reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 9 - BOARDS OF ARBITRATION › Section 7:1J-9.5 - Class actions

Current through Register Vol. 56, No. 14, July 15, 2024
The board may acknowledge a class of claimants, pursuant to and in accordance with N.J.S.A. 58:10-23.1 1p.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 9 - BOARDS OF ARBITRATION › Section 7:1J-9.6 - Administrative conference, preliminary hearing, and mediation conference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The board, in its discretion, may schedule an administrative conference with the board and the parties and/or their representatives to expedite the arbitration proceedings.
(b) The board, in its discretion, may schedule a preliminary hearing with the parties and/or their representatives and the board to specify the issues to be resolved, to stipulate to uncontested facts, and to consider any other matters that will expedite the arbitration proceedings. Consistent with the expedited nature of arbitration, at the preliminary hearing the board may establish:
1. The extent of the schedule for the production of relevant documents and other information;
2. The identification of any witnesses to be called;
3. A schedule for further hearings to resolve the dispute; and
4. Such other procedural requirements which the board deems necessary.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 9 - BOARDS OF ARBITRATION › Section 7:1J-9.7 - Discovery

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The board shall have complete discretion regarding discovery, provided however, that the board shall exercise such discretion in light of the expedited nature of Spill Fund Arbitration as outlined in N.J.S.A. 58:10-23.1 1n.
(b) The board shall reduce any proposed discovery orders to writing which shall be presented to the parties. Any exceptions to the board's proposed discovery order shall be filed within seven days after receipt of the order.
(c) The board may authorize the use of telephone conferences with the parties and the board to raise, argue and resolve any disputes regarding discovery.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 9 - BOARDS OF ARBITRATION › Section 7:1J-9.8 - Prehearing requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At least 10 days before the commencement of the hearing, the parties shall have:
1. Met and prepared a stipulation of facts not in dispute, and provided it to the board;
2. Met and pre-marked a joint set of exhibits as to which neither authenticity nor relevance is disputed, and provided it to the board;
3. Met and resolved all questions of authenticity as to any evidence with respect to which relevance remains in dispute, and advised the board of such resolution;
4. Identified and advised the board of all evidentiary and procedural issues which must be resolved in limine; and
5. If required by the board, filed trial briefs with the board and served copies of the trial briefs upon all parties.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 9 - BOARDS OF ARBITRATION › Section 7:1J-9.10 - Consent to service of process

Current through Register Vol. 56, No. 14, July 15, 2024
Each party shall be deemed to have consented to accept service of all papers, notices, process, or awards necessary or proper for the initiation or continuation of an arbitration under these rules, or for any court action in connection therewith. The entry of any award made under these rules shall be served on a party in accordance with 7:1J-1.7.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 9 - BOARDS OF ARBITRATION › Section 7:1J-9.11 - Evidence

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The parties may offer evidence which is supportive of their claim or such evidence which is relevant and material relating to a contest to the validity or amount of damage claims or cleanup and removal costs presented to the Fund for payment and shall, to the fullest extent practicable, produce such evidence as the board may deem relevant to an understanding and determination of such issues or such a contest.
(b) The board shall be the judge of the relevance and materiality of the evidence offered. Strict conformity to the legal rules of evidence shall not be necessary; provided however, that the board shall respect all privileges recognized by the New Jersey Rules of Evidence.
(c) All evidence shall be taken in the presence of all of the arbitrators and all of the parties, except where any of the parties is absent in default or has waived the right to be present.
(d) Exhibits, when offered by any party, may be received in evidence by the board, and shall be retained in the board's custody until the board renders a decision. After the board renders its decision, the board shall transfer custody of all exhibits to the administrator.
(e) The board may receive and consider the evidence of witnesses by affidavit certified in accordance with 7:1J-1.6, giving it such weight as the board deems it to be entitled to after consideration of any objections made to its admission.
(f) If the parties agree or the board directs that documents or other evidence be submitted to the board after the hearing, the documents or other evidence shall be filed with the administrator for transmission to the board. All parties shall be afforded an opportunity to examine such documents or other evidence.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 9 - BOARDS OF ARBITRATION › Section 7:1J-9.12 - Subpoenas; witnesses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The board may order testimony under oath and may subpoena attendance and testimony of witnesses and the production of such documentary materials pertinent to the issues presented to the board for determination. The board may cross-examine and ask questions of any witness. All oaths and affirmations shall be made and taken before any of the persons designated in 41:2-1.
(b) The expenses of witnesses (including, without limitation, expert witnesses) for either side shall be paid by the party producing such witnesses. All other expenses of the arbitration, including required travel and other expenses of the board, and any witness and the cost of any proof produced at the direct request of the board, shall be borne by the Fund unless the parties agree otherwise or unless the board in the award assesses such expenses or any part thereof against any specified party or parties.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 9 - BOARDS OF ARBITRATION › Section 7:1J-9.13 - Inspections and investigations by the Board

