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What to Do if You Receive an NJDEP Notice of Violation

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If you own or operate an underground storage tank (UST) in New Jersey, staying in compliance with state environmental regulations is essential. The New Jersey Department of Environmental Protection (NJDEP) enforces strict guidelines to prevent contamination and protect public health. If you receive an NJDEP Notice of Violation (NOV), it is crucial to act promptly to mitigate potential penalties and bring your UST system back into compliance. Read on for general guidance about what to do if you receive an NOV from NJDEP. For immediate assistance, contact the underground storage tank professionals at Herbert Lutz & Company, where we handle the full range of UST compliance testing required by NJDEP to keep you in business and avoid costly fines and violations.

Understanding an NJDEP Notice of Violation

An NJDEP Notice of Violation is a formal notification that your UST system is not in compliance with state regulations. Violations can range from minor paperwork errors to serious environmental threats such as leaks or improper tank maintenance. Common reasons for receiving an NOV include:

  • Failure to conduct required tank testing or inspections
  • Improper record-keeping
  • Non-compliant leak detection systems
  • Failure to properly close or remove an out-of-service UST
  • Evidence of leaks or soil contamination

The NOV will outline the specific violation(s), corrective actions required, and a deadline for compliance. Ignoring an NOV can result in hefty fines, enforcement actions, or even business shutdowns.

Steps to Take After Receiving an NJDEP Notice of Violation

  1. Review the Notice Carefully
    • Read the NOV thoroughly to understand the nature of the violation and the required corrective actions.
    • Note the deadline for response or compliance to avoid additional penalties.
  2. Contact a UST Compliance Specialist
    • Consulting with an experienced UST professional, like Herbert Lutz & Company, can help you assess the violation and determine the best course of action.
    • Professionals can identify compliance gaps, conduct inspections, and assist with necessary documentation.
  3. Address the Violation Promptly
    • Take corrective action based on the specifics of the NOV. This may include conducting inspections, repairing equipment, updating records, or removing a non-compliant UST.
    • If environmental contamination is suspected, a licensed site remediation professional (LSRP) may be required to assess and manage the situation.
  4. Communicate with NJDEP
    • Respond to the NOV by the specified deadline. Provide documentation of corrective actions taken and request an extension if needed.
    • Maintain open communication with NJDEP representatives to demonstrate your commitment to compliance.
  5. Implement Preventative Measures
    • Conduct routine UST maintenance and inspections to avoid future violations.
    • Stay informed about regulatory changes and ensure all employees are trained in proper UST management practices.

How Herbert Lutz & Company Can Help

Dealing with an NJDEP Notice of Violation can be stressful, but you don’t have to handle it alone. Herbert Lutz & Company has decades of experience in UST installation, removal, and compliance services in New Jersey. Our team can help you:

  • Assess the violation and determine the best corrective action
  • Conduct required inspections and testing
  • Upgrade or repair UST systems to meet compliance standards
  • Handle proper tank removal and site remediation if necessary
  • Provide expert guidance on regulatory requirements to prevent future issues

Contact Us for Assistance

If you have received an NJDEP Notice of Violation, don’t wait until penalties escalate. Contact Herbert Lutz & Company today for expert assistance in navigating compliance requirements and ensuring your UST system meets all state regulations.

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