class C operator" means an individual designated by the owner and operator to be responsible for initially responding to emergencies presented by a spill or release from an UST system. The Class C operator typically controls or monitors the dispensing or sale of regulated substances. An individual does not, solely by virtue of being designated a Class C operator, become an "operator" as defined in this section.

"Close" or "closure" means the permanent elimination from service of any underground storage tank system by removal or abandonment in place.

"Commercial" means any activity involving a hazardous substance from an underground storage tank system including, but not limited to, the resale, distribution, processing and transportation of any hazardous substance, as well as the use of any hazardous substance to perform or carry out these or other activities, that results in monetary gain.

"Commissioner" means the Commissioner of the New Jersey Department of Environmental Protection or his or her authorized representative.

"Compartmented tank" means any underground storage tank that is divided by one or more walls or bulkheads to create individual and separate compartments within the underground storage tank. Each compartment is a separate regulated tank, requiring separate tank identification on the New Jersey Underground Storage Tank Facility Certification Questionnaire.

"Compatible" means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the tank system under conditions likely to be encountered in the tank system.

"Containment device" or "containment sump" or "containment system" means a liquid-tight structure or system of structures that provide containment of any regulated substance release. Containment devices are typically used underneath product dispensers, enclosing submersible turbine pumps or below piping connections/transitions, and may be single walled or secondarily contained.

"Contamination" or "contaminant" means contamination or contaminant as defined pursuant to the Technical Requirements for Site Remediation at 7:26E-1.8.

"Continuous monitoring" means a monitoring system that incorporates automatic equipment that can detect leaks and/or discharges without interruption.

"Corrosion" means the deterioration of a material by direct or electrochemical reaction with its environment.

"Daily" means at least five days per week.

"Decommissioning" means the excavating, cleaning, degassing, removal or abandonment in place of an underground storage tank system.

"Department" means the Department of Environmental Protection.

"Discharge" means an intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of a hazardous substance into the waters or onto the lands of the State or into the waters outside the jurisdiction of the State, when damage may result to the lands, waters, or natural resources within the jurisdiction of the State.

"Discharge detection system" means a method of detecting a discharge of hazardous substances from an underground storage tank system.

"Dispenser" means equipment located aboveground that dispenses regulated substances to a point of use outside the UST system, such as a motor vehicle.

"Dispenser sump" means a liquid tight container designed to contain leaks from dispensers, pumps and associated fittings.

"Dispenser system" means the dispenser and the equipment necessary to connect the dispenser to the UST system.

"Double-walled tank" means an underground storage tank in which a rigid secondary container is attached to the primary container and which has an annular space.

"Electrical equipment" means underground equipment which contains dielectric fluid which is necessary for the operation of equipment such as transformers and buried electrical cable.

"Empty" means all hazardous substances have been removed that can be removed by direct pumping or drainage and no more than 2.5 centimeters (one inch) of residue, or 0.3 percent by weight of the total capacity of the system remains, whichever is the smaller amount.

"Entire piping run" means the total length of product piping from the tank to the dispenser.

"Excavation area" means the area containing the underground storage tank system and backfill material and bounded by the above ground surface, walls, and pit and trenches into which the underground storage tank system is placed at the time of installation.

"Existing underground storage tank system" means an underground storage tank system which was installed before September 4, 1990.

"Facility" means one or more underground storage tank systems owned by one person on a contiguous piece of property.

"Facility certification" means the annual registration of a facility with the Department pursuant to this chapter.

"Farm" means "farm" as defined in the Farmland Assessment Act of 1964, 54:4-23.1 et seq.

"Farm tank" means an underground storage tank which contains or contained hazardous substances located on a tract of land devoted to the production of crops or raising animals pursuant to the Farmland Assessment Act of 1964, (54:4-23.1 et seq.), and including fish hatcheries, rangeland, and nurseries with growing operations.

"Field-constructed tank" means a tank constructed in the field. For example, a tank constructed of concrete that is poured in the field, or a steel or fiberglass tank primarily fabricated in the field is field-constructed.

"Final remediation document" means a document defined as such pursuant to the Administrative Requirements for the Remediation of Contaminated Sites rules at 7:26C-1.3.

"Financial responsibility assurance" means the assurance, through one or more allowable mechanisms pursuant to 7:14B-13.8, of the availability of funds necessary for the cleanup or mitigation of a discharge of hazardous substances.

"Flow-through process tank" means a tank that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of materials during the operation of the process. Flow-through process tanks do not include tanks used for the storage of materials prior to their introduction into the production process or for the storage of finished products or by-products from the production process.

"Free-phase non-aqueous phase liquid" means a separate phase liquid material, present in concentrations greater than a contaminant's residual saturation point.

"Hazardous substances" means:

1. Motor fuel;

2. Petroleum products that are liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute);

3. All substances that are liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute) listed in Appendix A of N.J.A.C. 7:1E; and

4. Waste oil.

"Heating oil" means any grade of petroleum product including, but not limited to, No. 1, 2, 4 (light and heavy), 5 (light and heavy), and 6 fuel oils, other residual fuel oils (including Navy Special Fuel Oil and Bunker C), diesel, and kerosene of any grade or type used in the operation of heating equipment, boilers, or furnaces.

"Hydraulic lift tank" means a tank holding hydraulic fluid for a closed-loop mechanical system that uses compressed air and hydraulic fluid to operate lifts, elevators and other similar devices.

"Installation" means the emplacement of a new underground storage tank or underground storage tank system including the replacement of an existing underground storage tank or underground storage tank system.

"Interstitial monitor" means a device used to check the space between the primary and secondary container of an underground storage tank system with secondary containment, including ancillary piping and containment systems, for leaks and alert the operator if a leak is suspected or detected.

"Interstitial space" or "interstice" means annular space.

"Inventory controls" means the techniques used to identify a loss of product that are based on volumetric measurements in the underground storage tank and reconciliation of these measurements with hazardous substance delivery and withdrawal records.

"Leak" means the release of a hazardous substance from an underground storage tank system into a space created by a method of secondary containment wherein hazardous substances can be detected by visual inspection or a monitoring system before it enters the environment.

"Leak detection system" means a method of detecting a leak in the space created by a method of secondary containment.

"Legal entity" means all public and private entities including all political subdivisions of the State such as counties and municipalities as well as utility authorities.

"Licensed site remediation professional" means a person defined as such pursuant to the Administrative Requirements for the Remediation of Contaminated Sites rules at N.J.A.C. 7:26C-1.3.

"Line leak detector" or "LLD" means a mechanical or electro-mechanical device that is fitted to the submersible turbine pump (STP) or associated pressurized product piping that is employed to detect a piping leak of three gallons per hour (gph) or greater at 10 psi.

"Lining" means a layer of non-corrodible material resistant to the hazardous substance stored and bonded firmly to the interior surface of the tank, pipe, line, fixture or other equipment.

"Liquid" means any material which has a fluidity greater than that of 300 penetration asphalt when tested in accordance with the ASTM D-5-97 Test for Penetration of Bituminous Materials. If not specified, liquid shall mean both combustible and noncombustible liquids.

"Liquid sensor" means an electro-mechanical device, typically used in conjunction with a monitoring system, which detects either the presence of water and/or the liquid phase of a hazardous substance.

"Maintenance" means the normal operational upkeep to prevent an underground storage tank system from releasing product.

"Modify" or "modification" means a revision, update, adjustment, correction or change in any information included in a facility's registration material.

"Monitoring system" means either a discharge detection system or leak detection system capable of detecting leaks or discharges, or both, other than an inventory control system, used in conjunction with an underground storage tank, or a facility conforming to criteria established in N.J.A.C. 7:14B-6.

"Motor fuel" means any petroleum or petroleum-based substance, such as motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, kerosene, or any grade of gasohol, that is typically used in the operation of any type of engine. This definition applies to blended petroleum motor fuels such as biodiesel and ethanol blends that contain petroleum or petroleum-based substances.

"New underground storage tank system" means an underground storage tank system that was installed on or after September 4, 1990.

"Nonoperational storage tank" means any underground storage tank in which hazardous substances are not contained or from which hazardous substances are not dispensed.

"Non-public water supply" means a water system that is not a public water system.

"Numbers 4, 5, and 6 fuel oil" means grades of fuel oil used for power generation or heating with properties listed with ASTM Specifications D-396 and 975.

"Occurrence" means a discharge from an underground storage tank system.

"Operational life" refers to the period beginning when installation of the tank system has commenced until the time the tank system is properly closed under N.J.A.C. 7:14B-9.

"Operational storage tank" means any underground storage tank in which hazardous substances are contained or from which hazardous substances are dispensed.

"Operator" means each person who leases, operates, controls, supervises, or has responsibility for, the daily operation of a facility, and each person who has the authority to operate, control, or supervise the daily operation of a facility. There may be more than one operator of an UST facility.

"Out of service storage tank" means any underground storage tank system in which hazardous substances are contained or have been contained, but from which hazardous substances are not or have not been introduced or dispensed pending a decision to close the system or begin reuse of the system.

"Overfill prevention" means the use of a mechanical or electrical device designed to restrict or stop the transfer of hazardous substances from a delivery vehicle to a tank or alert the operator that the tank is nearly full.

"Owner" means any person who owns a facility, or any person who has a legal or equitable title to a site containing a facility and has exercised control of the facility. In the case of a nonoperational storage tank, the person who owned the facility containing the nonoperational storage tank immediately prior to discontinuation of its use.

"Periodic" means the time period for renewal of a facility certification; the period may be one, two, or three years.

"Permanent employee" means any individual who is employed by a business firm for greater than two calendar months, working 20 hours or more per week.

"Permit" means an authorization or license or equivalent control document issued by the Department or its designee to implement the requirements of N.J.A.C. 7:14B-10.

"Person" means any individual or entity, including without limitation, a public or private corporation, company, estate, association, society, business firm, partnership, joint stock company, foreign individual or entity, interstate agency or authority, the United States and any of its political subdivisions, the State of New Jersey, or any of its political subdivisions, or any of the other meanings that apply to the common understanding of the term. "Person" shall, for the purpose of enforcement, also include a responsible corporate official, which includes a managing member of a limited liability company or a general partner of a partnership.

"Petroleum" or "petroleum products" means all hydrocarbons which are liquid at one atmosphere pressure (760 millimeters or 29.92 inches Hg) and temperatures between -20[degrees]F and 120[degrees]F (-29[degrees]C and 49[degrees]C), and all hydrocarbons which are discharged in a liquid state at or nearly at atmospheric pressure at temperatures in excess of 120[degrees]F (49[degrees]C) including, but not limited to, gasoline, kerosene, fuel oil, oil sludge, oil refuse, oil mixed with other wastes, crude oil, and purified hydrocarbons that have been refined, re-refined, or otherwise processed for the purpose of being burned as a fuel to produce heat or useable energy or which is suitable for use as a motor fuel or lubricant in the operation or maintenance of an engine.

"Petroleum marketing facility" means a facility where petroleum is produced or refined, or a facility that sells or transfers petroleum to other petroleum marketers or to the public.

"Piping" or "pipe" means any hollow cylinder or tubular conveyance which contains a hazardous substance or routinely contains a hazardous substance, is in contact with the ground and is constructed of nonearthen materials including any fill pipe, valves, elbows, joints, flanges and flexible connections. Piping does not include vent lines, vapor recovery lines or fittings located on top of the tank.

"Piping sump" means a liquid tight container designed to contain leaks from tank top fittings, pumps and associated equipment.

"Primary container" means the first level of containment which comes into immediate contact on its inner surface with the hazardous substance being contained (for example, single-walled tank).

"Product tight" means impervious to the hazardous substance contained or to be contained so as to prevent a release.