Current through Register Vol. 56, No. 14, July 15, 2024
The board may conduct inspections or investigations of any real or personal property which is relevant to the claim. An arbitrator finding it necessary to make an inspection or investigation in connection with the arbitration shall advise the administrator and the parties. The board shall set the date and time and shall notify the administrator and the parties thereof. Any party may be present at such inspection or investigation. If one or all parties are not present at the inspection or investigation, the board shall make a verbal or written report to the parties and afford them an opportunity to comment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 9 - BOARDS OF ARBITRATION › Section 7:1J-9.14 - Submission of briefs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At any time before or during the hearing, the board may direct the parties to submit briefs on such legal issues as the board deems necessary for final determination of the claim. All parties shall serve copies of such briefs on each arbitrator, on all parties, and on the administrator. The board shall determine when the briefs are to be filed and shall notify the parties and the administrator of the filing date. The failure of a party to file such a brief shall not operate to delay the proceedings or the rendering of a decision by the board within the time limits specified in this subchapter or in the Act.
(b) Within 10 days after the board has determined that the parties have no further proofs to offer or witnesses to be heard, the board may direct the parties to submit to the board proposed findings of fact and conclusions of law. The board may also require any party to prepare supplemental legal memoranda on any issue that the board deems appropriate.
(c) Any party desiring reconsideration of any of the rulings of the Board rendered under 7:1J-9.16 shall move within 10 days after receiving the determination of the Board.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 9 - BOARDS OF ARBITRATION › Section 7:1J-9.15 - Default

Current through Register Vol. 56, No. 14, July 15, 2024
Where there is only one known potentially responsible party, and that party fails to appear at the hearing without obtaining an adjournment thereof, and where neither the administrator nor other persons contest either the validity or amount of the claim presented to the Fund for payment, a decision may be made solely on the default of the potentially responsible party. In all other cases, a decision may not be made solely on the default of a party, and the board shall require the party who is present to submit such evidence as is deemed necessary to arbitrate the issues before the board, except that issues raised only by a defaulting party need not be addressed by the board, and the board's determination of all issues before it shall be binding as to the defaulting party.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 9 - BOARDS OF ARBITRATION › Section 7:1J-9.17 - Waiver of hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the parties and the administrator agree in writing, signed by all parties and by the administrator, to waive the oral hearing, the board shall not hold a hearing.
(b) If the parties and the administrator waive the hearing pursuant to (a) above, the Board shall designate a date for submission of proofs. The Board shall notify all parties and the administrator of the date at least one week prior to the designated date. All parties shall submit all their respective proofs to the Board. The parties and the administrator shall have the opportunity to respond in writing to the proofs submitted by the other parties. The Board shall designate the time by which any such response must be filed.
(c) If the board thereafter requires additional documentation from any party, it shall notify the party of such requirement and of the date by which such material must be submitted to the board.
(d) The failure of any party to submit proofs, other documentation required by the board pursuant to (c) above, or permitted responses within the time specified by the board shall not operate to delay the rendering of a decision within the time limits specified in 7:1J-9.16, 9.20, or the Act. The board may, in its discretion, extend the time within which a party may submit information and responses so long as such extension will not operate to delay the rendering of a decision within the time limits specified in 7:1J-9.16, or the Act.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 9 - BOARDS OF ARBITRATION › Section 7:1J-9.18 - Variance from procedural requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (c) below, the board may relax any of the procedural requirements of this subchapter if the board determines that strict adherence to such requirements would result in unfairness or injustice.
(b) Nothing herein shall be deemed to preclude the parties from voluntarily agreeing to procedures more detailed than those found in this subchapter, provided that such supplemental agreements are approved by the board, and do not violate the limitations of (c) below. By way of illustration, such procedures may include guidelines for the presentation of expert testimony and the use and exchange of such testimony, or specific discovery procedures.
(c) Notwithstanding (a) and (b) above, the board shall not relax procedural requirements of this subchapter if such requirements are imposed by the Act, by other applicable State or Federal statutes, or by applicable decision, order or decree of a court of competent jurisdiction.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 9 - BOARDS OF ARBITRATION › Section 7:1J-9.19 - Extensions of time

