reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 6 - RADIOCHEMICAL TESTING PROCEDURES INCLUDING RADON GAS/RADON PROGENY › Section 7:18-6.3 - Requirements for radiochemistry laboratory equipment and instruments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The supervisor
				shall have control over the equipment and instruments used in radiochemical
				testing and radon/radon progeny-in-air testing. The laboratory shall have
				equipment and instruments that satisfy the applicable requirements listed in
				(a)1 and 2 below, in (b) and (c) below, in N.J.A.C. 7:18-3, and in the
				applicable DSAM.
1. The laboratory shall have
				a muffle furnace that:
i. Is automatically
				controlled;
ii. Has a chamber
				capacity of at least 2,200 cubic centimeters (cc), and measures at least 10
				centimeters (cm) by 9.5 cm by 23 cm; and
iii. Has a maximum operating temperature of
				1,000 degrees Celsius continuous and 1,100 degrees Celsius intermittent;
				and
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 6 - RADIOCHEMICAL TESTING PROCEDURES INCLUDING RADON GAS/RADON PROGENY › Section 7:18-6.4 - Required use of DSAMs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In performing
				radiochemical analysis of a regulatory sample (including, without limitation,
				analysis of a PT sample by a laboratory that is applying to become certified),
				a laboratory shall use only:
1. A DSAM from
				the applicable Category listed in
				7:18-6.1(a)  for
				which the laboratory is certified;
2. An applicable ATP approved by the
				Department pursuant to
				7:18-2.20 for the laboratory and,
				if applicable, for the facility in question; or
3. USEPA Method 900, Gross Alpha and Beta
				Radioactivity in Drinking Water, for gross alpha testing in screening for the
				presence of all regulated alpha emitting radionuclides modified as follows:
i. A Thorium-230 standard shall be used as
				the test calibration standard;
ii.
				The initial counting of the plancheted sample shall be initiated no sooner than
				36 hours from sample collection and shall be completed within 48 hours from the
				time of sample collection;
iii. If
				the calculated value from the initial gross alpha count is less than or equal
				to five pCi/L, that value shall be reported and no further radiochemical
				analysis of the sample is required; and
iv. If the gross alpha value from the initial
				count exceeds five pCi/L, a second counting of the same prepared sample is
				required. The same plancheted sample shall be recounted between 20 to 28 hours
				after the midpoint of the initial counting timeframe; and this calculated value
				shall be reported as the final gross alpha result.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 6 - RADIOCHEMICAL TESTING PROCEDURES INCLUDING RADON GAS/RADON PROGENY › Section 7:18-6.5 - Requirements for general radiochemical environmental laboratory practices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A laboratory
				shall meet the following requirements with respect to laboratory standards,
				wastes, samples, reagents and solutions used in radiochemical analysis:
1. The laboratory shall store radioactive
				standards and radioactive wastes in an enclosed and properly labeled area,
				either within the analytical environmental laboratory or in a separate room or
				facility. The laboratory shall store standards, samples, and radioactive wastes
				safely in containers that protect against flammability and against
				contamination of the laboratory;
2.
				The laboratory shall prepare standards and samples in an area of the
				environmental laboratory specifically designated for and exclusively used for
				the preparation of radioactive standards and samples. The laboratory shall take
				adequate precautions in this area to ensure against radioactive contamination.
				The laboratory shall provide for safe storage and disposal of radioactive
				wastes and shall monitor the work area for radioactivity;
3. The laboratory shall label all reagents
				and reagent solutions to indicate identity and, when applicable, titer,
				strength or concentration, recommended storage requirements, preparation,
				expiration date, and any other pertinent information;
4. The laboratory shall immediately discard
				any reagent or reagent solution that is past its expiration date; and
5. The laboratory shall not use materials of
				substandard reactivity or deteriorated materials.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 6 - RADIOCHEMICAL TESTING PROCEDURES INCLUDING RADON GAS/RADON PROGENY › Section 7:18-6.6 - Requirements for quality assurance/quality control program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The laboratory
				shall develop and keep current a quality assurance/quality control manual. The
				laboratory shall not perform analyses of regulatory samples without having a
				current quality assurance/quality control manual covering the analysis in
				question. In the manual, the laboratory shall describe the following:
1. The procedures that the laboratory will
				use in meeting the quality control requirements of this subchapter, N.J.A.C.
				7:18-3, and all applicable DSAMs, including but not limited to requirements
				pertaining to laboratory equipment, instrumentation and supplies; and
2. The frequency with which the laboratory
				will perform the procedures listed pursuant to (a)1 above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 6 - RADIOCHEMICAL TESTING PROCEDURES INCLUDING RADON GAS/RADON PROGENY › Section 7:18-6.7 - Requirements for records and data reporting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The laboratory
				shall retain records concerning radiochemical analyses. The records to be
				retained include raw data records, quality control data records (including
				records of all quality control checks under
				7:18-6.6(c)  ),
				chain-of-custody forms, laboratory reports, and the information required under
				(d) below. The laboratory shall retain each record for at least five years
				after the date of the analysis, provided however, that the laboratory shall
				retain records of analyses for 10 years if the person requesting the analyses
				has informed the laboratory that the analyses were to be performed because of
				epidemiological or public health concerns.
(b) The laboratory shall file and maintain
				data and other records in an accessible location on the laboratory's premises
				for one year after the date of analysis so that reviews can be conducted during
				on-site audits.
(c) The laboratory
				shall not accept custody of regulatory samples unless a chain-of-custody form
				is submitted with the samples, in accordance with
				7:18-9.3(b).
1. Before accepting custody of a regulatory
				sample, the laboratory shall determine that the sample is properly labeled and
				has met the handling and preservation requirements. If the sample fails to meet
				those requirements, the laboratory shall indicate that failure on the
				chain-of-custody section of the sample request form or the chain-of-custody
				form;
2. The laboratory's sample
				custodian accepting responsibility for the sample shall sign the
				chain-of-custody form;
3. The
				laboratory shall have an internal chain-of-custody procedure or an alternate
				sample tracking procedure which establishes a sample's integrity and completely
				tracks its custody during its lifetime in the laboratory; and
4. If the analysis was not performed at the
				laboratory that first received the sample, the chain-of-custody form shall
				include the name, address and identification number of the New Jersey certified
				environmental laboratory to which the sample was forwarded.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 7 - TOXICITY TESTING › Section 7:18-7.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter applies to certified
				environmental laboratories when performing toxicity testing on regulatory
				samples, and to other laboratories performing toxicity testing on PT samples to
				become certified.
1. A laboratory performing
				acute toxicity tests shall meet the minimum requirements established at
				7:18-7.2 through 7.7.
2. A laboratory performing chronic toxicity
				tests shall meet the minimum requirements established at 40 CFR 136,
				specifically Table 1A, incorporated herein by reference at
				7:18-1.5(a)2.
3. A laboratory performing chronic toxicity
				tests shall also meet the minimum requirements established at N.J.A.C.
				7:18-3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 7 - TOXICITY TESTING › Section 7:18-7.4 - General laboratory procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A laboratory
				performing acute toxicity tests shall have available and use glass-distilled or
				deionized water, referred to in this chapter as laboratory pure water, that
				satisfies the following requirements:
1. The
				laboratory pure water shall have conductivity of less than 1.0 micromho/cm at
				25 degrees Celsius, and shall not contain any of the constituents listed in
				Table 7.4(a) in a concentration greater than or equal to the limit specified in
				Table 7.4(a).
Table 7.4(a)
Constituents in Laboratory Pure Water
Constituent
Limit
Arsenic, Chromium(VI) and Nickel
10.0 [mu] g/L
						each
Total Organic Carbon (TOC)
2.0mg/L
Fluoride
100 [mu] g/L
Un-ionized Ammonia
12.5 [mu] g/L
Lead and Copper
5.0 [mu] g/L each
Silver
2.0 [mu] g/L
Mercury
0.30 [mu] g/L
Total Residual Chlorine
0.5mg/L
Cadmium
1.0 [mu] g/L
Aldrin
0.03 [mu] g/L
Chlordane
0.5 [mu] g/L
DDT and DDE pesticides
0.13 [mu] g/L each
Dieldrin
0.05 [mu] g/L
Endosulfan I & II
0.06 [mu] g/L each
Endrin
0.10 [mu] g/L
Heptachlor
0.09 [mu] g/L
Lindane
0.08 [mu] g/L
PCBs (as PCB 1242)
0.07 [mu] g/L
Toxaphene
1.00 [mu] g/L
Standard (Heterotrophic) Plate
100 colony forming
						units (CFU)/100 mL
Count
Bacteriological Water Suitability
0.8-3.0
						Ratio
Test
Total Solids
10 mg/L
2. The
				laboratory shall have the laboratory pure water analyzed at least monthly for
				conductivity or resistivity, and for total residual chlorine. The laboratory
				shall document the results.
3. The
				laboratory shall have the laboratory pure water analyzed at least semi-annually
				for standard plate count, and at least annually for TOC, total solids,
				fluoride, un-ionized ammonia, arsenic, hexavalent chromium, copper, lead,
				nickel, cadmium, mercury, silver, bacteriological water suitability test, all
				listed pesticides, and PCBs. The laboratory shall document the
				results.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 7 - TOXICITY TESTING › Section 7:18-7.6 - Calculating, analyzing, and reporting of quantal test results

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A toxicity test
				is invalid if any of the conditions listed in (a)1 through 5 below occurs. When
				a toxicity test is invalidated, the laboratory shall clearly mark the test
				results accordingly. The laboratory shall submit the results to the Department,
				along with a written explanation as to the reason for the invalidation and the
				expected date that the test will be repeated. If a toxicity test is
				invalidated, the laboratory shall repeat the test as soon as possible within
				the monitoring period specified in the permit. A toxicity test is invalid if:
1. In an N.M.A.T. or N.O.A.E.C. test,
				mortality of the control test organisms exceeds 10 percent;
2. In tests determining either an EC[50] or
				an LC[50], greater than 10 percent of the control test organisms either show
				the effect or exhibit mortality;
3.
				In definitive tests determining an LC[50] or an EC[50], after pooling replicate
				test chamber responses two or more test concentrations deviate significantly
				from the expected trend of increasing effluent concentrations exhibiting
				increasing levels of toxicity. Deviation in response from the expected trend of
				greater than 10 percent (mortality for an LC[50], or effect for an EC[50])
				shall be considered to be significant;
4. The 95 percent confidence limits cannot be
				calculated for a test which results in an LC[50] or EC[50] that is either less
				than the highest effluent concentration tested, or greater than the lowest
				effluent concentration tested. However, the test need not be invalidated if the
				calculated LC[50] or EC[50] lower confidence limit is ≥30 percent of the
				highest effluent concentration tested and the upper confidence limit is a
				positive infinity; or
5. The
				laboratory is unable to calculate 95 percent confidence limits when required
				under (b)4ii below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 8 - ANALYZE-IMMEDIATELY AND CONTINUOUS MONITORING ENVIRONMENTAL MEASUREMENTS › Section 7:18-8.1 - Scope and general requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				applies to certified environmental laboratories when performing
				analyze-immediately and continuous monitoring environmental measurements on
				regulatory samples, and to other laboratories performing analyze-immediately
				and continuous monitoring environmental measurements on PT samples to become
				certified. This subchapter applies to analyze-immediately environmental
				measurements of parameters in the following categories (including, but not
				limited to, chlorine dioxide, dissolved oxygen with probe, pH, ozone, residual
				chlorine, sulfite, and temperature):
1.
				Drinking Water Matrix - Category DW04, Analyze-Immediately (< 15 min) and
				Continuous Monitoring; and
2.
				Non-Potable Water Matrix - Category NPW04, Analyze-Immediately (< 15 min)
				and Continuous Monitoring.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 8 - ANALYZE-IMMEDIATELY AND CONTINUOUS MONITORING ENVIRONMENTAL MEASUREMENTS › Section 7:18-8.2 - Requirements for environmental laboratory equipment, supplies, and materials

Current through Register Vol. 56, No. 14, July 15, 2024
The supervisor shall have control over the equipment,
				  supplies, and materials used in analyze-immediately and continuous monitoring
				  testing and analysis of regulatory samples. The equipment, supplies, and
				  materials shall be sufficient to perform those tests and analyses, and shall
				  meet the requirements of
N.J.A.C. 7:18-3
, N.J.A.C. 7:18-5, and
				  the applicable DSAM.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 8 - ANALYZE-IMMEDIATELY AND CONTINUOUS MONITORING ENVIRONMENTAL MEASUREMENTS › Section 7:18-8.3 - Required use of techniques specified in DSAMs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In
				performing an analyze-immediately and continuous monitoring analysis of a
				regulatory sample (including, without limitation, analysis of a PT sample by a
				laboratory that is applying to become certified), a laboratory shall use only:
1. A DSAM from the applicable Category listed
				in N.J.A.C. 7:18- 8.1(a) for which the laboratory is certified; or
2. An ATP approved by the Department for the
				laboratory and, if applicable, for the facility in question.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 8 - ANALYZE-IMMEDIATELY AND CONTINUOUS MONITORING ENVIRONMENTAL MEASUREMENTS › Section 7:18-8.4 - Requirements for quality assurance/quality control program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				laboratory shall develop and keep current a quality assurance/quality control
				manual. The laboratory shall not perform analyses of regulatory samples without
				having a current quality assurance/quality control manual covering the analysis
				in question. In the manual, the laboratory shall describe the following:
1. The procedures that the laboratory will
				use in meeting the quality control requirements of this subchapter, N.J.A.C.
