New Jersey has stringent laws and regulations concerning the installation, maintenance, and removal of commercial oil tanks. These regulations aim to protect the environment, ensure public safety, and mitigate potential liability risks for property owners and businesses. Below is an overview of the key laws and requirements governing commercial oil tanks in the state.
Regulatory Authorities
Several state and federal agencies oversee commercial oil tank regulations in New Jersey, including:
- New Jersey Department of Environmental Protection (NJDEP) – Enforces underground storage tank (UST) regulations and oversees remediation programs.
- Environmental Protection Agency (EPA) – Establishes federal guidelines for oil storage and environmental protection.
- Local Municipalities and Fire Departments – Have additional ordinances governing oil tank installation and safety.
Key Regulations for Commercial Oil Tanks
1. Compliance with UST Regulations
- USTs storing petroleum products must adhere to the New Jersey Underground Storage Tank (UST) Regulations (N.J.A.C. 7:14B).
- Registration with NJDEP is mandatory for regulated USTs.
- USTs must have leak detection, corrosion protection, and spill/overfill prevention mechanisms.
2. Inspection and Maintenance Requirements
- Regular inspections and maintenance must be conducted to prevent leaks and spills.
- USTs are subject to periodic testing, including tightness testing and cathodic protection system checks.
- Owners must keep maintenance and compliance records for NJDEP audits.
3. Oil Tank Closure and Removal
- If a commercial oil tank is no longer in use, proper decommissioning is required.
- Tank closure must be performed by a licensed contractor following NJDEP guidelines.
- Soil and groundwater testing is required upon removal to assess contamination for commercial properties, residential heating oil tanks 2,000 gallons or larger and any size gasoline tanks.
If contamination is found, remediation must be conducted per NJDEP standards.
4. Installation and Permitting
- Commercial oil tanks must comply with both state and federal installation guidelines.
- Permits are required before installing underground or above-ground storage tanks (ASTs).
- Secondary containment measures, such as double-walled tanks and spill prevention equipment, are often required.
Environmental and Liability Considerations
- Property owners and businesses can face significant liability if an oil tank leak contaminates soil or groundwater.
- The Spill Compensation and Control Act holds responsible parties accountable for cleanup costs.
- Financial assistance may be available through state grants or reimbursement programs for cleanup and removal of USTs.
Compliance Best Practices
- Regularly inspect and maintain oil tanks to ensure compliance with regulations.
- Work with certified environmental consultants for tank testing and closure.
- Stay updated on state and local regulations to avoid fines and legal complications.
New Jersey’s commercial oil tank laws are designed to safeguard the environment and public health. Businesses and property owners must comply with stringent regulations regarding installation, maintenance, and removal to prevent contamination and legal liabilities. Staying informed and proactive in compliance efforts can help mitigate risks and ensure adherence to state and federal laws.