Current through Register Vol. 56, No. 14, July 15, 2024
For good cause shown, the board may extend any period of time established by this subchapter, except the time for certifying the award. The board shall notify the parties of any extension.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 9 - BOARDS OF ARBITRATION › Section 7:1J-9.20 - Expedited procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The parties, the administrator and the board may unanimously agree to conduct the arbitration proceeding pursuant to the expedited procedures in this section. If the parties so agree, and if there is any conflict between this section and any other provision of this subchapter, this section shall control.
(b) Notwithstanding 7:1J-1.7, the parties shall accept all notices from the board by telephone. The board shall subsequently confirm such notices to the parties in writing, provided however, that the failure to provide written confirmation shall not invalidate the telephone notice.
(c) The board shall set the date, time and place of the hearing, and so notify the parties at least seven days before the scheduled hearing date.
(d) The hearing shall be completed within one day, unless the board, for good cause shown, schedules one or more additional hearing dates.
(e) Unless the parties agree otherwise, the board shall render its decision within 14 days after the date of the close of the hearing.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 9 - BOARDS OF ARBITRATION › Section 7:1J-9.21 - Waiver of rules

Current through Register Vol. 56, No. 14, July 15, 2024
Any party who proceeds with the arbitration after knowledge that any provision or requirement of this subchapter has not been complied with and who fails to state an objection thereto in writing shall be deemed to have waived the right to object.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 9 - BOARDS OF ARBITRATION › Section 7:1J-9.22 - Interpretation and application of rules

Current through Register Vol. 56, No. 14, July 15, 2024
The board shall interpret and apply this subchapter insofar as it relates to the board's powers and duties. When the board consists of more than one arbitrator and a difference arises among them concerning the meaning or application of these rules, the difference shall be decided by a majority vote. If no majority of the board agrees upon one resolution of the difference, the board shall refer the issue to a neutral party acceptable to the board, the administrator and the parties. If the board, the administrator and the parties cannot agree upon a neutral party, the administrator shall request that the American Arbitration Association apply its procedures to select the neutral party.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 9 - BOARDS OF ARBITRATION › Section 7:1J-9.23 - Copies of papers for judicial proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
The board shall, upon the written request of a party, furnish to the party, at the party's expense, certified copies of any papers in the board's possession that may be required in judicial proceedings relating to the arbitration.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1J - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SPILL COMPENSATION AND CONTROL ACT › Subchapter 9 - BOARDS OF ARBITRATION › Section 7:1J-9.24 - Exculpation of arbitrators

Current through Register Vol. 56, No. 14, July 15, 2024
No arbitrator shall be liable to any party for any act or omission in connection with any arbitration conducted under these rules.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:1K-1.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter constitutes the rules of the Department for the administration and implementation of the Pollution Prevention Program established by the Pollution Prevention Act, P.L. 1991, c.235, codified at 13:1D-35 et seq. and 34:5A-1 et seq. This chapter applies to the use and release of hazardous substances and the generation of hazardous substances as nonproduct output by industrial facilities and sets forth guidelines and procedures to be followed by priority industrial facilities in the development of Pollution Prevention Plans, Pollution Prevention Plan Summaries and Pollution Prevention Plan Progress Reports as required by the Act. This chapter also provides for the issuance of facility-wide permits to certain priority industrial facilities under the pilot program established by 13:1D-48.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:1K-1.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It is the purpose of this chapter to promote pollution prevention by:
1. Encouraging the reduction of:
i. The use of hazardous substances in industrial and manufacturing processes;
ii. The generation of hazardous substances as nonproduct output; and
iii. The multimedia environmental releases of hazardous substances; and
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:1K-1.3 - Jurisdiction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter shall apply, to the extent statutorily permissible, to the following Department management actions affecting industrial facilities:
1. Permits, certificates, registrations, or any other relevant Departmental approvals issued to the owner or operator of the industrial facility pursuant to 13:1E-1 et seq., 58:10A-1 et seq., or 26:2C-1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:1K-1.4 - Relationship of Community Right-to-Know Reporting to Pollution Prevention Reporting

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may combine the reporting elements of this chapter with those required for Community Right-to-Know reporting pursuant to 34:5A-1 et seq. in order to allow a priority industrial facility to submit a combined reporting form to satisfy the requirements of N.J.A.C. 7:1G and 7:1K.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:1K-1.7 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any subchapter, section, subsection, paragraph, subparagraph, provision, clause or portion of this chapter or the application thereof to any person or circumstance is adjudged invalid or unconstitutional by a court of competent jurisdiction, the remainder of this chapter and the application thereof to other persons or circumstances shall not be affected thereby, and shall remain in full force and effect.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:1K-1.8 - Access to public information

Current through Register Vol. 56, No. 14, July 15, 2024
Interested persons may obtain information on the pollution prevention program, copies of pollution prevention reporting forms, and copies of the Pollution Prevention Planning Guidance Document by contacting:
Bureau of Compliance Support and Pollution Prevention
Department of Environmental Protection
Mail Code 401-04B
PO Box 420
Trenton, New Jersey 08625-0420
(609) 777-0518, or
http://www.nj.gov/dep/enforcement/pp.html
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:1K-1.9 - Revisions to North American Industry Classification System Codes for purposes of the definition of "industrial facility"

Current through Register Vol. 56, No. 14, July 15, 2024
In the event that the Executive Office of the President, Office of Management and Budget, publishes new or revised North American Industry Classification System (NAICS) codes modifying the 2002 list of NAICS codes on which the definition of "industrial facility" and chapter Appendix D is based, the Department shall modify the NAICS codes as necessary to ensure that, as required by 13:1D-139, the generally equivalent universe of industrial facilities continue to be regulated under this chapter. Specifically, the Department shall provide limitations and/or exceptions to the NAICS codes as required to maintain the regulated universe as of August 15, 2003. The Department shall publish in the New Jersey Register a notice of the new or revised NAICS code(s) and the corresponding administrative change(s) to Appendix D.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 3 - POLLUTION PREVENTION PLANNING REQUIREMENTS › Section 7:1K-3.1 - Preparation and submission of pollution prevention planning documents by priority industrial facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator of a priority industrial facility required to prepare and submit a toxic chemical release form for calendar year 1993 pursuant to 42 U.S.C. §
										11023 and having a North American Industry Classification System code, as designated by the Federal Office Management and Budget as listed in Table 3.1(a) of Appendix D, shall:
1. Prepare Parts IA and II of a Pollution Prevention Plan in accordance with 7:1K-4.3(b)  and 4.5 and submit a Pollution Prevention Plan Summary to the Department in accordance with 7:1K-5.1 on or before July 1, 1994;
2. Prepare Part IB of a Pollution Prevention Plan in accordance with 7:1K-4.3(c)  and submit a Pollution Prevention Plan Progress Report to the Department in accordance with 7:1K-6.1 by July 1, 1995;
3. Update Part IB of the Pollution Prevention Plan in accordance with 7:1K-3.7 and submit a Pollution Prevention Plan Progress Report to the Department in accordance with 7:1K-6.1 by each July 1 thereafter; and
4. Revise or modify the industrial facility's Pollution Prevention Plan or Plan Summary as required by 7:1K-3.6 and 3.8.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 3 - POLLUTION PREVENTION PLANNING REQUIREMENTS › Section 7:1K-3.2 - Designation of individual industrial facilities not subject to 42 U.S.C. Section 11023 as priority industrial facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may issue a directive to an owner or operator of an individual industrial facility which is not required to prepare and submit a toxic chemical release form pursuant to 42 U.S.C. §
										11023 designating the industrial facility as a priority industrial facility for pollution prevention planning purposes in accordance with the criteria and procedures in this section.
(b) The Department may issue a directive designating an individual industrial facility which is not required to prepare and submit a toxic chemical release form pursuant to 42 U.S.C. §
										11023 as a priority industrial facility for pollution prevention planning purposes if it determines that the industrial facility meets one or more of the following criteria:
1. The industrial facility uses or manufactures a hazardous substance in a quantity greater than the threshold established for the hazardous substance pursuant to 7:1K-3.4(a) or (b);
2. The volume of hazardous substances or hazardous wastes used, generated or released at the industrial facility contributes more than 10 percent to the total amount of hazardous substances used, generated or released in the State or region of the State;
