Clarifies procedures for maintenance of underground storage tanks.

A4168

ASSEMBLY, No. 4168

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblyman� CHRIS TULLY

District 38 (Bergen)

SYNOPSIS

���� Clarifies procedures for maintenance of underground
storage tanks.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning compliance with certain underground storage
tank regulations and amending and supplementing P.L.1986, c.102.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 5 of P.L.1986,
c.102 (C.58:10A-25) is amended to read as follows:

���� 5.� 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 the rules
and regulations adopted by the department pursuant to this section within 60
days.�

����
d.� Within twelve months of
the effective date of P.L.�� , c.�� (C.� ) (pending before the Legislature as
this bill), the Commissioner of Environmental Protection shall establish rules
and regulations that require the owner or operator of a facility to designate
on the facility�s registration certificate the individual or entity responsible
for compliance with maintenance standards and for undertaking any corrective
actions required under Section 5 of P.L.1986, c.102 (C.58:10A-21 et seq.).

(cf: P.L.1994, c.14, s.2)

���� 2.��� Section 8 of P.L.1986,
c.102 (C.58:10A-28) is amended as follows:

���� 8.� a.� If the inventory
records maintained pursuant to section 7 of this act or a monitoring system
indicates a leak or discharge, the owner or operator of the facility shall,
within 24 hours of discovery, notify the department and the appropriate local
health agencies of the leak or discharge.

���� b.� Upon notification, the
department shall promptly conduct an inspection to determine the extent and
impacts of the leak or discharge.�

���� c.� Upon a finding that the
leak or discharge is not an imminent threat to the proximate groundwater
resources or public health or safety, the commissioner shall order the owner of
the underground storage tank to remove, replace, or repair the underground
storage tank, establish a date by which the removal, replacement, or repair
shall be effected, and take any other action, or require the owner of the tank
to take any action, necessary to abate, contain, clean up, or remove, or any
combination thereof, the leak or discharge.�

���� d.� Upon a finding that the
leak or discharge has entered or threatens groundwater resources or public
health or safety, the commissioner shall order the immediate removal of the
contents of the underground storage tank, and shall take, or require the owner
of the underground storage tank to take, all other appropriate actions
necessary to abate, contain, clean up, or remove, or any combination thereof,
the discharge.�
Should the leak or discharge not be abated, contained,
removed, or remediated within 14 days, the individual identified as responsible
for compliance with maintenance standards and undertaking corrective actions
shall be liable to the department in treble damages, pursuant to subsection b.
of section 3 of P.L.��� , c.���� (C.������� ) (pending before the Legislature
as this bill).

���� e.� If the commissioner
provides for the removal, replacement or repair of an underground storage tank
by any person other than the owner, or takes other appropriate actions
necessary to mitigate the adverse effects of a leak or discharge, the costs of
these measures shall be borne by the
[
owner
]
individual
identified as responsible for� compliance with maintenance standards and
corrective actions taken in response to a leak or discharge from

[
of
]
the
underground storage tank.��

(cf: P.L.1991, c.1, s.2.)

���� 3.��� (New section) a.�
Notwithstanding the provisions of P.L.1995, c.296 (C.13:1D-125 et seq.), or any
other law, rule, or regulation, to the contrary, in any enforcement action
taken by the department against the individual responsible for an underground
storage tank facility, pursuant to P.L.1986, c.102 (C.58:10A-21 et seq.), an
individual responsible for the underground storage tank facility must take the
appropriate corrective action and achieve compliance with the rules and
regulations established pursuant to section 5 of P.L.1986, c.102 (C.58:10A-25)
within 14 days of the findings of the inspection, regardless of the violation�s
designation as a violation of environmental laws in accordance with P.L.1995,
c.296 (C.13:1D-125 et seq.).

���� b.� Should the violation be
designated by the department as a non-minor violation of environmental laws,
pursuant to section 5 of P.L.1995, c.296 (C.13:1D-129), and should the
violation not be remedied within 14 days, the individual identified as responsible
for compliance with maintenance standards and undertaking corrective actions
taken in response to a leak or discharge from an underground storage tank, required
under section 5 of P.L.1986, c.102 (C.58:10A-25.), shall be liable in treble
damages to the department, in accordance with the penalties established by the
department pursuant to section 10 of P.L. 1977, c.74 (C. 58:10A-10).

���� c.� Nothing in this section
shall prohibit the department from instituting a delivery ban at an underground
storage tank facility.

���� 4. This act shall take effect
immediately.

STATEMENT

���� This bill would require owners
of underground storage tanks to designate on a facility�s registration
certificate which party is initially responsible for compliance with
maintenance standards and undertaking corrective actions in response to an
enforcement action by the department.� The bill directs the Commissioner of
Environmental Protection to adopt implementing rules and regulations within
twelve months of the date of enactment.��

���� Specifically, the bill
stipulates a 14 day period within which individuals responsible for underground
storage tanks are required to take the appropriate corrective action, provided
that the noncompliance is determined by the department to be an imminent threat
to proximate groundwater resources or public health and safety.� All
responsible parties that fail to comply with the department�s enforcement
action within the 14 day period are to be held liable to the department in
treble damages.