reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 6 - UNIFORM BID SPECIFICATIONS FOR MUNICIPAL SOLID WASTE COLLECTION CONTRACTS › Section 7:26H-6.15 - Additional terms and conditions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The contractor shall maintain telephone service attended by an employee of the contractor during scheduled hours of collection, on all collection days. The contractor's telephone number shall be in service prior to the commencement of service and the contracting unit shall be responsible for publishing the number in the same manner it publishes the telephone numbers of all providers of governmental services.
(b) The contractor shall promptly and properly attend to all complaints of residents and all notices, directives and orders of the contract administrator within 24 hours of the receipt of same. The contractor shall keep a record of complaints and the date and time of the responses to such complaints, as well any action taken. A written summary of all complaints and responses shall be provided to the contract administrator each month.
(c) The contractor shall ensure that no agent or employee shall solicit or be permitted to receive gratuities of any kind for any of the work or services provided in connection with the contract.
(d) All collection vehicles shall be compaction type, completely enclosed and watertight. Subject to the prior approval of the contract administrator, the contractor may employ equipment other than compaction type vehicles on streets whose width precludes the use of such vehicles. The contractor shall specify whether the vehicles are side, front or rear loading.
(e) The contractor shall maintain all collection vehicles in good working order and shall ensure that no collection vehicle is used in such a manner that littering and spillage of solid waste occurs. The contract administrator may inspect the contractor's collection vehicles during the term of the contract to ensure that the collection vehicles are being operated and maintained in accordance with the requirements of this subsection. The contractor shall comply with all reasonable requests to inspect collection vehicles and shall comply with the contract administrator's requests relative to the maintenance, cleanliness and repair of the collection vehicles. Failure to respond to reasonable requests to inspect shall constitute a breach of contract and may result in termination of the contract. Upon contractor's failure to respond to reasonable requests regarding maintenance, cleanliness and repair of a collection vehicle, the contract administrator shall have the right to order the non-conforming collection vehicle out of service. In such event, the contractor shall provide, at its sole cost and expense, a conforming vehicle.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 6 - UNIFORM BID SPECIFICATIONS FOR MUNICIPAL SOLID WASTE COLLECTION CONTRACTS › Section 7:26H-6.16 - Invoice and payment procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The contractor shall submit all invoices for collection and disposal services in accordance with the following requirements:
1. The contractor shall submit an invoice to the contracting unit for services rendered no more than 30 days from the end of the preceding calendar month or "billing month"; and
2. Where the contractor has paid the costs of disposal, the contractor shall submit a separate invoice to the contracting unit for reimbursement no more than 30 days from the end of the preceding calendar month or "billing month".
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 6 - UNIFORM BID SPECIFICATIONS FOR MUNICIPAL SOLID WASTE COLLECTION CONTRACTS › Section 7:26H-6.17 - Insurance requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a contract is awarded, the contractor shall be required to purchase and maintain during the life of the contract, comprehensive general and contractual liability insurance, comprehensive automobile liability insurance and workers' compensation insurance with limits of not less than the following:
1. For workers' compensation, unlimited coverage and in accordance with New Jersey statutes for employer's liability;
2. For comprehensive general and contractual liability insurance coverage, the policies to include personal liability, property, contractual liability, explosion, collapse and underground hazard coverage, and completed operations coverage for the term of the contract, bodily injury liability limits of $ 1,000,000 each person and property damage liability limits of $ 3,000,000 each occurrence; and
3. For comprehensive automobile liability insurance coverage. bodily injury liability limits of $ 500,000 each person and $ 1,000,000 each occurrence, and property damage liability limits of $ 1,000,000 each occurrence.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 6 - UNIFORM BID SPECIFICATIONS FOR MUNICIPAL SOLID WASTE COLLECTION CONTRACTS › Section 7:26H-6.18 - Recycling

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The contracting unit may, at its option, request bid proposals for the collection of recyclable materials together with its request for proposals for solid waste collection and disposal services. Notwithstanding this option, the contracting unit must comply with the requirements of N.J.S.A. 13:1E-99.1 1 et seq. and the Recycling Rules at N.J.A.C. 7:26A.