3. The industrial facility has a history of unpermitted releases or non-compliance with the terms of any permit, certificate, registration, or any other relevant Department approval issued to the owner or operator of the industrial facility pursuant to 13:1D-1 et seq., 13:1E-1 et seq., 58:10A-1 et seq., or 26:2C-1; or
4. The industrial facility is the subject of emergency management actions taken by the Department under the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., including, but not limited to, actions pertaining to landfill capacity or sludge management.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 3 - POLLUTION PREVENTION PLANNING REQUIREMENTS › Section 7:1K-3.4 - Scope of pollution prevention planning documents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator of a priority industrial facility is required to include in the industrial facility's Pollution Prevention Plans, Pollution Prevention Plan Summaries, and Pollution Prevention Plan Progress Reports information on any hazardous substance that is used or manufactured at the industrial facility in quantities above 10,000 pounds per year, or in quantities exceeding a lower threshold for the hazardous substance set by the Department in accordance with N.J.A.C. 7:1K-3.5(b), measured on a facility-wide basis, and which is listed on either:
1. The Toxic s Release Inventory (TRI) list established by the United States Environmental Protection Agency for reporting of hazardous substances pursuant to Section 313 of the Emergency Planning and Community Right-to-Know Act of 1986, 42 § 11023; or
2. The list of additional hazardous substances designated by the Department for pollution prevention planning purposes pursuant to 7:1K-3.5 and appearing at Appendix A.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 3 - POLLUTION PREVENTION PLANNING REQUIREMENTS › Section 7:1K-3.5 - Threshold quantities for pollution prevention planning

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as otherwise provided by (b) below, the owner or operator of a priority industrial facility is required to include in a Pollution Prevention Plan, Pollution Prevention Plan Summary, and Pollution Prevention Plan Progress Report information on any hazardous substance which is used or manufactured by the industrial facility in quantities above 10,000 pounds per year, measured on a facility-wide basis.
(b) If the Department determines that the use or manufacture of a particular hazardous substance in quantities less than 10,000 pounds poses a significant risk to human health, including risks to occupational and consumer health, or the environment, it may require the owners or operators of priority industrial facilities to incorporate pollution prevention planning for the substance in quantities less than 10,000 pounds into their Pollution Prevention Plans, Plan Summaries, and Plan Progress Reports, as follows:
1. The Department may lower the pollution prevention planning threshold for a hazardous substance by adding the hazardous substance to Appendix B, Pollution Prevention Planning Thresholds Less Than 10,000 Pounds, incorporated herein by reference through rulemaking in accordance with the Administrative Procedure Act, 52:14B-1 et seq. A proposal to lower the pollution prevention planning threshold for a hazardous substance shall specifically include, in addition to the requirements of N.J.A.C. 1:30:
i. The chemical identity and Chemical Abstract Service (CAS) number of the hazardous substance;
ii. A brief basis and background for the Department's determination that the use or manufacture of a particular hazardous substance in quantities less than 10,000 pounds poses a significant risk to human health, including risks to occupational and consumer health, or the environment; and
iii. The new threshold planning quantity for the hazardous substance, in pounds.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 3 - POLLUTION PREVENTION PLANNING REQUIREMENTS › Section 7:1K-3.6 - Additional hazardous substances for which pollution prevention planning is required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may designate a hazardous substance not on the TRI list to Appendix A, Additional Hazardous Substances For Pollution Prevention Planning, through rulemaking in accordance with the Administrative Procedure Act, 52:14B-1 et seq., upon consideration of all of the following criteria:
1. Prior regulation as a hazardous substance pursuant to 42 U.S.C. §
											11023; the Spill Compensation and Control Act, N.J.S.A. 58:10-23.1 1 et seq.; Section 4 of the Toxic Catastrophe Prevention Act, 13:1K-19 et seq.; or the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §
											9601;
2. The risk to human health or the environment due to the toxicity of the hazardous substance; and
3. Evidence of the production of the hazardous substance in commercial quantities that are used as a commodity in trade in the channels of commerce by the general public.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 3 - POLLUTION PREVENTION PLANNING REQUIREMENTS › Section 7:1K-3.7 - Five-year revision of Pollution Prevention Plans and Pollution Prevention Plan Summaries