				7:18-3 and 5, and all applicable DSAMs, including without limitation
				requirements pertaining to laboratory equipment and instrumentation, supplies,
				and the frequency with which such procedures shall be performed; and
2. The frequency with which the laboratory
				will perform the procedures listed pursuant to (a)1 above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 8 - ANALYZE-IMMEDIATELY AND CONTINUOUS MONITORING ENVIRONMENTAL MEASUREMENTS › Section 7:18-8.5 - Requirements for records and data reporting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				laboratory shall retain records concerning analyze-immediately and continuous
				monitoring analyses. The records to be retained include raw data records,
				quality control data records, chain-of-custody forms, laboratory reports, and
				the information required under (d) below. The laboratory shall retain each
				record for at least five years after the date of the analysis, provided,
				however, that the laboratory shall retain records of analyses for 10 years if
				the person requesting the analyses has informed the laboratory that the
				analyses were to be performed because of epidemiological or public health
				concerns.
(b) The laboratory shall
				file and maintain data and other records in an accessible location on the
				laboratory's premises for one year after the date of analysis so that reviews
				can be conducted during on-site audits.
(c) The laboratory shall retain the following
				information as part of the records of analysis:
1. The assigned laboratory sample number or
				other unique form of identification;
2. The date and time of sample
				analysis;
3. The name and signature
				of the person or persons who collected the sample;
4. The name and signature of the person or
				persons who analyzed the sample;
5.
				The type of analysis performed and the DSAM used; and
6. The results of the analysis and the raw
				data generated by the analysis.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 9 - SAMPLE REQUIREMENTS › Section 7:18-9.1 - Scope and general requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				applies to certified environmental laboratories when:
1. Handling and preserving regulatory samples
				for microbiological, inorganic, organic, radiochemical, and acute toxicity
				testing;
2. Collecting regulatory
				samples for acute toxicity testing;
3. Accepting regulatory samples that have
				been collected, handled or preserved by persons other than the laboratory;
				and
4. Collecting, handling,
				preserving and accepting samples for compliance with the PWTA.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 9 - SAMPLE REQUIREMENTS › Section 7:18-9.2 - Requirements for microbiological parameter samples

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For regulatory
				samples that are to be analyzed for microbiological parameters to demonstrate
				compliance with the drinking water program:
1. The requirements of (c) below shall be
				satisfied;
2. Sample containers,
				preservation techniques, and holding times shall satisfy the requirements under
				7:18-9.4(b)1  and
				Table 9.1; and
3. Collection,
				handling, analysis and preservation of drinking water samples for compliance
				with the statutes listed at
				7:18-1.1(c)1  and
				7 shall adhere to the sampling identification, and transfer procedures
				described in the latest edition of Standard Methods approved by the USEPA. If
				there is any conflict between the collection, handling and preservation
				requirements in Standard Methods and the corresponding requirements in this
				subchapter, the requirements in Standard Methods shall control.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 9 - SAMPLE REQUIREMENTS › Section 7:18-9.3 - Requirements for inorganic, organic, and radiochemical parameter samples

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Regulatory samples to be analyzed for one
				or more inorganic, organic, or radiochemical parameters shall be handled and
				preserved as follows:
1. Drinking water
				program samples to be analyzed for one or more inorganic or organic parameters
				shall be handled and preserved in accordance with the applicable requirements
				of Table 9.1 in
7:18-9.4(b)
;
2. Wastewater program
				samples to be analyzed for one or more chemical parameters shall be handled and
				preserved in accordance with the applicable requirements in Table 9.2 in
7:18-9.4(c)
;
3. Solid/hazardous waste
				program samples (aqueous non-potable matrices) to be analyzed for one or more
				chemical parameters shall be handled and preserved in accordance with the
				applicable requirements in Table 9.2 in
7:18-9.4(c)
;
4. Drinking water
				program samples to be analyzed for one or more radiochemical parameters shall
				be handled and preserved in accordance with the applicable requirements of
				Table 9.3 in
7:18-9.4(d)
;
5. Wastewater program
				samples to be analyzed for one or more radiochemical parameters shall be
				handled and preserved in accordance with the applicable requirements in Table
				9.4 in
7:18-9.4(e)
;
6. Solid/hazardous waste
				program samples in the form of soils, liquids, sediments, and sludges shall be
				handled and preserved in accordance with the applicable requirements in Table
				9.5 in
7:18-9.4(f)
;
7. CERCLA-CLP aqueous
				and non-aqueous samples shall be handled and preserved in accordance with the
				applicable requirements in Table 9.6 in
				7:18-9.4(g);
				and
8. Air program samples to be
				analyzed for one or more chemical parameters shall be handled and preserved in
				accordance with the applicable requirements in Table 9.7 in
7:18-9.4(h)
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 10 - CIVIL ADMINISTRATIVE PENALTIES AND ADMINISTRATIVE ORDERS › Section 7:18-10.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				establishes procedures governing the following, in connection with violations
				of any provision of this chapter or any provision of an order issued pursuant
				to this chapter:
1. The assessment of civil
				administrative penalties; and
2.
				The issuance of civil administrative orders.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 10 - CIVIL ADMINISTRATIVE PENALTIES AND ADMINISTRATIVE ORDERS › Section 7:18-10.2 - Administrative orders

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided in (c) below, the Department may issue an administrative order against
				any certified environmental laboratory or other person who has violated any
				provision of this chapter, or any provision of an order issued pursuant to this
				chapter, for one or more of the following purposes:
1. To direct the laboratory or other person
				to comply with a provision of this chapter or of an order issued pursuant to
				this chapter;
2. To suspend or
				revoke a certified environmental laboratory's certification, in whole or in
				part, pursuant to
				7:18-2.15; and
3. To assess civil administrative penalties
				in accordance with
				7:18-10.3;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 10 - CIVIL ADMINISTRATIVE PENALTIES AND ADMINISTRATIVE ORDERS › Section 7:18-10.3 - Civil administrative penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided in (c) below, the Department may assess a civil administrative penalty
				against any certified environmental laboratory or other person who has violated
				any provision of this chapter, or any provision of an order issued pursuant to
				this chapter. The Department shall determine the amount of the penalty by:
1. Establishing the class of the violation
				that is the subject of the penalty, in accordance with
				7:18-10.4; and
2. Selecting the penalty designated for the
				class of violation, in accordance with
				7:18-10.5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 10 - CIVIL ADMINISTRATIVE PENALTIES AND ADMINISTRATIVE ORDERS › Section 7:18-10.4 - Classes of violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) "Minor
				violation" means any violation of the requirements of this chapter or of any
				order issued pursuant to this chapter pertaining to laboratory administration
				procedures or to any laboratory operating procedures, other than specific
				analytical procedures. Minor violations include, but are not limited to,
				noncompliance with requirements pertaining to laboratory management procedures,
				failure to submit required fees, and failure to respond to notices of
				deficiencies that have not directly affected data quality. Violations of
				specific provisions of this chapter that are defined as minor violations
				include, but are not necessarily limited to:
1.
										7:18-1.4(e),
				failure to display certification;
2.
										7:18-2.11, noncompliance with
				requirements relating to managerial and supervisory duties;
3.
										7:18-2.12(a)2  and
				3, noncompliance with those criteria for compliance sample acceptance and
				analysis relating to personnel qualifications and laboratory
				management;
4.
										7:18-2.14(c),
				failure to notify the Department of a change in the location of the
				laboratory;
5.
										7:18-2.14(g),
				failure to notify the Department of the completion of corrective
				action;
6.
										7:18-2.19(a),
				failure to report personnel changes;
7.
										7:18-2.22(b)1,
				failure to obtain required written statements and disclaimers; and
8.
										7:18-3.2, noncompliance with
				laboratory facility and safety requirements.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 10 - CIVIL ADMINISTRATIVE PENALTIES AND ADMINISTRATIVE ORDERS › Section 7:18-10.5 - Civil administrative penalty determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each violation
				of any of the provisions of this chapter or of any order issued pursuant to
				this chapter shall constitute a separate and distinct offense.
(b) Subject to the provisions of (c) below,
				the matrix of civil administrative penalties for violations of any provision of
				this chapter is as follows:
3rd and
subsequent
Class of violation
1st violation
2nd
						violation
violations
Minor
$ 250
$ 500
$ 1,000
Moderate
$ 1,000
$ 2,000
$
						5,000
Major
$ 5,000
$ 10,000
$
						25,000
(c)
				Notwithstanding (b) above, the civil administrative penalty shall be $ 5,000
				for any second or subsequent violation of any provision of this chapter arising
				in connection with the Safe Drinking Water Program, and which are defined as
				minor or moderate.
(d) The
				Department will treat a violation as a first violation for purposes of
				determining the civil administrative penalty amount if the violator has not
				committed the same violation in the three calendar year period immediately
				preceding the date of the violation at issue.
(e) The Department may reduce or increase any
				penalty assessed pursuant to the provisions of this subchapter, or take
				additional enforcement action available to it pursuant to law, on the basis of
				any one or more of the factors listed in (e)1 through 7 below. No such factor
				constitutes a defense to any violation. The factors are:
1. The compliance history of the
				violator;
2. The number, frequency
				and severity of the violations;
3.
				The measures taken by the violator to mitigate the effects of the current
				violation or to prevent the occurrence of future violations;
4. The deterrent effect of the
				penalty;
5. The cooperation of the
				violator in correcting the violation, remedying any environmental damage caused
				by the violation and ensuring that the violation does not recur;
6. Any unusual or extraordinary costs
				directly or indirectly imposed on the public by the violation; and
7. Any other extenuating, mitigating or
				aggravating circumstances.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 10 - CIVIL ADMINISTRATIVE PENALTIES AND ADMINISTRATIVE ORDERS › Section 7:18-10.6 - Procedures for civil administrative orders, assessment of civil administrative penalties and suspension or revocation of certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any order,
				notice of civil administrative penalty assessment, notice of suspension of
				certification or notice of revocation of certification issued pursuant to this
				chapter shall:
1. Be served either personally
				or by certified mail, return receipt requested upon the person or persons who
				are the subject of the order or notice;
2. Identify the person or persons claimed by
				the department to have violated any provision of this chapter;
3. Describe the activity or activities which
				are in violation;
4. Identify the
				specific provision or provisions of this chapter which have been
				violated;
5. Describe the remedial
				or other action which must be implemented or caused to be implemented by the
				violator and the time periods within which such implementation shall commence
				and be completed;
6. Identify the
				office within the department to which any required reply or other
				correspondence must be directed;
7.
				Advise the person or persons named in the order of the right to request an
				adjudicatory hearing pursuant to the provisions of
				7:18-2.17;
8. In the case of a civil administrative
				penalty assessment, specify the amount of the civil administrative penalty to
				be imposed;
9. In the case of a
				suspension or revocation of certification, a description of the areas in which
				the certification is to be suspended or revoked and the specific grounds for
				the suspension or revocation; and
10. In the case of a suspension of
				certification, the length of time for which a suspension will remain in
				effect.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 10 - CIVIL ADMINISTRATIVE PENALTIES AND ADMINISTRATIVE ORDERS › Section 7:18-10.7 - Procedures to request an adjudicatory hearing to contest an administrative order, administrative penalty assessment, suspension of certification or revocation of certification

Current through Register Vol. 56, No. 14, July 15, 2024
A laboratory or other person may request an adjudicatory
				  hearing to contest an administrative order, notice of civil administrative
				  penalty assessment, or suspension or revocation of certification, in accordance
				  with 7:18-2.17.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 10 - CIVIL ADMINISTRATIVE PENALTIES AND ADMINISTRATIVE ORDERS › Section 7:18-10.8 - Civil penalties for violations of N.J.S.A.26:2D-70 et seq. (The provisions of the Radiation Protection Act governing Radon)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who
				violates any provision of
				26:2D-70 (the provisions of the
				Radiation Protection Act governing Radon), or who violates any provision of
				this chapter in connection with the Radon/Radon Progeny-in-Air Program, shall
				be liable, upon order of a Court, to a civil penalty of not more than $
				2,500.
(b) Any penalty ordered as
				provided in this section may be imposed and collected with costs in a summary
				proceeding pursuant to the Penalty Enforcement Law, N.J.S.A. 2A-58-1 et seq.
				The Superior Court and the municipal court shall have jurisdiction to enforce
				the provisions of Penalty Enforcement Law in connection with penalties pursuant
				to this section.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 10 - CIVIL ADMINISTRATIVE PENALTIES AND ADMINISTRATIVE ORDERS › Section 7:18-10.9 - Other enforcement actions

Current through Register Vol. 56, No. 14, July 15, 2024
Notwithstanding the availability of any other remedies, the
				  Department may, at its discretion seek any other remedies it may have available
				  pursuant to applicable law, including but not limited to, injunctive relief and
				  civil penalties and criminal penalties.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 1 - GENERAL PROVISIONS › Section 7:19-1.1 - Scope and authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				shall constitute the Department's rules governing the establishment of
				privileges to divert water, the management of water quantity and quality, the
				issuance of permits, and the handling of drought warnings, water emergencies
				and water quality emergencies considered severe enough to constitute water
				emergencies pursuant to
				58:1A-1 et seq., the Water Supply
				Management Act;
				58:2-1 et seq., commonly known as
				the Excess Diversion Act;
				58:12A-1 et seq., the Safe
				Drinking Water Act;
				58:11-59 et seq., commonly known
				as the Small Water Company Takeover Act; and
				58:4A-4.1 et seq., commonly known
				as the Subsurface and Percolating Waters Act. This chapter establishes the
				schedule and reporting procedures that persons having the capability to divert
				more than 100,000 gallons of water per day shall follow in order to establish
				their privilege to divert water and obtain a Water Supply Allocation Permit, a
				Temporary Dewatering Permit or a Water Use Registration. In addition, this
				chapter prescribes the application, review, notification and hearing procedures
				for establishing those privileges.
