New Jersey § 58:10a-24

§ 58:10a-24.

a. Except as provided in subsection b. of this section, a person shall not perform,

except in accordance with the provisions of this act, tank services on an underground

storage tank at an underground storage tank site required for purposes of complying

with the provisions of P.L.1986, c. 102 ( C.58:10A-21 et seq. ), including, but not limited to, tank testing, tank installation, tank removal, tank

repair, installation of monitoring systems, and subsurface evaluations for corrective

action, closure, and corrosivity. Except as provided in subsection b. of this section, a person shall not perform, except

in compliance with the provisions of this act, tank testing, tank installation, tank

removal, tank closure, or subsurface evaluations for corrective action, closure or

corrosivity on an unregulated heating oil tank. Routine maintenance performed on appurtenant pipes, lines, fixtures, and other related

equipment on an unregulated heating oil tank may be performed by a person who is not

certified pursuant to section 3 of P.L.1991, c. 123 ( C.58:10A-24.3 ). b. Subsection a. of this section shall not apply to a person performing tank closure

on an underground storage tank located on a farm or an unregulated heating oil tank located on a farm. A person performing tank closure on an underground storage tank located on a farm or an unregulated heating oil tank located on a farm shall comply with the guidelines and the criteria established pursuant

to subsection c. of this section. For the purposes of this section, “ farm ” shall mean land that qualifies for a special tax assessment pursuant to the “Farmland

Assessment Act of 1964,” P.L.1964, c. 48 ( C.54:4-23.1 et seq. ), or any land less than five acres in area that would otherwise qualify for that

farmland assessment and that has produced agricultural or horticultural products with

a wholesale value of $10,000 or more annually for at least the two successive years

immediately preceding the year in which the tank removal is performed. c. Within 90 days of the effective date of P.L.1997, c. 430, the department shall implement guidelines establishing a protocol for the performance

of tank closures on a farm. Within 18 months of the effective date of P.L.1997, c. 430, the Department of Environmental Protection, in consultation with the Department of

Agriculture and the State Soil Conservation Committee, shall, pursuant to the “Administrative

Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), adopt criteria for the performance of tank closures on farms. Both the guidelines and the criteria shall be developed with the objectives of reducing

the cost and increasing the efficiency of the process of tank closure while also ensuring

environmental protection and public safety.