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator of a priority industrial facility is required to prepare a complete revision of the industrial facility's Pollution Prevention Plan by July 1 of the fifth year after the year of the initial completion of Part IA of the industrial facility's Pollution Prevention Plan, and by July 1 of each fifth year thereafter.
(b) The owner or operator of a priority industrial facility is required to prepare and submit a complete revision of the industrial facility's Pollution Prevention Plan Summary by July 1 of the fifth year after the year of the initial preparation and submittal of the industrial facility's Pollution Prevention Plan Summary, and by July 1 of each fifth year thereafter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 3 - POLLUTION PREVENTION PLANNING REQUIREMENTS › Section 7:1K-3.8 - Annual Pollution Prevention Plan updates

Current through Register Vol. 56, No. 14, July 15, 2024
The owner or operator of a priority industrial facility is required to annually update the information required to be recorded in Part IB of a Pollution Prevention Plan pursuant to 7:1K-3.1 and 4.3(c).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 3 - POLLUTION PREVENTION PLANNING REQUIREMENTS › Section 7:1K-3.9 - Pollution Prevention Plan, Pollution Prevention Plan Summary and Pollution Prevention Plan Progress Report modifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator of a priority industrial facility is required to modify the information required to be recorded or reported in a Pollution Prevention Plan, Plan Summary, or Plan Progress Report if any of the following occurs:
1. A production process changes or a grouping or targeting decision changes because the industrial facility:
i. Ceases operation of a production process or significantly expands the operation of a targeted production process;
ii. Installs a new and different primary component in a targeted production process or removes a primary component from a targeted production process, unless the installation or removal of the component results from the implementation of pollution prevention techniques at the industrial facility;
iii. Uses a hazardous substance, or generates or releases a nonproduct output or hazardous waste, at a targeted production process, in quantities above the threshold established for the hazardous substance at 7:1K-3.5, which was not used, released or generated when the industrial facility's current Pollution Prevention Plan was completed;
iv. Reclassifies an existing nonproduct output as a product, intermediate product, or co-product;
v. Modifies a grouping decision that affects a targeted process; or
vi. Modifies a targeting decision pursuant to 7:1K-4.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 3 - POLLUTION PREVENTION PLANNING REQUIREMENTS › Section 7:1K-3.10 - Pollution Prevention Plan Summary and Pollution Prevention Plan Progress Report modifications due to improvements in pollution prevention for a production process established after January 1, 1992