(b) This chapter also establishes the
				procedures for determining, assessing and collecting excess diversion fees;
				contract review and approval; areas of critical water supply concern; and water
				emergency allocation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 1 - GENERAL PROVISIONS › Section 7:19-1.2 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				shall be liberally construed to permit the Department to discharge its
				statutory functions under
				58:1A-1 et seq., the Water Supply
				Management Act;
				58:2-1 et seq., commonly known as
				the Excess Diversion Act;
				58:12A-1 et seq., the Safe
				Drinking Water Act;
				58:11-59 et seq., commonly known
				as the Small Water Company Takeover Act; and
				58:4A-4.1 et seq., commonly known
				as the Subsurface and Percolating Waters Act.
(b) The Commissioner may amend, repeal or
				rescind this chapter from time to time in conformance with the Administrative
				Procedure Act,
				52:14B-1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 1 - GENERAL PROVISIONS › Section 7:19-1.4 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				applies to all persons holding existing permits, or diverting, having the
				capability to divert, or claiming the right to divert more than 100,000 gallons
				of water per day either from a single source or a combination of sources, and
				to all persons intending to divert more than 100,000 gallons of water per day
				except as specified below:
1. Except for
				N.J.A.C. 7:19-8, and as noted in N.J.A.C. 7:19-9 through 17 this chapter does
				not apply to diversions for agricultural or horticultural purposes as defined
				in 7:20A-1.3.
2. This chapter does not apply to diversions
				of salt water except where the Department determines that the diversion and
				resultant usage may affect utilization of fresh water.
3. A permit shall not be required for a
				person receiving water from a water purveyor or for transfers of water from a
				permittee within the scope of an existing permit.
4. This chapter does not apply to persons who
				make emergency diversions of water for periods of less than 31 days. An
				emergency diversion includes the taking of water for the purpose of fire
				fighting, flood prevention, hazardous substance and/or waste spill response, or
				for other emergency purposes as determined by the Department. In all cases of
				emergency diversion, the person responsible for the diversion shall contact the
				Department within 48 hours of initiation of the emergency diversion. If the
				emergency diversion is expected to continue for 31 days or more, then the
				person initiating the emergency diversion shall apply for a water supply
				allocation permit within 30 days after initiating the emergency
				diversion.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 1 - GENERAL PROVISIONS › Section 7:19-1.5 - Major and minor permit modifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A major
				modification of a permit shall be obtained pursuant to
				7:19-2.2 for the following:
1. A change in water use from that specified
				in the permit, or permit application, including any increase in the amount of
				consumptive use of 10 percent or greater.
2. A change in the location of the wastewater
				discharge of the water withdrawn pursuant to the permit, if the change in
				location of the wastewater discharge reduces the safe or dependable yield of
				the water resource or affects downstream permittees.
3. The relocation of an intake or well to a
				site more than 100 feet from the site specified pursuant to the
				permit;
4. The addition of a
				diversion source;
5. An increase in
				diversion capacity which results in an increased yield from the currently
				permitted diversion source;
6. An
				increase in daily or monthly or annual allocation; and/or
7. Any other requested modification to an
				existing permit condition which has the potential to cause an adverse impact
				either upon the water resource or upon other users of that resource.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 1 - GENERAL PROVISIONS › Section 7:19-1.6 - Diversion source categories and requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A permittee
				with an inactive well who intends to use the well in the future shall request
				in writing that the Department place the well on inactive status within the
				scope of the permit and shall:
1. Submit an
				initial inactive well inspection report on a form provided by the
				Department;
2. Submit a
				certification form, provided by the Department, by January 31 of each year
				thereafter. The permittee shall certify that the well is structurally sound, is
				protected from vandalism and contamination, and is not a threat to public
				health. If the permittee operated the inactive well during the year, the total
				number of hours and gallons pumped shall be reported on the certification
				form.
3. If the Department
				determines pursuant to
				58:4A-4.1 et seq. that the
				inactive well has not been in operation for three or more years or is
				improperly maintained so as to pose a threat to the public health or the water
				resource, the Department will order the permittee to have the well sealed, by a
				New Jersey licensed well driller who is certified to seal wells, in accordance
				with 58:4A-4.1 et seq. and N.J.A.C.
				7:9-9.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 1 - GENERAL PROVISIONS › Section 7:19-1.7 - Unpermitted diversions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person
				presently diverting or claiming the right to divert more than 100,000 gallons
				of water per day and who does not hold a valid permit is subject to penalties
				provided for under
				7:19-1.8 and shall apply for a
				permit immediately.
(b) Any person
				who intends to divert more than 100,000 gallons of water per day shall apply
				for a permit by following the application procedures set forth in N.J.A.C.
				7:19-2.
(c) Any person who holds a
				Water Policy and Supply Council permit that was valid prior to February 10,
				1982, but who did not reestablish that privilege to divert water as of February
				10, 1982, shall apply for a permit immediately in accordance with
				7:19-2.2.
(d) Any purveyor who, because of a local
				water emergency, needs to divert water from a diversion source for which the
				purveyor does not have diversion privileges under a permit pursuant to this
				chapter shall submit a written request for approval of such diversion to the
				Administrator of the Water Supply Element, CN-426, Trenton, New Jersey 08625.
				The purveyor shall be eligible for such an approval only if the following
				requirements are met:
1. The purveyor and/or
				the local governing body, as appropriate, shall give public notice a local
				water emergency exists;
2. The
				purveyor and/or the local governing body, as appropriate, shall impose
				mandatory water use restrictions and properly notify its water users;
3. The purveyor shall obtain the
				certification of a professional engineer or the licensed operator of the public
				water supply that the water from the unapproved diversion source meets the
				primary drinking water quality standards of N.J.A.C. 7:10. The certification of
				the water quality test results shall be submitted to the Department's Bureau of
				Safe Drinking Water for review and approval;
4. The purveyor shall apply for a major
				modification of its permit in accordance with
				7:19-2.2 within 30 calendar days of
				the initiation of the diversion approved pursuant to this subsection;
5. The purveyor shall apply to the Bureau of
				Safe Drinking Water for a water works facilities approval in accordance with
				N.J.A.C. 7:10-11 within 30 calendar days of the initiation of the diversion
				approved pursuant to this subsection; and
6. The purveyor shall use the diversion
				approved pursuant to this subsection only on a last on, first off basis until
				the permit modification pursuant to (d)4 above and water works approval
				pursuant to (d)5 above are granted.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 1 - GENERAL PROVISIONS › Section 7:19-1.8 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
Failure by any person to comply with any requirement of the
				  Act including, but not limited to, a violation of any rule, license, permit,
				  administrative order or this chapter may result in a penalty in accordance with
				  N.J.A.C. 7:19-18.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 1 - GENERAL PROVISIONS › Section 7:19-1.9 - Program information

Current through Register Vol. 56, No. 14, July 15, 2024
Unless otherwise specified, any questions concerning the
				  requirements of N.J.A.C. 7:19-1 through 4 and 7 through 18 shall be directed to
				  the Bureau of Water Allocation, Water Supply Element, New Jersey Department of
				  Environmental Protection, CN 426, Trenton, New Jersey 08625. Questions
				  concerning the requirements of N.J.A.C. 7:19-5 and 6 shall be directed to the
				  Bureau of Safe Drinking Water, Water Supply Element, New Jersey Department of
				  Environmental Protection, CN 426, Trenton, New Jersey 08625. A Technical Manual
				  for each of these programs is available from Maps and Publications, Bureau of
				  Revenue, CN-417, Trenton, New Jersey 08625.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 1 - GENERAL PROVISIONS › Section 7:19-1.10 - General prohibition

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall divert water either from a single diversion
				  source or from combined diversion sources at a rate in excess of 100,000
				  gallons of water per day without obtaining a Water Supply Allocation Permit or
				  a Temporary Dewatering Permit, a Water Use Registration, or complying with the
				  requirements for a Short Term Water Use Permit-by-Rule or Dewatering
				  Permit-by-Rule in accordance with this chapter or a water usage certification
				  in accordance with N.J.A.C. 7:20A.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 1 - GENERAL PROVISIONS › Section 7:19-1.11 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any section, subsection, provision, clause, or portion of
				  this chapter is adjudged unconstitutional or invalid 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 19 - WATER SUPPLY ALLOCATION PERMITS › Subchapter 2 - PERMIT AND WATER USE REGISTRATION PROCEDURES; PERMITS-BY-RULE › Section 7:19-2.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter prescribes the procedures which shall be
				  followed by applicants when applying for and the Department when processing
				  applications for water supply allocation permits and temporary dewatering
				  permits. This chapter also prescribes the requirements for short term water use
				  and dewatering permits-by-rule and water use registrations.