Current through Register Vol. 54, No. 7, April 4, 2022
Except as delineated in (e) below, immediately after a discharge commences, any
person or persons responsible for a discharge who knows or reasonably should
know of the discharge, shall immediately notify the Department at (877) WARN
DEP (927-6337). In the event that this number is inoperable, any person or
persons responsible for a discharge shall immediately notify the State Police
at (609) 882-2000.
received by the Department pursuant to (a) above within 15 minutes of the time
that the person responsible for a discharge knew, or reasonably should have
known, of the occurrence of a discharge shall be considered immediate. It shall
be presumed that notification received by the Department more than 15 minutes
after the person responsible for a discharge knew, or reasonably should have
known, of the discharge is not immediate. The person responsible for the
discharge may rebut this presumption by satisfying the requirement of
Any notification performed by any person
responsible for a discharge pursuant to (a) and (b) above shall include, but
not be limited to, the following information:
1. The name, title, affiliation, address and
telephone number of the person reporting the discharge;
The location of the discharge, with as
much specificity as the Department requests, and in any event with sufficient
specificity to enable the Department to direct its agents and employees and any
other person to the discharge site, including:
i. For discharges from sites located on land,
the name of the site, the street address, the municipality, and the
ii. For discharges on,
under or into water, the name of the water body, location of the discharge with
reference to a fixed point or points, and a description of the area which the
discharge may reach.
The common name of the hazardous substance(s) discharged;
4. An estimate of the quantity of each
hazardous substance discharged, including best estimates if the quantities are
5. The date and time at
which the discharge began, and whether the discharge is continuing,
intermittent or terminated;
actions such person proposes to take to contain, clean up and remove the
hazardous substance(s) discharged;
7. The name and address of any person
responsible for the discharge.
(d) A copy of the requirements of (c) above,
printed in a conspicuous format, shall be displayed by the owner or operator of
any vessel which is ordinarily docked in this State in a prominent place on the
bridge or pilot house of any such vessel.
A discharge which is not required to be
reported under any other State or federal statute, rule or regulation is not
required to be reported to the Department pursuant to (a) above provided the
discharge meets the conditions described in (e)1 or 3 below:
The discharge occurs at a facility for
which a DPCC and DCR plan pursuant to
, or a Risk Management Plan
pursuant to N.J.A.C. 7:31, or an Emergency Contingency Plan pursuant to
or a Facility Response
Plan pursuant to 40 CFR 112 has been approved; and
i. Has not entered any waters of the State or
hours of when any person responsible for the discharge knows or reasonably
should have known of the commencement of the discharge, is:
(1) Stopped and contained in conformance with
the approved plan in (e)1 above; and
(2) Cleaned up and removed, including any
contaminated soil, in accordance with the applicable State or Federal
regulations for cleanup and remediation, including the storage and disposal of
cleanup related materials; and
iii. The owner or operator of the facility
documents his or her actions in accordance with N.J.A.C. 7:26E, and maintains
records in accordance with
2. If the owner or operator determines that
all requirements of (e)1i and ii above cannot be met, the owner or operator
shall notify the Department immediately upon making such a determination, but
in any case, within 24 hours of when any person responsible for the discharge
knows or reasonably should have known of the discharge.
The discharge of transformer fluid from a
transformer which does not contain polychlorinated biphenyls in concentrations
of 50 parts per million or greater which either occurs during a state of
emergency declared by the Federal, State or local government, provided such
discharges are reported to the Department within 24 hours of the termination of
the state of emergency, or:
i. The discharge
is less than 25 gallons;
discharge has not entered any waters of the State, or any storm drain leading
to any waters of the State;
Within 24 hours of when any person responsible for the discharge knows or
reasonably should have known of the discharge, the discharge is cleaned up and
removed in accordance with the applicable State or Federal regulations for
cleanup and remediation, including the storage and disposal of cleanup related
iv. The person
responsible for the discharge documents his or her actions in accordance with
N.J.A.C. 7:26E, and maintains, and makes available for Department review at
either the person's or the Department's offices at the discretion of the
Department, such records for three years from the date of the
The following conditions shall be met in
order for any release of a hazardous substance consequent to a motor vehicle
accident to be considered a leak not requiring notification pursuant to (a)
1. The hazardous substance has not
entered any waters of the State, or any storm drain leading to any waters of
2. The hazardous
substance is contained on a paved roadway; and
3. Prior to its escape to lands or waters of
the State, the hazardous substance is cleaned up and removed in accordance with
the applicable State or federal regulations for cleanup and remediation,
including storage and disposal of cleanup related materials.
N.J. Admin. Code §
correction to (a).
See: 24 N.J.R. 581(a).
R.1996 d.462, effective 10/7/1996.
See: 28 N.J.R. 2730(a),
28 N.J.R. 4424(b).
Amended by R.2000 d.352, effective 8/21/2000.
See: 31 N.J.R. 3561(a), 32 N.J.R. 3091(a).
(a), amended Department phone number and in (e)3, substituted "50" for "500"
preceding "parts per million".
Amended by R.2007 d.93, effective
See: 38 N.J.R. 4285(a), 39 N.J.R. 1253(a).
Rewrote (c)5 and (d); in the introductory paragraph of (e),
substituted "A" for "For the purposes of this section, a"; in (e)1, inserted
"Facility"; and rewrote (e)1iii.
Administrative correction and
See: 46 N.J.R. 438(a).