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator of a priority industrial facility is not required to include in Part IB or Part II of a Pollution Prevention Plan or in a Pollution Prevention Plan Progress Report information pertaining to improvements in pollution prevention for a production process established after January 1, 1992 until the first five-year revision of the Pollution Prevention Plan and Plan Summary is prepared for the industrial facility at which the production process is carried out after the establishment of the production process, or until five years after the establishment of the production process, whichever is later, subject to the following:
1. For the purposes of this subsection, a production process shall be considered to be established after January 1, 1992, if it meets any one of the following criteria:
i. The production process results in production of a new product, new coproduct, or new intermediate product after January 1, 1992 which was not identified in the industrial facility's most recent Pollution Prevention Plan;
ii. The production process results in production after January 1, 1992 of a product whose new active ingredient is chemically different from other products made at the industrial facility; or
iii. The production process results in production after January 1, 1992 of a product which is made by a different chemical route from other products made at the industrial facility, except for an improvement in the established chemistry such as a more efficient catalyst.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 3 - POLLUTION PREVENTION PLANNING REQUIREMENTS › Section 7:1K-3.11 - Department review of Pollution Prevention Plans, Plan Summaries and Plan Progress Reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator of a priority industrial facility shall maintain a copy of the Pollution Prevention Plan, Plan Summary and Plan Progress Report for the industrial facility at the industrial facility, and these documents shall be available for inspection and review by the Department.
(b) The Department may require the owner or operator of a priority industrial facility to make any revisions or modifications to a Pollution Prevention Plan, Plan Summary or Plan Progress Report necessary for compliance with the provisions of the Act or this chapter.
(c) The Department shall conduct its review of Pollution Prevention Plans, Plan Summaries and Plan Progress Reports by applying the following review criteria:
1. For the purposes of review and/or enforcement action under N.J.A.C. 7:1K-12, the Department shall determine and evaluate the following:
i. Whether the industrial facility has prepared a Pollution Prevention Plan, Plan Summary and/or Plan Progress Report as required by 7:1K-3.1, 3.6 or 3.8;
ii. Whether the Pollution Prevention Plan is administratively complete. Administrative completeness review shall consist of a review by the Department to determine whether the items identified in 7:1K-4.3 and 4.5 have been included in the Pollution Prevention Plan, the items identified in 7:1K-5.1 have been included in the Pollution Prevention Plan Summary, and the items identified in 7:1K-6.1 have been included in the Pollution Prevention Plan Progress Report;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 3 - POLLUTION PREVENTION PLANNING REQUIREMENTS › Section 7:1K-3.12 - Submittal of Pollution Prevention Plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may require the owner or operator of a priority industrial facility to submit a copy of the industrial facility's Pollution Prevention Plan to the Department for review if the industrial facility requests an out-of-process recycling exemption pursuant to 7:1K-4.7 or participates in the facility-wide permitting program pursuant to N.J.A.C. 7:1K-7.
(b) The Department shall provide the owner or operator of a priority industrial facility with at least 45 days advance notice by certified mail before requiring submission of its Pollution Prevention Plan for review under (a) above, in order to enable the industrial facility to assert a confidentiality claim pursuant to 7:1K-8.2, if applicable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 4 - POLLUTION PREVENTION PLANS › Section 7:1K-4.1 - Sequence of pollution prevention planning