(b) The form and content of the bid specifications for recycling collection services may follow the requirements of this subchapter as set forth in Appendix A.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 7 - HOST COMMUNITY BENEFITS › Section 7:26H-7.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to establish uniform provisions governing the procedural regulations for the economic benefit to municipalities which host solid waste facilities as provided by 13:1E-28 and 28.1. This economic benefit is commonly referred to as a "host community benefit."
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 7 - HOST COMMUNITY BENEFITS › Section 7:26H-7.2 - Procedural regulations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event the facility and the host municipality agree on the terms of an agreement governing host community benefits, they shall submit the proposed agreement to the Department for approval, along with a statement of the reasons the parties believe the agreed-upon benefits are reasonable. Within 180 days, the Department shall approve, reject or remand the agreement for modification.
(b) In the event the facility and the host municipality cannot agree on the terms of an agreement governing host community benefits, either party may petition the Department for an order establishing host or adjusting host community benefits.
(c) A petition for an order establishing or adjusting host community benefits shall be verified by a person with knowledge of the facts stated therein and shall include:
1. All available information regarding the history of any existing or prior host community benefit fee;
2. Copies of all agreements and prior approvals issued by the Department; and
3. Supporting proofs regarding what petitioner contends is the appropriate level of benefit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 8 - PRIVATELY-OWNED SANITARY LANDFILLS › Section 7:26H-8.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to establish requirements for privately-owned sanitary landfill facilities in accordance with the Commercial Landfill Regulatory Reform Act, 48:13A-7.2 4 et seq., and the amendments to the General Public Utilities Statute at 48:3-7 and 9.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 8 - PRIVATELY-OWNED SANITARY LANDFILLS › Section 7:26H-8.2 - Certificate of public convenience and necessity; tariff filings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall own or operate a privately-owned sanitary landfill facility unless such person holds a certificate of public convenience and necessity issued by the Department pursuant to 7:26H-1.6 through 1.10.
(b) Prior to commencing operations, the owner or operator of a privately-owned sanitary landfill facility shall file a tariff with the Department in which the terms and conditions of solid waste disposal services of the facility are set forth pursuant to N.J.A.C. 7:26H-4.
(c) The owner or operator of a privately-owned sanitary landfill facility shall file a tariff amendment with the Department within 10 days of the deletion or addition of any solid waste disposal service pursuant to 7:26H-3.10.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 8 - PRIVATELY-OWNED SANITARY LANDFILLS › Section 7:26H-8.3 - Adjustment of rates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A privately-owned sanitary landfill facility may adjust its solid waste disposal service rates only if it:
1. Provides its current customers with 30 days' advance written notice of its intent to change its rates, including the amount of the proposed rate change and its effective date;
2. Publishes a notice of its intent to change its rates, including the amount of the proposed rate change and its effective date, in a newspaper of general circulation in its service area. The notice shall appear once a week for two consecutive weeks, with the first notice being published 30 days in advance of the effective date of the rate change; and
3. Posts the new rates in a prominent location at the entrance to the facility on the first day that the new rate takes effect and each subsequent day thereafter until such time as the rate is changed pursuant to this subsection.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 8 - PRIVATELY-OWNED SANITARY LANDFILLS › Section 7:26H-8.4 - Annual fee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On or before May 1 of each year, every privately-owned sanitary landfill facility shall file with the Department a certification of gross operating revenues received from interstate utility services during the preceding calendar year, and a copy of the annual assessment charged to it by the Board of Public Utility Commissioners pursuant to 48:2-59 et seq.
(b) The Department shall annually assess each privately-owned sanitary landfill a fee as follows:
1. The fee shall be equal to the amount of the annual assessment for the corresponding calendar year, as evidenced in the documents filed pursuant to (a) above; and
2. The Department shall use the fees collected pursuant to this subsection to offset the Department's costs of supervising privately-owned sanitary landfill facilities.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 8 - PRIVATELY-OWNED SANITARY LANDFILLS › Section 7:26H-8.5 - Contested case proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may initiate contested case proceedings in the Office of Administrative Law whenever, on the basis of available information, the Department has reasonable grounds to believe that the solid waste disposal rates collected by a privately-owned sanitary landfill facility are not the market-based rates as authorized in 7:26H-1.12.
(b) At least 30 days prior to transmittal of the contested case to the Office of Administrative Law pursuant to (a) above, the Department shall serve a notice on the owner or operator of the affected facility that contains the following information:
1. The solid waste disposal rate or rates at issue;
2. A description of the evidence relied upon, including copies of relevant documents, by the Department in its determination that the rates are not market-based rates; and
3. A statement informing the owner or operator that he or she will have an opportunity for a hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq., on the rates at issue.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26H - SOLID WASTE UTILITY REGULATIONS › Subchapter 8 - PRIVATELY-OWNED SANITARY LANDFILLS › Section 7:26H-8.6 - Sale or disposal of assets of privately-owned sanitary landfills

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (b) below, the owner or operator of a privately-owned sanitary landfill may sell or otherwise dispose of its assets without the prior approval of the Department.
(b) The owner or operator of a privately-owned sanitary landfill facility shall obtain the approval of the Department prior to:
1. Selling any assets associated with the privately-owned sanitary landfill facility or a portion thereof sufficient to transfer the operation of the privately-owned sanitary landfill facility to a new owner or operator;
2. Selling a controlling ownership interest in the privately-owned sanitary landfill facility; or
3. Merging or consolidating the property of a privately-owned sanitary landfill facility with that of any other person, whether or not that person is engaged in the business of solid waste disposal pursuant to the provisions of the Solid Waste Management Act, 13:1E-1 et seq., the Solid Waste Utility Control Act, 48:13A-1 et seq., or any other act.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 7:26I-1.1 - Purpose of chapter

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to establish the rules of the Site Remediation Professional Licensing Board governing the licensing and performance of Licensed Site Remediation Professionals.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 7:26I-1.2 - Scope of chapter

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter establishes:
1. A licensing program for site remediation professionals, including:
i. Eligibility requirements for a license, pursuant to N.J.A.C. 7:26I-2.4;
ii. Application for a license, pursuant to N.J.A.C. 7:26I-2.5;
iii. Process for review and approval or denial of license applications, pursuant to N.JA.C. 7:26I-2.6 and 2.7;
iv. Process for examination of approved applicants, pursuant to N.J.A.C. 7:26I-2.8 and 2.9;
v. Issuance of a license, pursuant to N.J.A.C. 7:26I-2.10;
vi. Renewal of a license, pursuant to N.J.A.C. 7:26I-2.11;
vii. Expiration of a license, pursuant to N.J.A.C. 7:26I-2.12;
viii. Suspension of a license, pursuant to N.J.A.C. 7:26I-2.13;
ix. Revocation of a license, pursuant to N.J.A.C. 7:26I-2.14; and
x. Inactivation of a license, pursuant to N.J.A.C. 7:26I-2.15;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 7:26I-1.4 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this chapter shall be liberally construed to permit the Board to carry out its statutory functions.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 7:26I-1.5 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any subchapter, section, subsection, provision, clause, or portion of this chapter is adjudged invalid or unconstitutional by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 2 - LICENSURE › Section 7:26I-2.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of the licensing program for site remediation professionals established in this subchapter is to require that an individual applying for licensure as a site remediation professional:
1. Demonstrate that he or she meets the standards and requirements for education, training, experience, and professional conduct required for licensure; and
2. Is examined to ensure that he or she possesses sufficient knowledge of the State and Federal statutes, rules, regulations, guidance, standards, and requirements applicable to site remediation to be qualified to obtain a license.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 2 - LICENSURE › Section 7:26I-2.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter contains provisions that govern the:
1. Eligibility requirements for a license in N.J.A.C. 7:26I-2.4;
2. Application for a license in N.J.A.C. 7:26I-2.5;
3. Process for review and approval or denial of license applications in N.J.A.C. 7:26I-2.6 and 2.7;
4. Process for examination of approved applicants in N.J.A.C. 7:26I-2.8 and 2.9;
5. Issuance of a license in N.J.A.C. 7:26I-2.10;
6. Renewal of a license in N.J.A.C. 7:26I-2.11;
7. Expiration of a license in N.J.A.C. 7:26I-2.12;
8. Suspension of a license in N.J.A.C. 7:26I-2.13;
9. Revocation of a license in N.J.A.C. 7:26I-2.14; and
10. Inactivation of a license in N.J.A.C. 7:26I-2.15.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 2 - LICENSURE › Section 7:26I-2.3 - License required to perform remediation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall be, act as, advertise as, hold himself or herself out to be, or represent himself or herself as being an LSRP unless the Board has issued a license to that person pursuant to the SRRA and this chapter and the license is current and not expired, suspended, revoked, or inactivated.
