Current through Register Vol. 54, No. 7, April 4, 2022
person shall cause, suffer, allow or permit a discharge of a hazardous
(b) Major facilities, as
defined in 7:1E-1.6, are required to meet the
standards of this chapter. The Department shall grant the owner or operator of
a major facility a reasonable period of time, in light of all circumstances
including economic feasibility, to upgrade existing equipment and procedures to
meet the standards of N.J.A.C. 7:1E-2, excluding the requirements of
2.16, if the major facility proves to the satisfaction of the Department that
such a time period is needed. The rate of such upgrading shall be proposed by
the owner or operator as part of the DPCC and DCR plans submitted pursuant to
N.J.A.C. 7:1E-4. New equipment and procedures shall meet the standards of
N.J.A.C. 7:1E-2 prior to being placed into service.
(c) A non-major facility which adds storage
capacity so as to become a major facility shall be considered a major
(d) The Department may
require of any major facility which has been granted a period to upgrade, the
installation of alternative prevention and/or detection devices such as alarms,
so as to minimize the chances of a discharge, and may, in addition, require the
owner or operator of such a major facility to demonstrate an enhanced ability
to prevent, expeditiously contain and/or clean up and remove a discharge from
the portion of the facility to which a time period to upgrade has been granted.
If the Department requires the installation of alternative prevention and/or
detection devices, the owner or operator shall propose the devices to be used,
subject to the Department's approval.
(e) The Department recognizes that the
designs of major facilities differ, and, therefore, appropriate methods of
discharge prevention are necessarily site-specific. Wherever in these rules a
particular method of discharge prevention is mandated, the owner or operator of
a major facility may substitute an alternate method if he or she can
demonstrate to the satisfaction of the Department that such alternate method
will provide protection against discharges at least equivalent to the method it
is intended to replace.
N.J. Admin. Code §
Amended by R.1996 d.252,
See: 27 N.J.R. 2337(a), 27 N.J.R. 2882(a),
28 N.J.R. 2858(a).
Amended by R.2000 d.352, effective 8/21/2000.
See: 31 N.J.R. 3561(a), 32 N.J.R. 3091(a).
(b), inserted reference to existing equipment and procedures in second sentence
and added last sentence.
Amended by R.2001 d.355, effective
See: 33 N.J.R. 1255(a), 33 N.J.R. 3518(a).
In (b), deleted "and 2.2(a)" and inserted "6, and 7," following
Amended by R.2007 d.93, effective 4/2/2007.
See: 38 N.J.R. 4285(a), 39 N.J.R. 1253(a).
In (b), substituted "and 2.16" for ", 5, 6, and