On July 30, 1998, Governor Whitman signed legislation extending by five years the December 1998 deadline for compliance with mandatory upgrade requirements for certain underground storage tanks ("USTs"). The Act became effective immediately. The tanks affected by the new law, P.L. 1998, c.59, are non-residential USTs with more than 2,000 gallons in capacity used for storage of heating oil for on-site consumption.
However, owners and operators of tanks affected by the law are required to enter into a contract to have the tanks tested for leaks, using a method acceptable to the NJDEP, and a copy of the contract must be sent to NJDEP by December 22, 1998. The initial testing must be performed no later than August 31, 1999, with additional testing every 36 months thereafter. Test results must be submitted to NJDEP within 15 days of testing.
Another provision of the act postpones the deadline for submission of applications for loans or grants from the "Petroleum Underground Storage Tank Remediation, Upgrade and Closure Fund" until August 31, 1999 for those same tanks for which the compliance deadline has been extended.
Sponsors of the legislation were Senators C. Louis Bassano and Donald T. Di Francesco for Senate bill S-1159 and Assemblymen Paul Di Gaetano and Joseph Doria for Assembly bill A-2135.