"Public community water system" means a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

"Public non-community water system" means a public water system that is not a community water system.

"Public water system" means a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves at least 25 individuals daily at least 60 days out of the year.

"Registration Certificate" means a control document issued by the department to implement the registration requirements of this Chapter.

"Regulated heating oil tank system" means any one or combination of tanks, including appurtenant pipes, lines, fixtures, and other related equipment, with a tank capacity of 2,001 gallons or more used to store heating oil for on-site consumption in a nonresidential building, the volume of which, including the volume of the appurtenant pipes, lines, fixtures, and other related equipment, is 10 percent or more below the ground.

"Regulated substance" means "hazardous substance."

"Release" means a leak or discharge.

"Release detection" means determining whether a release of a hazardous substance has occurred from the UST system into the environment or a leak has occurred into the interstitial space between the UST system and its secondary barrier or secondary containment around it.

"Release detection observation well" means an access point constructed of screen and casing used in conjunction with a monitoring system to detect a release of hazardous substance in the vapor or liquid phase which is stored in the underground storage tank system, for the operational life of the underground storage tank system.

"Remedial action" means remedial action as defined in the Technical Requirements for Site Remediation rules at N.J.A.C. 7:26E-1.8.

"Remedial investigation" means remedial investigation as defined in the Technical Requirements for Site Remediation rules at N.J.A.C. 7:26E-1.8.

"Remediation" or "remediate" means remediation or remediate as defined in the Technical Requirements for Site Remediation rules at N.J.A.C. 7:26E-1.8.

"Removal" or "removed" means an underground storage tank(s) that has been taken out of the ground and been disposed of in accordance with applicable local, State and Federal laws.

"Repair" means to restore to proper operating condition a tank, pipe, spill prevention equipment, overfill prevention equipment, corrosion protection equipment, release detection equipment, or other UST system component that has caused a release or a suspected release of product from the UST system or has failed to function properly.

"Residential building" means a single or multi-family dwelling, nursing home, trailer, condominium, boarding house, apartment house, or other structure designed and used primarily as a dwelling.

"Saturated zone" or "zone of saturation" means that part of the subsurface under greater than atmospheric pressure in which all voids are filled with water.

"Screen" means a pipe used to support the sides of a hole which allows the entrance of water, vapor, or other fluid into the hole.

"Secondary containment" or "secondarily contained" means an additional layer of impervious material creating a space wherein a leak of hazardous substances from an underground storage tank system may be detected before it enters the environment. This containment provides an interstitial space to be monitored for leaks. The term includes containment sumps when performing interstitial monitoring of piping.

"Site" means the contiguous piece of property at which a facility is located.

"Site investigation" means site investigation as defined in the Technical Requirements for Site Remediation rules at N.J.A.C. 7:26E-1.8.

"Spill prevention" means the use of a device on the fill pipe to prevent a discharge during the transfer of hazardous substances from a delivery vehicle to a tank.

"State Act" means 58:10A-21 et seq. and any amendments thereto.

"Substantial modification" means any construction at, or restoration, refurbishment or renovation of, an existing facility which increases or decreases the in-place storage capacity of the facility or alters the physical configuration or impairs or affects the physical integrity of the facility or its monitoring systems.

"Sump" means any pit or reservoir that meets the definition of an underground storage tank (including pipes, troughs or trenches connected to it) that serves to collect or contain a hazardous substance for no more than 48 hours.

"Swing joint" means a flexible connector device made of steel elbows and pipe nipples that allow movement in the piping run.

"Tank" means a stationary device designed to contain an accumulation of hazardous substances which is constructed of non-earthen materials (for example, concrete, steel, plastic) that provide structural support.

"Tank capacity" means the manufacturer's nominal tank size, when referring to a single tank. When referring to multiple tanks storing hazardous substances used for the same purpose at the same site within one of the following two categories: motor fuel and heating oil, the aggregate of the nominal tank sizes will be used to determine capacity.

"Test" means the testing of underground storage tanks in accordance with standards adopted by the Department.

"Transfer of ownership" means a change in the ownership of a facility.

"Treatment works" means a treatment works as defined within the New Jersey Pollutant Discharge Elimination System regulations at 7:14A-1.2.

"Under-dispenser containment" or "UDC" means containment device underneath a dispenser system designed to prevent leaks from the dispenser and piping within or above the UDC from reaching soil or ground water.

"Underground storage tank" means any one or combination of tanks as set forth in 7:14B-1.4, including appurtenant pipes, lines, fixtures, and other related equipment, used to contain an accumulation of hazardous substances, the volume of which, including the volume of the appurtenant pipes, lines, fixtures and other related equipment, is 10 percent or more beneath the surface of the ground.

"Underground storage tank" or "UST" means any one or combination of tanks as set forth in N.J.A.C. 7:14B-1.4, including appurtenant pipes, lines, fixtures, and other related equipment, used to contain an accumulation of hazardous substances, the volume of which, including the volume of the appurtenant pipes, lines, fixtures, and other related equipment, is 10 percent or more beneath the surface of the ground.

"Underground storage tank program" means the regulatory requirements and activities conducted pursuant to the authority of 58:10A-21 et seq.

"Underground storage tank system" or "tank system" means an underground storage tank and its associated ancillary equipment and containment system, if any.

"Underground storage tank registration certificate" or "UST registration certificate" means a certificate the Department issues authorizing an owner and operator to operate an UST facility pursuant to this chapter.

"Unknown source investigation" means an investigation involving the collection of soil and/or ground water samples to verify whether a facility is the source of a discharge.

"Unmanned facility" means a facility that does not have an attendant present during all hours of operation to respond to alarms or emergencies related to the UST system. Examples of unmanned facilities include, but are not limited to, card lock or card access fueling stations, telecommunication towers or utility transfer stations serviced by emergency generator USTs, and unattended UST systems located at industrial or governmental facilities.

"Unregulated heating oil tank system" means any one or combination of tanks, including appurtenant pipes, lines, fixtures, and other related equipment, used to contain an accumulation of heating oil (as defined at N.J.A.C. 7:26F-1.5) for on-site consumption in a residential building, or those tanks with a capacity of 2,000 gallons or less used to store heating oil (as defined at N.J.A.C. 7:26F-1.5) for on-site consumption in a nonresidential building, the volume of which, including the volume of the appurtenant pipes, lines, fixtures and other related equipment, is 10 percent or more below the ground.

"Unsaturated zone" means the subsurface zone containing water under a hydrostatic pressure less than atmospheric, including water held by capillary forces within the soil containing air or gases generally under atmospheric pressure. This zone is limited above by the ground surface and below by the upper surface of the zone of saturation.

"Upgrade" means the addition or retrofit of one or more systems, such as cathodic protection, lining, spill and overfill controls, or secondary containment, to improve the ability of an underground storage tank system to prevent the release of product.

"Use" means the filling, dispensing or storing of any hazardous substance from or in an underground storage tank system.

"Waste oil" means but is not limited to used oil and waste oil as defined in N.J.A.C. 7:26.

"Wastewater treatment tank" means a tank that is part of a wastewater treatment facility regulated under either section 402 or 307(b) of the Federal Water Pollution Control Act ( 33 U.S.C. §§ 1251 et seq.) and designed to receive and treat or stores an influent wastewater which contains a hazardous substance, or is regulated as a treatment works pursuant to N.J.A.C. 7:14A-1et seq.

"Wellhead protection area" means an aquifer area described in a plan view around a well, from within which ground water flows to the well and through which ground water pollution, if it occurs, may pose a significant threat to the water quality of the well. The wellhead protection area is delimited by the use of time-of-travel and hydrologic boundaries.

Notes

N.J. Admin. Code § 7:14B-1.6

Amended by 50 N.J.R. 409(a), effective 1/16/2018 Amended by 50 N.J.R. 1715(b), effective 8/6/2018