July 17, 2025

DEP Info

A few weeks ago, we followed up on our Spring Member Conference by offering a few DEP-related notes to members that did not attend the conference.

Since then, we’ve answered a few random questions, and even sent out a notice last week that was passed along to us regarding many station owners who have not submitted their yearly tank registration (see below section). 

Following on that theme, we thought it appropriate to offer up a few additional selective notes for members to keep in mind as they traverse their own regulatory obligations. 

As we said a few weeks ago, we cannot reproduce an entire presentation in a weekly newsletter, but did want to highlight the following items, including: 

Continuous Interstitial Monitoring (affects only double walled tanks):
Background:

• Sensors are obviously placed between the inner and outer wall, but the exact location of the sensors will depend on how your tank was constructed.
• Your sensors monitored from your automatic tank gauge (ATG) such as your Veeder-Root System. 

Remember:

• As part of your leak detection system, the sensors must be certified annually. 
• Sensors are monitored as “normal” to avoid any alarms.  If an alarm is triggered, it must be investigated within 7 days to avoid violations. 
• As proof of having checked the alarm, remember to document the alarm and addressing the issue. This is done through the system (look to print or save a “liquid status report”). 

Release Detection Monitoring:

Background: 

• Regularly checking and testing for product leaks, with proper test-result recordkeeping to avoid violations.

Remember – Testing Regime:

Line Leak Detector (LLD) (tested annually): 

• Monitors fuel lines for leaks and are triggered by a drop in pressure.  A drop in pressure will indicate a leak. 
• A flow rate of 3.0 gallons per hour (gph) is the EPA standard (meaning the system will detect leaks of 3 gph or greater to trigger an alarm). Line leak detection is typically done at set intervals or dispense cycles. 
• Some systems will have electronic line leak detection (ELLD) which might have the capacity to detect smaller leaks. 
• If there is a line leak of 3.0 gph or more, an alarm will be triggered, the incident will be recorded within your system, and/or the fuel pump will automatically be shut down to prevent further fuel losses.
• Some systems might also have a Pressurized Line Leak Detection (PLLD), which monitors more than the 3.0 gph leak detection. 
  • PLLD is an electronic system that will detect leaks in pressurized lines, including 0.2 and 0.1 gph tests during dispensing for more sensitive leak detection. However, this does not meet the requirements for an annual line test!\

Line Tightness Test (annual test, single wall piping): 

• Monitors and confirms piping system integrity by detecting leaks. This is done by pressurizing the lines above normal operating pressure, and looking for pressure drops (which could mean there is a leak). 
  • If the tightness test is done right, it will detect a leak rate of at least 0.1 gallons per hour (the EPA standard). 
• Keep in mind, this will note count for primary leak detection testing on lines that are required to do Continuous Interstitial Monitoring (but it can be used as a back-up). 

Continuous Interstitial (double wall piping only): 

• This is mandatory for piping installed after September 4, 1990, or was using/registered as using interstitial on/after January 16, 2018. 
• Tests secondary containment, with sensors affixed to the bottom of a sump.
• When doing testing, boots MUST be loose or opened. 

Sump Testing (tested every three years): 

• This includes all sumps, transitions, and dispense pans where continuous interstitial monitory is used.
• When testing, isolate sumps from the lines; test boots must be installed and closed during the testing. 
• Test to 4 inches above the highest penetration of the sump. 
  • Low level testing is permitted for submersible turbine pump (STP) or under dispenser containment (UDC), provided the site is equipped with and maintaining positive shutdown of the STP. 
• If a sump test fails:
  • Repairs must be made within 30 days of the test failure.
  • Longer than 30 days is at the discretion of the DEP on a case by case basis (with a signed ACO). 
• Sump Tests are NOT required, if:
  • Single wall piping system
  • European suction system
  • When sump is double walled AND continuously monitored by pressure, vacuum, or liquid

Nothing is better than getting this information in real time. The above are some useful notes and good reinforcements to your testing regime. 

Did you know all these highlights? Do you have any questions? Please let us know!