(b) Except as provided at subsection d. of section 30 at P.L. 2009, c. 60(N.J.S.A. 58:10B-1.3), a person who is not a licensed site remediation professional shall not perform remediation unless the remediation is managed, supervised, or periodically reviewed and evaluated by an LSRP.
(c) Except as provided at subsection d. of section 30 at P.L. 2009, c. 60(N.J.S.A. 58:10B-1.3), an LSRP shall not:
1. Facilitate, aid, assist, or cooperate with any person in retaining or arranging for the retention of any person who is not an LSRP to perform remediation, unless the remediation is managed, supervised, or periodically reviewed and evaluated by an LSRP retained for that purpose, and the Department has been notified of the retention; or
2. Manage, supervise, perform, engage, or participate in remediation, unless:
i. The LSRP has been retained by a person responsible for conducting the remediation, and the Department has been notified of the retention; or
ii. The remediation is being managed, supervised, or performed by another LSRP retained by the person responsible for conducting the remediation, and the Department has been notified of the retention of the other LSRP.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 2 - LICENSURE › Section 7:26I-2.4 - Eligibility requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to be eligible to sit for the licensing examination the Board administers, an individual shall submit an application pursuant to N.J.A.C. 7:26I-2.5 that demonstrates or certifies that he or she meets the following qualifications:
1. Holds a bachelor's degree or higher in natural, chemical, or physical science or an engineering degree in a discipline related to site remediation from an accredited institution of higher education;
2. Has experience amounting to at least eight years of full-time professional experience in the field of site remediation, of which at least five years shall have occurred in New Jersey and at least three years shall have occurred in New Jersey within the five years prior to submission of the application;
3. Has a minimum of 5,000 hours of relevant professional experience within New Jersey over the five years immediately prior to submission of the application that is of a professional grade and character that indicates the applicant is competent to issue an RAO;
4. Has attended and completed the minimum environmental health and safety education and training pursuant to 29 CFR 1910.120, no more than one year prior to submission of the application;
5. Has completed a Board-approved course on the State's rules and regulations concerning the administrative and technical requirements for site remediation no more than 36 months prior to the date of submission of the application;
6. Has not been convicted of, or pled guilty to, an environmental crime, any similar or related crime pursuant to Federal or state law, or any crime involving fraud, breach of trust, theft by deception, forgery, or any crime or offense that would qualify the person for registration pursuant to section 2 at P.L. 1994, c. 133 (N.J.S.A. 2C:7-2), or any other crime involving moral turpitude, or any similar or related offense pursuant to Federal or state law. For the purposes of this paragraph, a conviction or plea of guilty shall include a non vult, nolo contendere, no contest, or finding of guilt by a judge or jury; and
7. Has not had a professional license or professional certification revoked by any state licensing board or any other professional licensing agency within the previous 10 years and has not surrendered a professional license or professional certification in response to a disciplinary investigation within the previous 10 years.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 2 - LICENSURE › Section 7:26I-2.5 - Application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for the site remediation professional license shall submit or cause to be submitted directly to the Board the following items, as per the instructions on the Board website at
www.nj.gov/lsrpboard
:
1. A completed application form available on the Board website at
www.nj.gov/lsrpboard
;
2. The application fee as set forth at N.J.A.C. 7:26I-3;
3. A signed certification that attests that all information provided in connection with the application is true to the best of the applicant's knowledge and belief, and that any omission, inaccuracy, or failure to make full disclosure may be deemed sufficient to deny licensure or to deny renewal of or suspend or revoke a license;
4. Three separate references submitted directly to the Board by the writer of the reference on the appropriate form the Board prescribes, available on the Board website at
www.nj.gov/lsrpboard
, from persons with personal knowledge of the applicant's training, experience, and professional conduct who are not related to the applicant. These persons may be an LSRP, a current or past employer of the applicant from any state, or another person of the applicant's choosing; and
5. An original transcript or equivalent documentation delivered directly to the Board from each of the following institutions:
i. The educational institution(s) from which the applicant earned the degree needed to demonstrate the minimum education requirement for licensure; and
ii. The educational institution(s) from which the applicant earned relevant advanced degrees for which the applicant seeks credit for professional experience.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 2 - LICENSURE › Section 7:26I-2.6 - Application approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall approve an application if the applicant:
1. Submitted a complete application pursuant to N.J.A.C. 7:26I-2.5; and
2. Demonstrated in the application that he or she meets all of the eligibility requirements set forth in N.J.A.C. 7:26I-2.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 2 - LICENSURE › Section 7:26I-2.7 - Application denial

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall deny an application if the applicant:
1. Did not submit a complete application pursuant to N.J.A.C. 7:26I-2.5; or
2. Did not meet any one or more of the eligibility requirements set forth in N.J.A.C. 7:26I-2.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 2 - LICENSURE › Section 7:26I-2.8 - LSRP examination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) With Board approval of an application, the applicant may sit for an LSRP examination according to the instructions received from the Board pursuant to N.J.A.C. 7:26I-2.6(b)  and this section.
(b) The Board shall provide each candidate who registers for the LSRP examination an LSRP Licensing Examination Candidate Agreement. The LSRP Licensing Examination Candidate Agreement shall contain the standards of conduct for candidates before, during, and after the examination including, but not limited to, prohibitions against:
1. Bringing into the examination room and accessing or utilizing during the examination anything that the exam administrator designates as unauthorized material including, but not limited to, books, reference material, study aides, notes, photographic or image-capturing or copying devices, communication devices, or electronic devices;
2. Taking the examination for someone else or having someone else take the examination for the candidate;
3. Removing notes, reproductions of the examination or any part of the examination, or the actual examination or any part of the examination, from the examination room;
4. Seeking or offering help during the examination;
5. Copying or attempting to copy examination responses of other candidates;
6. Allowing another candidate to copy his or her examination responses;
7. Disrupting the examination in any way; and
8. Disclosing or discussing the contents of the examination with anyone at any time in any form including, but not limited to, verbally, in writing, or electronic format.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 2 - LICENSURE › Section 7:26I-2.9 - Results of the LSRP examination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall communicate the results of the LSRP examination to each candidate. The Board shall not return the LSRP examination to the candidate.
(b) A candidate who does not pass the examination who wishes to retake the examination shall submit an application pursuant to N.J.A.C. 7:26I-2.4 through 2.8.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 2 - LICENSURE › Section 7:26I-2.10 - Issuance of a license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall issue a non-transferable license with a three-year term to each candidate who:
1. Obtains a passing score on the LSRP examination; and
2. Pays the annual license fee as set forth in N.J.A.C. 7:26I-3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 2 - LICENSURE › Section 7:26I-2.11 - Renewal of a license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to continue to be, act as, advertise as, hold himself or herself out to be, or represent himself or herself as being an LSRP, without interruption, an LSRP shall renew his or her license prior to the expiration date of the license.
(b) In order to be eligible to renew his or her license, an LSRP shall submit an application pursuant to (c) below that demonstrates or certifies that he or she meets the following qualifications:
1. Has attended and completed the minimum environmental health and safety education and training pursuant to 29 CFR 1910.120 no more than one year prior to submission of the application for license renewal;
2. Has fulfilled the continuing education requirements set forth at N.J.A.C. 7:26I-4;
3. Has not been convicted of, or pled guilty to, an environmental crime, any similar or related crime pursuant to Federal or state law, or any crime involving fraud, breach of trust, theft by deception, forgery, or any crime or offense that would qualify the person for registration pursuant to section 2 at P.L. 1994, c. 133 (N.J.S.A. 2C:7-2), or any other crime involving moral turpitude, or any similar or related offense pursuant to Federal or state law. For the purposes of this section, a conviction or plea of guilty shall include a non vult, nolo contendere, no contest, or finding of guilt by a judge or jury;
4. Has not had a professional license or professional certification revoked by any state licensing board or any other professional licensing agency within the previous 10 years, and has not surrendered a professional license or professional certification in response to a disciplinary investigation within the previous 10 years; and
5. Has no outstanding annual license fees due to the Board.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 2 - LICENSURE › Section 7:26I-2.12 - Expiration of a license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An LSRP's license shall immediately expire on the expiration date stated on the license, if not renewed pursuant to N.J.A.C. 7:26I-2.11.
(b) An individual may surrender his or her license to the Board. A license that is surrendered is considered to be expired, may not be renewed, and the provisions at (f) below do not apply.
(c) An individual with an expired license shall not be, act as, advertise as, hold himself or herself out to be, or represent himself or herself as being an LSRP until the license has been renewed pursuant to N.J.A.C. 7:26I-2.11 or the individual obtains a new license.
(d) No later than 15 days after the date of the expiration of the license, if not renewed, the individual whose license has expired shall:
1. Notify each of his or her clients by whom he or she has been retained as an LSRP in writing, with a copy to the Board and the Department at the address in N.J.A.C. 7:26I-3.7(b), that he or she is no longer an LSRP; and
2. Provide for the maintenance and preservation of all data, documents, records, and information concerning remediation activities at each contaminated site he or she has worked on pursuant to N.J.A.C. 7:26I-6.27.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 2 - LICENSURE › Section 7:26I-2.13 - Suspension of a license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever, on the basis of available information, the Board finds that an LSRP has violated the SRRA or any rule, regulation, or order adopted or issued pursuant thereto, or has knowingly made any false statement, representation, or certification in any document or information submitted to the Board or the Department, the Board may suspend the license of the LSRP.
(b) Suspension is the temporary removal of a license. When the Board has suspended an individual's license, that individual shall not be, act as, advertise as, hold himself of herself out to be, or represent himself or herself as being an LSRP until the end of the period of suspension.
(c) An individual may resume practicing as an LSRP immediately following the last day of the suspension period, if his or her license expiration date has not yet been reached.
(d) An individual whose license has expired while suspended may apply for renewal of the license pursuant to N.J.A.C. 7:26I-2.11 no later than 12 months after the license expiration date. If more than 12 months have passed since the license expiration date the individual may not apply for renewal of the license pursuant to N.J.A.C. 7:26I-2.11, but shall apply for a new license pursuant to N.J.A.C. 7:26I-2.4 through 2.10.
(e) When issuing the suspension, the Board may impose conditions on the reinstatement of the license including, but not limited to, a requirement for earning additional continuing education credits beyond the requirements of N.J.A.C. 7:26I-4.
(f) No later than 15 days after the date of the final order of suspension, the individual whose license has been suspended shall:
1. Notify each of his or her clients by whom he or she has been retained as an LSRP in writing, with a copy to the Board at the address in N.J.A.C. 7:26I-3.7(b), that for the duration of the suspension he or she will not be an LSRP;
2. Submit an LSRP Notification of Dismissal through the Online Business Portal at
http://www.nj.gov/dep/online
for each contaminated site for which he or she had submitted a Notification of Retention; and
3. Provide for the maintenance and preservation of all data, documents, records, and information concerning remediation activities at each contaminated site he or she has worked on pursuant to N.J.A.C. 7:26I-6.27.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 2 - LICENSURE › Section 7:26I-2.14 - Revocation of a license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever, on the basis of available information, the Board finds that an LSRP has violated the SRRA or any rule, regulation, or order adopted or issued pursuant thereto, or has knowingly made any false statement, representation, or certification in any document or information submitted to the Board or the Department, the Board may revoke the license of the LSRP.
(b) Revocation is the termination of a license. When the Board has revoked an individual's license, that individual shall not be, act as, advertise as, hold himself or herself out to be, or represent himself or herself as being an LSRP.
(c) An individual whose license has been revoked one time may apply for a new license pursuant to N.J.A.C. 7:26I-2.4 through 2.10 after three years, unless a shorter period is specified by the Board.