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department recommends that industrial facilities conduct pollution prevention planning steps in the following order:
1. Identify all production processes, and sources as applicable, in accordance with 7:1K-4.3(b)3;
2. Group sources or production processes in accordance with 7:1K-4.2;
3. Complete Part IA of a Pollution Prevention Plan in accordance with 7:1K-4.3(b)  except for the identification of production processes in accordance with 7:1K-4.3(b)3;
4. Target sources or production processes in accordance with 7:1K-4.4;
5. Complete Part II of a Pollution Prevention Plan, including setting use reduction and NPO reduction goals, in accordance with 7:1K-4.5;
6. Develop a Raw Material Substitution Certification, if applicable, in accordance with 7:1K-4.6;
7. Complete and submit a Pollution Prevention Plan Summary in accordance with N.J.A.C. 7:1K-5;
8. Request an out-of-process recycling authorization, if applicable, in accordance with 7:1K-4.7; and
9. Complete Part IB of a Pollution Prevention Plan in accordance with 7:1K-4.3(c)  and submit a Pollution Prevention Plan Progress Report in accordance with N.J.A.C. 7:1K-6.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 4 - POLLUTION PREVENTION PLANS › Section 7:1K-4.2 - Grouping of production processes or sources for pollution prevention planning purposes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner or operator of a priority industrial facility may choose to group sources or production processes that use similar ingredients to produce one or more similar products so that the grouped sources or production processes are considered a single source or production process for pollution prevention planning purposes.
(b) An owner or operator of a priority industrial facility who chooses to group may consider any of the following criteria to determine whether sources or production processes that use similar ingredients to produce one or more similar products should be considered a single source or production process for pollution prevention planning purposes:
1. The function of the hazardous substance in the development of a product, that is, how is the hazardous substance used in the production process? This criterion is intended to aid industrial facilities in distinguishing between basic types or classes of products manufactured, for example, chemicals or articles;
2. The function of the equipment. This criterion is intended to aid industrial facilities in distinguishing between different modes of operation for production processes, for example, batch operations or continuous operations;
3. Whether the sources or processes use similar ingredients;
4. Whether the sources or processes produce similar products; and
5. Whether the sources or processes have any other characteristics that are similar.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 4 - POLLUTION PREVENTION PLANS › Section 7:1K-4.3 - Contents of Part I of a Pollution Prevention Plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Part I of a Pollution Prevention Plan shall consist of the following two components:
1. Part IA of the Pollution Prevention Plan, containing administrative information about the facility; process-level and facility-level data about the use, generation and release of hazardous substances at the facility; information on the total costs of using and generating hazardous substances so as to compare these costs with those after implementing pollution prevention options in Part II cost analysis pursuant to 7:1K-4.5(a)5  ii; and certifications by officials of the industrial facility; as required by 13:1D-41(b)1  through 12; and
2. Part IB of the Pollution Prevention Plan, containing information on the reduction in use of hazardous substances and the generation of hazardous substances as nonproduct output at the industrial facility, as required by 13:1D-41(b)13  through 17.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 4 - POLLUTION PREVENTION PLANS › Section 7:1K-4.4 - Targeting of sources or production processes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In regard to targeting of sources or production processes, the following cases are applicable:
1. The owner or operator of a priority industrial facility may choose to focus the industrial facility's pollution prevention planning resources of Pollution Prevention Plan by targeting for Part II pollution prevention planning those sources or production processes where significant progress can be made in the reduction of hazardous substances used, generated as non product output, or released at the industrial facility.
2. The owner or operator of a priority industrial facility shall target for Part II pollution prevention planning all sources or production processes that use or generate persistent, bioaccumulative, toxic (PBT) chemicals as nonproduct output at the industrial facility, if the facility level quantities are above the reporting thresholds contained at 40 CFR 372.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 4 - POLLUTION PREVENTION PLANS › Section 7:1K-4.6 - Procedure for development of a Raw Material Substitution Certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Following completion of a Parts I and II of a Pollution Prevention Plan, an owner or operator of a priority industrial facility may choose to file with the Department a Raw Material Substitution Certification listing the individual hazardous substances used in specific targeted production processes at the facility for which the owner or operator of the industrial facility has determined through preparation and completion of a Pollution Prevention Plan that it is not technically or economically feasible to reduce the input use of the hazardous substance below current levels by replacing the substance with a different raw material in the specific production process.
(b) The procedure for developing and filing a Raw Material Substitution Certification is as follows:
1. A Raw Material Substitution Certification shall consist of:
i. A list of the individual hazardous substances used in specific targeted production processes at the facility for which the owner or operator of the priority industrial facility has determined through preparation and completion of a Pollution Prevention Plan that it is not technically or economically feasible to reduce the input use of the hazardous substance below current levels by replacing the substance with a different raw material in the specific production process;
ii. A certification by the highest ranking corporate official with direct operating responsibility at the industrial facility that reads as follows:
"I certify that Parts I and II of the Pollution Prevention Plan have been completed for the specific combination of hazardous substances and production processes for which this Raw Material Substitution Certification is being claimed and that through completion of the Pollution Prevention Plan this industrial facility has determined that it is not technically or economically feasible to reduce the input use of the hazardous substance below current levels by replacing the substance with a different raw material in the specific production process.";
iii. A description of whether pollution prevention methods other than raw material substitution, have been considered for that specific combination of hazardous substances and production processes listed under (b)1i above. Examples of other pollution prevention methods include: product reformulation, production process redesign or modification, in-process recycling, and improved operation and maintenance; and
iv. A brief narrative summary of the technical and economic analysis conducted by the industrial facility in Part II of the Pollution Prevention Plan showing that the hazardous substances listed under (b)1i above cannot be substituted within the targeted production processes listed under (b)1i above; and