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.
UNDERGROUND STORAGE TANK(S), TANK, or UST
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.
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.