(d) Upon the second revocation of a license, an individual is permanently prohibited from applying for a license.
(e) If the Board determines that the conduct of the LSRP is so egregious as to pose an imminent threat to public health and safety and the environment if the LSRP is allowed to remediate contaminated sites pending a hearing on a revocation of the license, the Board may summarily suspend the license prior to the outcome of the hearing.
(f) No later than 15 days after the date of the final order of revocation, the individual whose license has been revoked shall:
1. Notify each of his or her clients by whom he or she has been retained as an LSRP in writing, with a copy to the Board at the address in N.J.A.C. 7:26I-3.7(b), that as of the date of the final order of revocation he or she is no longer an LSRP;
2. Submit an LSRP Notification of Dismissal through the Online Business Portal at
http://www.nj.gov/dep/online
for each contaminated site for which he or she had submitted a Notification of Retention; and
3. Provide for the maintenance and preservation of all data, documents, records, and information concerning remediation activities at each contaminated site he or she has worked on pursuant to N.J.A.C. 7:26I-6.27.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 2 - LICENSURE › Section 7:26I-2.15 - Inactivation of a license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An LSRP may inactivate his or her license by submitting to the Board a written certification of inactivation on the appropriate form the Board prescribes, available on the Board website at
www.nj.gov/lsrpboard
, which demonstrates or certifies that:
1. He or she has ceased to be, act as, advertise as, hold himself or herself out to be, or represent himself or herself as being an LSRP for a specific period of time not to exceed the expiration date of his or her license;
2. His or her employment in New Jersey, if any, is not in any way related to the work typically performed by site remediation professionals, licensed or not, including, but not limited to:
i. The investigation or remediation of contaminated sites;
ii. The investigation or remediation of discharges from, or the removal of, underground storage tanks, regulated or not;
iii. The assessment of sites for environmental conditions; or
iv. The preliminary assessment or site investigation of contaminated sites for the purpose of conducting all appropriate inquiries into the previous ownership and uses of the property as provided at N.J.S.A. 58:10-23.11.g;
3. He or she does not render assistance or advice to persons engaged in site remediation, including, but not limited to, site remediation professionals, licensed or not, or persons responsible for conducting the remediation;
4. He or she has notified each of his or her clients by whom he or she has been retained as an LSRP, in writing, with a copy to the Board at the address at N.J.A.C. 7:26I-3.7(b), of his or her intent to become an inactive LSRP;
5. He or she has submitted an LSRP Notification of Dismissal through the Online Business Portal at
http://www.nj.gov/dep/online
for each contaminated site for which the LSRP had submitted a Notification of Retention; and
6. He or she has provided for the maintenance and preservation of all data, documents, records, and information concerning remediation activities at each contaminated site the LSRP has worked on pursuant to N.J.A.C. 7:26I-6.27.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 3 - FEES › Section 7:26I-3.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter identifies and describes the fees and the methodology for the calculation of fees to support all tasks associated with the Board's duties.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 3 - FEES › Section 7:26I-3.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter contains:
1. The fees and the factors the Board uses to calculate each fee, including the:
i. Application fee at N.J.A.C. 7:26I-3.3;
ii. Renewal fee at N.J.A.C. 7:26I-3.4; and
iii. Annual license fee at N.J.A.C. 7:26I-3.5;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 3 - FEES › Section 7:26I-3.3 - Application fee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall annually recalculate the application fee, if the Board determines that the current fee does not cover the Board's costs to process and review license applications.
1. The Board shall calculate the application fee by multiplying the average number of hours to process and review a license application by the projected hourly salary and overhead costs of Board staff processing and reviewing the license application.
2. The Board shall provide notice in the New Jersey Register of any change to the application fee in subsequent years.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 3 - FEES › Section 7:26I-3.4 - Renewal fee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall annually recalculate the license renewal fee, if the Board determines that the current fee does not cover the Board's costs to process and review license renewal applications.
1. The Board shall calculate the renewal fee by multiplying the average number of hours to process and review a license renewal application by the projected hourly salary and overhead costs of Board staff processing and reviewing the license renewal application.
