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City of Passaic, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Passaic 6-9-2004 by Ord. No. 1618-04. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 259.
For purposes of this chapter, the following terms shall have the meanings indicated:
ABANDON, ABANDON IN PLACE, or ABANDONMENT IN PLACE
An underground storage tank rendered permanently nonoperational by following the procedures in American Petroleum Institute Recommended Practice 1604, "Removal and Disposal of Used Underground Storage Tanks," and left in the ground after site investigation in accordance with N.J.A.C. 7:14B-9.2.
DISCHARGE
An intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of a hazardous substance into the waters or onto or into the lands of the City of Passaic or the State of New Jersey
NJDEP
The New Jersey Department of Environmental Protection.
A. 
A device and appurtenant pipes, lines, fixtures, and other related equipment, the volume of which is 10% or more beneath the surface of the ground, which is designed to store heating oil for on-site consumption in a residential building; or
B. 
A device and appurtenant pipes, lines, fixtures, and other related equipment with a capacity of 2,000 gallons or less of which 10% or more is beneath the surface of the ground, which is designed to store heating oil for on-site consumption in a nonresidential building.
No person may abandon an underground storage tank which is located in a public sidewalk or right-of-way. No person may install a new or replace a removed underground storage tank which is located in a public sidewalk or right-of-way except as provided in § 257-5 of this chapter.
A. 
NJDEP notification. The owner of an underground storage tank shall immediately notify the NJDEP by calling 1-877-WARNDEP immediately upon discovering or being informed of the discovery of a discharge from an underground storage tank. The owner of the discharging underground storage tank shall conduct a remedial investigation and remedial action pursuant to N.J.A.C. §§ 7:26E-4 and 7:26E-6.
B. 
Removal of discharging underground storage tanks located in public sidewalks or rights-of-way. Whenever it is determined that an underground storage tank which is located in a public sidewalk or right-of-way has discharged, the property owner of the building served by such discharging underground storage tank shall take the following actions:
(1) 
Remove the discharging underground storage tank in accordance with American Petroleum Institute Recommended Practice 1604, "Removal and Disposal of Used Underground Petroleum Tanks," (1987 and November 28, 1990 Supplement) and New Jersey Uniform Construction Code Bulletin 95-1B Example B, as soon as practical after discovery of the discharge.
(2) 
Obtain necessary construction permits from the City of Passaic Division of Code Enforcement and the City of Passaic Division of Engineering prior to commencement of any UST removal work.
(3) 
Any contaminated soils shall also be removed and the excavation shall be backfilled with certified clean fill in accordance with N.J.A.C. § 7:14B-6.
(4) 
The property owner of the building served by the discharging underground storage tank shall notify the City Engineer and City Construction Official at least seven business days in advance of the date of the underground storage tank's removal so that the underground storage tank removal work may be inspected.
(5) 
The property owner of the building served by the discharging underground storage tank shall also be responsible for making all appropriate inquiry as to the presence of utilities in or near the sidewalk or right-of-way that may be impacted by the tank removal, including calling 1-800-272-1000 at least three full days prior to any excavation work for utility mark outs, and shall take all appropriate measures to ensure that the utilities are not interrupted, cut, or otherwise damaged in any way.
(6) 
The owner of the building formerly served by the removed underground storage tank shall submit a written report to the City Engineer and City Construction Official documenting and certifying that the discharging underground storage tank was removed, that soils along the bottom and sides of the excavation were sampled and inspected by an environmental consultant who is experienced in remedial investigation and remedial action activities, that any contaminated soils were removed, that no contamination remains, and that the excavation was backfilled with certified clean fill.
A. 
Transfer of buildings served by underground storage tanks located in public sidewalks or rights-of-way. Whenever a residential or nonresidential property served by an underground storage tank which is located in a public sidewalk or right-of-way is transferred, the owner of the residential or nonresidential property served by the underground storage tank shall perform soil sampling in accordance with the Technical Requirements for Site Remediation, N.J.A.C. § 7:26E-1 et seq., and shall also perform a leak detection test in accordance with methods approved by the National Work Group for Leak Detection Evaluations and listed at www.nwglde.org. The owner shall provide a copy of all testing reports to the buyer and the City Engineer and the City Construction Official.
B. 
In the event that the soil sampling and/or leak detection tests performed pursuant to Subsection A indicates that the underground storage tank has discharged, then the owner of the discharging underground storage tank shall remove the underground storage tank from the sidewalk or right-of-way in compliance with all the requirements of § 257-3, Required and remedial actions, of this chapter as soon as practical after discovery of the discharge.
A. 
Variance procedure. Only in the situation where it is clearly demonstrated to the satisfaction of the City Engineer in a report submitted and sealed by a professional engineer that there is no engineering alternative for the supply of energy to a residential or nonresidential building served by an underground storage tank located in a public sidewalk or right-of-way will the City allow the replacement of an existing underground storage tank located in a public sidewalk or right-of-way. Cost alone shall not be a sufficient basis on which to grant a variance from the requirements of this section.
B. 
Grant of variance. When the appropriate demonstration has been made and before the City grants a variance under this section, the property owner whose residential or nonresidential building will be sewed by the replacement underground storage tank located in a public sidewalk or right-of-way shall:
(1) 
Obtain all necessary permits prior to the commencement of any work;
(2) 
Submit engineering drawings on a survey showing the exact location of the replacement tank and all underground utilities;
(3) 
Ensure that all work complies with State of New Jersey Uniform Construction Code Bulletin 95-1A; and
(4) 
Purchase and pay in full in advance a pollution legal liability insurance policy in a form acceptable to the City with a $250,000 per occurrence and aggregate policy coverage limit, no deductible, and a twenty-five-year policy period naming the City of Passaic as the named insured.
Violation of any of the provisions of this chapter shall result in the owner of the underground storage tank:
A. 
Being liable for a fine in the amount of $1,250 per violation;
B. 
Being imprisoned in the county jail for a period of up to 90 days; and
C. 
Having to perform 90 days of community service.