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 rendered permanently nonoperational by following the procedures in American Petroleum Institute Recommended Practice 1604, "Closure of Underground Petroleum Storage Tanks," 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.
"Amendment to certification" means any change of the certification for the purpose of correction, addition or deletion of information.
"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.
"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 N.J.S.A. 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.
"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 Department of Environmental Protection.
"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.
"Contaminant" means any discharged hazardous substance.
"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 sump" means a liquid tight container designed to contain leaks from dispensers, pumps and associated fittings.
"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 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 periodic renewal of the registration of a facility with the Department pursuant to this chapter.
"Farm" means "farm" as defined in the Farmland Assessment Act of 1964, N.J.S.A. 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, (N.J.S.A. 54:4-23.1 et seq.), and including fish hatcheries, rangeland, and nurseries with growing operations.
"Final remediation document" means a document defined as such pursuant to the Administrative Requirements for the Remediation of Contaminated Sites rules at N.J.A.C. 7:26C-1.3.
"Financial responsibility assurance" means the assurance, through one or more allowable mechanisms pursuant to N.J.A.C. 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 product" means a nonaqueous phase liquid present in concentrations greater than a contaminant's residual saturation point, with a positive pressure such that the material can flow.
"Hazardous substances" means:
1. Motor fuel;
2. Petroleum products which are liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute);
3. All substances which 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, diesel and kerosene of any grade or type used to heat residential, industrial or commercial premises.
"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.
"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.
"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 a monitoring system which detects the liquid phase of a hazardous substance.
"Modify" or "modification" means a revision, update, adjustment. correction or change in any information included in a facility's registration material.
"Monitor well" means a well used to observe the elevation of the water table or potentiometric surface, or to determine water quality in an aquifer.
"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 product that includes, but is not limited to, all grades of gasoline, diesel fuel and kerosene used in the operation of any type of engine.
"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.
"Officer" means an officer as defined in N.J.S.A. 14A:6-15.
"Operational storage tank" means any underground storage tank in which hazardous substances are contained or from which hazardous substances are dispensed.
"Operator" means any person who leases, operates, controls, supervises or has responsibility for, the daily operation of a facility, or any person who has the authority to operate, control or supervise the daily operation of a 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, 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 the political subdivisions of or found within the State of New Jersey, or any of the other meanings which apply to the common understanding of the term.
"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 ° F and 120 ° F (-29 ° C and 49 ° C), and all hydrocarbons which are discharged in a liquid state at or nearly at atmospheric pressure at temperatures in excess of 120 ° F (49 ° 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.
"Release" means a leak or discharge.
"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 N.J.A.C. 7:26E.
"Remedial investigation" means remedial investigation as defined in 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.
"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" 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.
"Site" means the contiguous piece of property at which a facility is located.
"Site investigation" means site investigation as defined in 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 P.L. 1986, c. 102 (codified at N.J.S.A. 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.
"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 N.J.A.C. 7:14A-1.2.
"Underground storage tank" 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 N.J.S.A. 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.
"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 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 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.
"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 receives and treats 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-1 et seq.
"Wellhead protection area" means:
1. The area within a 2,000 foot radius surrounding a public community or public noncommunity water system well when there is an underground storage tank containing gasoline or nonpetroleum hazardous substances located within that area; or
2. The area within a 750 foot radius surrounding a public community or public noncommunity water system well when there is an underground storage tank containing petroleum products other than gasoline located within that area.
Amended by R. 1990 d. 443, effective September 4, 1990. See: 21 N.J.R. 2242(a), 22 N.J.R. 2758(a). Definitions for temporary, extended and long-term out of service deleted; definitions amended and added to conform to new subchapters 4-12 and 15. Petition for Rulemaking: Request the repeal of the definition "Tank capacity"; denied. See: 23 N.J.R. 3534(b), 23 N.J.R. 3825(c). Amended by R. 1994 d. 98, effective February 22, 1994. See: 25 N.J.R. 1363(a), 26 N.J.R. J 132(a). Amended by R. 1997 d. 487, effective November 17, 1997. See: 29 N.J.R. 1593(a), 29 N.J.R. 4866(a). Amended "Abandon in place", "Annular space", "Discharge", "Discharge detection system", "Existing underground storage tank system", "Free product". "Hazardous substances", "New underground storage lank system", "Operator", "Owner", "Person". "Piping", "Sump", and "Tank capacity"; added "Amendment to certification", "Business firm". "Contaminant". "Entire piping run", "Financial responsibility assurance", "Officer". "Out of service storage tank". "Overfill prevention", "Permanent employee", "Release detection observation well", "Remedial action". "Spill prevention". "Treatment works", "Waste oil", and "Wellhead protection area", and deleted "Cathodic Protection tester". "Corrosion expert", "Discharge detection observation well", "Exposure assessment", "Field constructed tank", "Holiday". "Liquid level indicator", "Liquid trap", "Membrane liner". "Piping containment chambers", "Potential receptor", "Pressure loss sensor". "Qualified Ground Water Consultant". "Stage", "Standard reporting form", "Surface impoundment". "U-tube", "Vacuum loss sensor". "Vadosc zone". "Vapor sensor", "Volatile organic substance", and "Water table". Amended by R. 2003 d. 197, effective May 19, 2003. See: 34 N.J.R. 4024(a), 35 N.J.R. 2304(a). Added "Annual aggregate". "Dispenser sump", "Occurrence", "Petroleum marketing facility" and "Piping sump"; rewrote "Abandon in place" or "abandonment in place" or "abandonment in place"; in "Liquid", substituted "ASTM D-5-97" for "ASTM D-5-78" preceding "Test" and substituted "of for "for" preceding "Bituminous". Special amendment, R. 2006 d. 383, effective October 3, 2006 (to expire April 3, 2008). See: 38 N.J.R. 4748(a). See: 38 N.J.R. 4748(a). Inserted definitions "Farm" and "Unregulated heating oil tank system". Provisions of R. 2006 d. 383 were readopted without change by R. 2008 d. 322, effective September 30, 2008. See: 40 N.J.R. 2166(a), 40 N.J.R. 6440(a). Special amendment, R. 2009 d. 361, effective November 4, 2009 (to expire May 4, 2011). See: 41 N.J.R. 4467(a). Added definitions "Final remediation document" and "Licensed site remediation professional". Readoption of special amendment, R. 2011 d. 251, effective September 8, 2011. See: 43 N.J.R. 1077(a), 43 N.J.R. 2581(b). Provisions of R. 2009 d. 361 readopted without change.