2. The Board shall provide notice in the New Jersey Register of any change to the renewal fee in subsequent years.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 3 - FEES › Section 7:26I-3.5 - Annual license fee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall annually recalculate the annual license fee, if the Board determines that the current fee does not cover the Board's costs as set forth in the annual budget.
1. The Board shall set its budget by estimating the dollar amount needed to accomplish all tasks associated with the Board's duties. Such tasks include, but are not limited to:
i. The Board's administrative functions;
ii. Legal support of the Board;
iii. Development and maintenance of data systems;
iv. Development and maintenance of the Board website;
v. Development and administration of LSRP examinations; and
vi. Any additional tasks the Board identifies that are necessary to carry out its duties and responsibilities as articulated in the SRRA and this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 3 - FEES › Section 7:26I-3.6 - Fee report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each calendar year, the Board shall prepare an Annual Site Remediation Professional Licensing Board Fee Calculation Report, which shall:
1. Be based on the Board's proposed budget produced pursuant to N.J.A.C. 7:26I-3.5; and
2. Include:
i. The factors used to calculate each fee included in this subchapter; and
ii. Each of the fees that shall be due and payable for the following calendar year.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 3 - FEES › Section 7:26I-3.7 - Payment of fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person required to pay a fee pursuant to the SRRA or this chapter shall make payment of fees by:
1. A certified check, attorney check, personal check, or money order, made payable to "Treasurer, State of New Jersey"; or
2. An e-check or credit card after the Board posts a notice of availability of this method of payment on the Board website at
www.nj.gov/lsrpboard
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 4 - CONTINUING EDUCATION › Section 7:26I-4.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter establishes:
1. The mandatory continuing education requirements to be met by each LSRP during each three-year license term in order to renew his or her license; and
2. The Board's procedure to approve continuing education credit for educational programs and activities.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 4 - CONTINUING EDUCATION › Section 7:26I-4.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter contains provisions that govern the:
1. LSRP continuing education requirements at N.J.A.C. 7:26I-4.3;
2. Board approval of continuing education credit for educational programs at N.J.A.C. 7:26I-4.4; and
3. Board approval of continuing education credit for educational activities at N.J.A.C. 7:26I-4.5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 4 - CONTINUING EDUCATION › Section 7:26I-4.3 - LSRP continuing education requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board approves continuing education credit in the categories of ethics education, regulatory education, scientific and technical education, and individual professional development of LSRPs.
(b) Each LSRP shall complete 36 continuing education credits during each three-year license term, as follows:
1. Three continuing education credits in ethics education;
2. Ten continuing education credits in regulatory education;
3. Fourteen continuing education credits in scientific and technical education; and
4. Nine continuing education credits distributed amongst any one or more of the categories of ethics education, regulatory education, scientific and technical education, and individual professional development of LSRPs.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 4 - CONTINUING EDUCATION › Section 7:26I-4.4 - Board approval of continuing education programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order for the Board to approve a continuing education program for continuing education credits, the Board shall find that the program:
1. Has significant intellectual, educational, or practical content;
2. Has as the primary purpose to increase each participant's professional competence as an LSRP;
3. Is developed and conducted by a person or persons the Board deems qualified, based on practical and academic experience; and
4. Constitutes an organized program of learning that includes subject matter related to the:
i. Regulation of site remediation;
ii. Scientific and technical principles of site remediation;
iii. Ethical obligations of LSRPs; and/or
iv. Individual professional development of LSRPs.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 4 - CONTINUING EDUCATION › Section 7:26I-4.5 - Board approval of continuing education activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An LSRP may request continuing education credit for the following continuing education activities:
1. Instructing a continuing education program that the Board has approved pursuant to N.J.A.C. 7:26I-4.4;
2. Preparing and giving a presentation; and
3. Authoring a paper published in a professional publication or peer-reviewed proceedings of a conference.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 5 - AUDIT PROCEDURES › Section 7:26I-5.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter:
1. Describes the Board's process to audit the performance of an LSRP to determine compliance with the SRRA and any rule, regulation, or order adopted or issued pursuant thereto and the LSRP's application of appropriate guidance; and
2. Establishes the audit compliance requirements for an LSRP.