N.J. Admin. Code § 7:1E-2.6

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:1E-2.6 - Facility drainage and secondary containment

(a) All portions or areas of a major facility in which hazardous substances are routinely refined, produced, stored, held, handled, processed, or transferred shall be designed so that any leak will be prevented from becoming a discharge.

(b) Secondary containment or diversion structures to prevent leaked hazardous substances from becoming discharges include:

1. Dikes, berms or retaining walls;

2. Curbing;

3. Gutters, culverts and drainage systems;

4. Diversion ponds, lagoons, retention basins, holding tanks, sumps, slop tanks and other collecting systems;

5. Drip pans; or

6. Other equivalent means approved by the Department.

(c) Secondary containment or diversion systems, structures or equipment shall meet the following standards:

1. The secondary containment or diversion system must block all probable routes by which leaked hazardous substances could reasonably be expected to become discharges;

2. The capacity of the secondary containment or diversion system shall include an additional capacity to accommodate six inches of rainwater, if the secondary containment or diversion structure is located such that rainwater could accumulate in it, and shall be:

i. For storage areas, the volume of the largest tank or container within the area;

ii. For tank car or tank truck loading/unloading areas, the volume of the largest compartment in any tank car or tank truck utilizing the area;

iii. For buried pipes, the maximum volumetric flow rate multiplied by the maximum amount of time between the detection of a leak and the shutdown of the pipe; or

iv. For process areas, the volume of the largest piece of equipment in the area, or the maximum volumetric flow rate through the area multiplied by the maximum amount of time between the detection of a leak and the shutdown of the system, whichever is greater;

3. All components of the secondary containment or diversion system shall be made of or lined with impermeable materials, which must be maintained in an impermeable condition. Existing systems for existing aboveground storage tanks are exempt from this requirement if the existing system:

i. Can protect ground water for the period of time needed to clean up and remove a leak, up to the entire volume of the largest tank utilizing the system. The Department may require evidence of the ability of the secondary containment or diversion system to protect ground water, including, but not limited to, soil permeability testing, measurements of the depth to ground water beneath the secondary containment or diversion system, and response times for cleaning up a leak of the entire contents of the largest tank utilizing the system;

ii. Allows the visual detection of leaks; and

iii. Is inspected daily in accordance with 7:1E-2.10;

4. No process area, loading or unloading area, diked storage area or other storage area, or secondary containment or diversion system appurtenant thereto shall drain into a watercourse, or into a ditch, sewer, pipe or storm drain that leads directly or indirectly into a watercourse or public sewage treatment plant, unless provision is made to:

i. Retain, by valves or other positive means, any accumulated precipitation until it can be ascertained to the satisfaction of the Department that no hazardous substances will be discharged to the environment; or

ii. Intercept any leaked hazardous substances in a permitted industrial wastewater treatment or pretreatment facility or other facility operated in accordance with a valid and effective NJPDES or NPDES permit;

5. Diversion systems must be designed to handle the reasonably expected flow rate from a leak into them;

6. Incompatible materials shall not be stored within the same containment area if there is a substantial likelihood of them mixing in the event of leakage. This restriction does not apply to process areas where the substances are brought into proximity as part of a production process; and

7. Secondary containment systems shall not be used as backup storage systems nor for any other purpose that would impair their capacity to contain leaks.

N.J. Admin. Code § 7:1E-2.6

Amended by R.1996 d.462, effective 10/7/1996.
See: 28 N.J.R. 2730(a), 28 N.J.R. 4424(b).
Amended by R.2001 d.355, effective 10/1/2001.
See: 33 N.J.R. 1255(a), 33 N.J.R. 3518(a).
Rewrote (c)4i.
Amended by R.2007 d.93, effective 4/2/2007.
See: 38 N.J.R. 4285(a), 39 N.J.R. 1253(a).
In the introductory paragraph of (b), substituted "Secondary" for "Impermeable secondary"; in (c)1, substituted "secondary" for "second"; rewrote (c)2i, in (c)2iv, inserted "maximum" preceding "volumetric"; in (c)3i, inserted the final sentence; rewrote (c)3iii and (c)5; in (c)7, deleted the former first sentence; and deleted (d).