[HISTORY: Adopted by the Borough Council of the Borough of
Medford Lakes 11-9-2011 by Ord. No. 587. Amendments noted where
applicable.]
GENERAL REFERENCES
Storage and trash containers — See Ch. 202.
As used in this chapter, the following terms shall have the
meanings indicated:
An underground storage tank that is no longer in use, including
all ancillary parts, that remains intact or partially intact and underground
or partially underground.
The complete and final remediation of a UST site in accordance
with all applicable local, state, and/or federal laws, codes, and
regulations.
Closure in accordance with all applicable local, state, and/or
federal laws, codes, and regulations at the time of abandonment.
The intentional or unintentional uncontained release by any
means of hazardous substances into the environment.
All liquid (at ambient pressure and temperature) hydrocarbon
products, including but not limited to gasoline, fuel and diesel fuel,
and any other substance controlled and regulated as being toxic and
hazardous by the New Jersey Department of Environmental Protection
(DEP).
Any tank or combination of tanks including appurtenant pipes,
lines, fixtures and other related equipment used to store hazardous
substances underground or partially underground.
A.
All property owners of active USTs located within the Borough of
Medford Lakes shall file a registration certificate with the Borough
Clerk on a form prescribed by the Borough Clerk on or before June
30, 2012. All property owners shall be required to provide information
detailing the size, composition, approximate age, and location of
every UST located on said owner's property within the Borough.
The registration certificate shall include a sketch showing the location
of USTs on the property.
B.
Abandoned USTs.
(1)
All property owners of abandoned USTs located within the Borough
of Medford Lakes shall file a registration certificate with the Borough
Clerk on a form prescribed by the Borough Clerk on or before June
30, 2012. With the registration certificate, the property owner must
provide evidence of proper closure of the abandoned UST, as defined
above, prior to the issuance of a registration certificate.
(2)
If the property owner can not provide documentation confirming closure
of an abandoned UST, then the property owner shall have to provide
confirmation that there is no petroleum or ground contamination at
the location of the abandoned UST by means of a valid soil test from
a state certified laboratory, and comply with the standards for abandoning
a UST in place. (Property owners who are uncertain of the existence
or location of an abandoned UST can contract at their own expense
for ground screening services that assist in the search for abandoned
USTs.)
C.
Property owners with a registered active UST will be issued a permanent
Medford Lakes identification tag, embossed with a registration number
unique to that tank. This registration tag must be affixed to the
fill pipe associated with the storage tank in such a location as to
be visible to any distributor or retailer of fuel oil or other products
when filling the tank, and to any inspector authorized to perform
inspections of such tanks within the Borough of Medford Lakes.
D.
As of July 1, 2012, all retailers or distributors of petroleum or
other products shall be prohibited from delivering petroleum or other
products into a UST that does not have a Medford Lakes identification
tag, except that a retailer or distributor may make a one-time delivery
to a UST that does not have a Medford Lakes identification tag on
the condition that the retailer or distributor notify the Borough
of such delivery within two business days of such delivery. No subsequent
deliveries shall be made unless and until the UST bears the required
identification tag. Retailers or distributors who make delivery of
petroleum or other chemical products to a UST without notifying the
Borough of a one-time delivery to an unregistered UST within two days
of such delivery or to a UST that does not bear the identification
tag in accordance with the requirements herein shall be subject to
violation of this chapter.
E.
After the effective date,[1] all property owners in Medford Lakes with a registered
UST shall provide a change of ownership registration within 10 days
after the closing of a sale of property in Medford Lakes, signed by
both the seller and buyer. The change of ownership registration form
can be obtained from the Borough Clerk.
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2012.
A.
All tank removals shall be performed by a qualified license holder
in accordance with the New Jersey Administrative Code and the applicable
International Building Subcode.
B.
USTs which have soil tests or soil sampling with negative results
for any petroleum or contaminant discharge can be abandoned in-place.
Proper UST abandonment requires the use of good engineering practices,
including consideration of the future condition of the UST. Abandonment
in-place shall require:
(1)
A building permit issued by the Borough of Medford Lakes.
(2)
An abandonment process accomplished by a company or individual state
certified for that purpose.
(3)
The UST must be emptied and cleaned of all liquids, dangerous vapor
levels, and accumulated sludge.
(4)
In addition to emptying and cleaning the UST, the owner must empty
and clean all connecting lines; disconnect the suction inlet, gauge,
and vent lines, and cap the remaining piping.
(5)
The property owner must remove the fill-pipe.
(7)
After inspection and written Borough approval, the UST must be filled
with an acceptable solid, inert material such as sand, concrete slurry,
or commercial foams sold specifically for that purpose.
(8)
The property owner shall provide the Borough Clerk with all copies
of pertinent information and approvals specific to the abandoned UST,
at which time the Borough Clerk shall close out the building permit.
A.
Upon the effective date of this chapter,[1] all new installations of any UST shall require, at a minimum,
a UST constructed of fiberglass material and/or a multi-walled storage
tank. Installation shall require a new UST registration and a zoning
permit. The Borough reserves the right to deny a zoning permit for
a new UST installation that does not meet standards established by
the Building Code Official or other designee. Said standards may be
revised from time to time to reflect new product innovations and technology.
[1]
Editor's Note: This ordinance provided an effective date
of 1-1-2012.
B.
In the case of any new installation which is a removal and replacement
of a UST, the property owner will be required to submit results of
a soils test performed within the twelve-month period prior to the
application date before approval of a zoning permit for the new UST
will be granted. The soil test shall be in accordance with standards
established by the Code Enforcement Official, or other designee, specifically
for Medford Lakes. All samples must be tested by a state-certified
laboratory (field testing is not acceptable).
C.
Any exceptions to the above shall require a variance application
and Planning Board approval.
[Amended 4-23-2014 by Ord. No. 615]
Any person, firm, corporation, association or legal party whatsoever who or which shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under the general penalty provisions found at § 1-15 of this Code. This, however, shall not apply against any municipal employee or officer that authorizes action by permit or otherwise in the ordinary course of their duties.