Murphy Flood Rules Amended, Still Excessive

This week the DEP Commissioner announced that he would be amending the controversial land use rules they proposed over 2 years ago. The PACT-REAL (Protecting Against Climate Threats–Resilient Environments and Landscapes) rule significantly increases the area of the state subject to development restrictions based on the risk of flooding. 

The original proposal would have added restrictions based on an assumption of a 5-foot sea level rise in the year 2100. In addition to the problem of restricting construction (including substantial site modifications) today based on a threat 75 years in the future, the modeling the DEP was relying on was also an outlier, predicting far worse outcomes than virtually anyone else in the country. Properties along the coast were the most significantly affected, but also properties near rivers further north, especially in southern Bergen County. 

Business groups, Builders groups, and about 200 of the state’s Mayors were all opposed to the plan. Even if a current business owner has no plans to substantially renovate their property, these restrictions would tie the hands of future potential owners, and therefore make your property less valuable than it is now. 

While the DEP is backing down, unfortunately it is only by a little. They are merely reducing the sea level rise estimate to 4 feet. A more reasonable estimate is 2 feet. At this point, the hope is that whoever the next Governor is will adopt a more reasonable framework once they take office in January. 

Reminder: DEP Registrations being missed

Our contacts at DEP have recently tipped us off that the number of stations who submitted their tank registrations before the June 30th cycle deadline is way off. That is to say, there is a larger-than-normal number of station owners who did not submit their FCQ by the deadline, and they are likely to face enforcement action (and a delivery ban) for non-compliance.

To put that into fuller perspective, you’ll recall that the FCQ submission is done on a rotating quarterly basis. Every three months, a new group of station owners must submit their applications, based entirely on the county in which they operate.

The fact that R&B warned C/E about this shortfall before the deadline makes a great deal of sense. As we reported last week (and as was mentioned to those who came and participated in our Spring Member Conference), about half of all enforcement actions can be traced back to an administrative problem–with incomplete or non-submitted tank registrations being the biggest single infraction.

The tip-off from C/E does not mean that our members are specifically being lax in their obligations. After all, DEP doesn’t know who all our members are; and we sincerely believe that our members are better informed than most of the run-of-the-mill station owners operating in New Jersey. However, they did ask us to update everyone on the registration shortfall in the hope that someone reading this forgot about their registration and blew past the deadline.

If you operate in one of the counties that was to submit their application by the June 30th deadline (Camden, Hudson, Ocean, Union, Warren), and you have not done so already, you need to do so ASAP! Inspectors from C/E are likely coming to visit stations who blew past the deadline soon. If you missed the deadline, but get your application in now, you won’t escape getting fined, but will likely avoid getting a delivery ban (you’ll probably get a 30-day temporary certificate to allow you to continue operating while your application is processed).

Remember, all FCQs/tank registrations must be submitted online at NJDEP Online portal HERE, and paper copies are no longer accepted.

If you are in this situation and need some assistance, please feel free to contact Nick at nick@njgca.org with any questions.

Rack Averages

News Worth Knowing:

Member Benefit Partner (MBP) Spotlight: CBIZ Insurance Services

Why CBIZ Insurance? CBIZ represents the finest companies in the industry and is positioned to negotiate with the most competitive insurance carriers. As a leader in the auto service/fuel dealers industry, we continue to provide solutions for service stations, c-stores, car washes, repair shops, auto body shops and wholesalers. We understand how to provide a cost effective, flexible and comprehensive insurance program for your business including a dividend program available to NJGCA members.

Multiple Services with a Single Focus: Your Success
Growth and Success. Efficiency and Profitability. It’s likely these goals are top priorities for your business. It is also likely that the daily distractions of financial and employee issues diminish your ability to focus on those goals. CBIZ enables you to dedicate your time to critical business matters by providing custom solutions that help you manage your finances and employees. We offer clients exceptional quality and diverse capabilities with the personal attention your business needs and deserves, all with a single focus: your success.

Contact: Peter Gudzak Phone: 732-581-6001 Email: PGudzak@cbiz.com Web: www.cbiz.com 

Available Real Estate

Cape Harbor Shell

795 Route 109, Unit B, Lower Township, NJ, 08204

Contact: Jerry 609-425-8837 capeharborshell@comcast.net 

Our Road Warrior newsletter is brought to you by the following Member Benefit Partners: