New Jersey § 58:10a-25

§ 58:10a-25.

a. The commissioner shall, within one year of the effective date of P.L.1986, c. 102 ( C.58:10A-21 et seq. ) , adopt, pursuant to the “Administrative Procedure Act,” rules and regulations which: (1) Establish a schedule for the testing of all facilities, taking into account the

age of the underground storage tank, the hazardous substance stored therein, the proximity

of the underground storage tank to potable water supplies, and the soil resistivity

and other corrosive conditions which may precipitate a discharge, and for the periodic

testing for structural integrity of facilities utilizing secondary containment which

do not incorporate a monitoring system, and the reporting of results thereof to the

department ; (2) Establish standards for the construction, installation, and operation of new and existing

underground storage tanks, including standards for secondary containment, monitoring

systems, release detection systems, corrosion protection, spill prevention, and overfill

prevention, and other underground storage tank equipment. The standards adopted pursuant to this paragraph shall be substantially identical

to the relevant standards adopted by the United States Environmental Protection Agency

pursuant to 42 U.S.C. s.6991 et seq. for the regulation of underground storage tanks. The standards adopted by the department for any underground storage tank not regulated

pursuant to 42 U.S.C. s.6991 et seq. shall not be more stringent than the standards adopted by the United States Environmental

Protection Agency for underground storage tanks regulated pursuant to 42 U.S.C. s.6991 et seq. Notwithstanding any other provision in this paragraph to the contrary, standards

adopted by the department for any underground storage tank located in a wellhead protection

area may be more stringent than the standards adopted by the United States Environmental

Protection Agency for underground storage tanks pursuant to 42 U.S.C. s.6991 et seq. ; (3) (Deleted by amendment, P.L.1994, c. 14 ). (4) Require the maintaining of records of any monitoring or leak detection system,

inventory control system or underground storage tank testing system ; (5) Require the reporting of any discharges and the corrective action taken in response

to a discharge from an underground storage tank ; (6) Require the taking of corrective action in response to a discharge from an underground

storage tank by the owner or operator of the underground storage tank ; (7) Require the owner or operator of an underground storage tank to prepare plans

for the closure of an underground storage tank to prevent the future discharge of

hazardous substances into the environment ; (8) Require the maintaining of evidence of financial responsibility for taking corrective

action and compensating third parties for bodily injury and property damage caused

by a discharge ; and (9) (Deleted by amendment, P.L.1994, c. 14 ). (10) Require the notification of the department and local agencies of the existence

of any operational or nonoperational underground storage tanks. b. In developing the regulations required pursuant to this section the department

shall consider the regulations concerning underground storage tanks adopted by the

United States Environmental Protection Agency pursuant to the “Hazardous and Solid

Waste Amendments of 1984,” Pub.L. 98-616 ( 42 U.S.C. s.6991 et al.) and shall use the recommendations and standard procedures of the following

organizations: (1) American Petroleum Institute (API), 1220 L Street, N.W., Washington, D.C. 20005; (2) American Society for Testing and Materials (ASTM), 1916 Race Street, Philadelphia,

Pennsylvania 19103; (3) NACE International , P.O. Box 218340, Houston, Texas 77218; (4) National Fire Protection Association (NFPA), 1 Batterymarch Park, P.O. Box 9101, Quincy, Massachusetts 02269; and (5) Underwriters Laboratories (UL), 333 Pfingston Road, Northbrook, Illinois 60062. c. The Department of Community Affairs shall adopt in the State Uniform Construction

Code 1 the rules and regulations adopted by the department pursuant to this section within

60 days. 1

N.J.S.A. § 52:27D-119 et seq.