[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:
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.
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
The New Jersey Department of Environmental Protection.
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
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:
