reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1D - GENERAL PRACTICE AND PROCEDURE › Subchapter 2 - DEBARMENT, SUSPENSION, AND DISQUALIFICATION FROM DEPARTMENT CONTRACTING › Section 7:1D-2.3 - Conditions for debarment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Debarment from department contracting shall be made only by the commissioner, except as otherwise provided by law.
(b) The existence of any of the causes set forth in section 2 of this subchapter shall not necessarily require that a person be debarred. In each instance, the decision to debar shall be made within the discretion of the head of the department or agency unless otherwise required by law, and shall be rendered in the best interests of the State.
(c) All mitigating factors shall be considered in determining the seriousness of the offense, failure or inadequacy of performance and in deciding whether debarment is warranted.
(d) The existence of a cause set forth in section 2(a)1 through 7 of this subchapter shall be established upon the rendering of a final judgment or conviction by a court of competent jurisdiction or by an administrative agency empowered to render such judgment. In the event an appeal taken from such judgment or conviction results in reversal thereof, the debarment shall be removed upon the request of the debarred person unless other cause for debarment exists.
(e) The existence of a cause set forth in section 2(a)8 through 11 of this subchapter shall be established by evidence which the department or agency determines to be clear and convincing in nature.
(f) Debarment for the cause set forth in section 2(a)12 of this subchapter shall be proper provided that one of the remaining causes set forth in section 2 of this subchapter was the basis for debarment by the original debarring agency. Such debarment may be based entirely on the record of facts obtained by the original debarring agency, or upon a combination of such facts and additional facts.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1D - GENERAL PRACTICE AND PROCEDURE › Subchapter 2 - DEBARMENT, SUSPENSION, AND DISQUALIFICATION FROM DEPARTMENT CONTRACTING › Section 7:1D-2.4 - Procedures, period, and scope of debarment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Department or any agency within its control or jurisdiction seeks to debar a person or his or her affiliates, the person or persons shall be furnished with a written notice stating that:
1. Debarment is being considered;
2. The reasons for the proposed debarment; and
3. An opportunity will be afforded to such person or persons for a hearing if the hearing is requested within seven days from the date of personal delivery or the date of mailing of such notice. Such request shall be filed with the Department at the following address:
New Jersey Department of Environmental Protection
Office of Administrative Hearings and Dispute Resolution
ATTENTION: Adjudicatory Hearing Requests
401 E. State Street
PO Box 420
Trenton, New Jersey 08625-0420
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1D - GENERAL PRACTICE AND PROCEDURE › Subchapter 2 - DEBARMENT, SUSPENSION, AND DISQUALIFICATION FROM DEPARTMENT CONTRACTING › Section 7:1D-2.5 - Suspension and causes therefor

Current through Register Vol. 56, No. 14, July 15, 2024
The commissioner may suspend a person from State contracting with the department or any agency within the control or jurisdiction of the department for any cause specified in section 2 of this subchapter or upon a reasonable suspicion that such cause exists.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1D - GENERAL PRACTICE AND PROCEDURE › Subchapter 2 - DEBARMENT, SUSPENSION, AND DISQUALIFICATION FROM DEPARTMENT CONTRACTING › Section 7:1D-2.6 - Conditions for suspension

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Suspension from State contracting shall be made only by the commissioner with the approval of the Attorney General, except as otherwise provided by law.
(b) The existence of any cause for suspension shall not require that a suspension be imposed, and a decision to suspend shall be made at the discretion of the commissioner with the approval of the Attorney General, if in the best interests of the State.
(c) Suspension shall not be based upon unsupported accusation, but upon adequate evidence that cause exists or upon evidence adequate to create a reasonable suspicion that cause exists.
(d) In assessing whether adequate evidence exists, consideration shall be given to the amount of credible evidence which is available, to the existence or absence of corroboration as to important allegations, and to inferences which may properly be drawn from the existence or absence of affirmative facts.
(e) Reasonable suspicion of the existence of a cause described in section 2(a)1 through 7 of this subchapter may be established by the rendering of a final judgment or conviction by a court or administrative agency of competent jurisdiction, by grand jury indictment, or by evidence that such violations of civil or criminal law did in fact occur.
(f) A suspension invoked by another department or agency in the executive branch for any of the causes described in section 2 of this subchapter may be the basis for the imposition of a concurrent suspension by the commissioner without the necessity of an approval therefor by the Attorney General.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1D - GENERAL PRACTICE AND PROCEDURE › Subchapter 2 - DEBARMENT, SUSPENSION, AND DISQUALIFICATION FROM DEPARTMENT CONTRACTING › Section 7:1D-2.7 - Procedures, period and scope of suspension

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the commissioner suspends a person or his affiliates from department contracting, the person or persons suspended shall be furnished with a written notice that within ten days after the effective date of the suspension stating that:
1. A suspension has been imposed and its effective date;
2. The reasons for the suspension to the extent that the Attorney General determines that such reasons may be properly disclosed;
3. The suspension is for a temporary period pending the completion of an investigation and such legal proceedings as may ensue; and
4. If legal proceedings are not commenced or the suspension removed within 60 days of the date of such notice, the party will be given either a statement of the reasons for the suspension and an opportunity for a hearing if he so requests, or a statement declining to give such reasons and setting forth the position of the commissioner regarding the continuation of the suspension;
5. Where a suspension by another department or agency in the executive branch has been the basis for suspension by the commissioner, he shall note that fact as a reason for his suspension.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1D - GENERAL PRACTICE AND PROCEDURE › Subchapter 2 - DEBARMENT, SUSPENSION, AND DISQUALIFICATION FROM DEPARTMENT CONTRACTING › Section 7:1D-2.8 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The rules contained herein governing debarment or suspension shall be applicable to existing practices and procedures of the department and all agencies within the control or jurisdiction of the department, under laws that concern prequalification for State contracting to the extent that such practices and procedures may concern the disqualification of any person from State contracting.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1D - GENERAL PRACTICE AND PROCEDURE › Subchapter 2 - DEBARMENT, SUSPENSION, AND DISQUALIFICATION FROM DEPARTMENT CONTRACTING › Section 7:1D-2.9 - Exclusions

Current through Register Vol. 56, No. 14, July 15, 2024
Any exclusion from department contracting under these rules by virtue of debarment, suspension or disqualification shall extend to all State contracting and subcontracting within the control or jurisdiction of the department; provided, however, if the commissioner determines that it is essential to the public interest and files a finding thereof with the Attorney General, the commissioner may grant an exception from total exclusion with respect to a particular contract.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1D - GENERAL PRACTICE AND PROCEDURE › Subchapter 2 - DEBARMENT, SUSPENSION, AND DISQUALIFICATION FROM DEPARTMENT CONTRACTING › Section 7:1D-2.10 - Notice

Current through Register Vol. 56, No. 14, July 15, 2024
Insofar as practicable, prior notice shall be given by the commissioner to the Attorney General and the Treasurer of any proposed debarment or suspension under these rules.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1D - GENERAL PRACTICE AND PROCEDURE › Subchapter 2 - DEBARMENT, SUSPENSION, AND DISQUALIFICATION FROM DEPARTMENT CONTRACTING › Section 7:1D-2.11 - Lists

Current through Register Vol. 56, No. 14, July 15, 2024
The department shall provide the State Treasurer with the names of all persons suspended or debarred and the effective date and term thereof, if any.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1D - GENERAL PRACTICE AND PROCEDURE › Subchapter 2 - DEBARMENT, SUSPENSION, AND DISQUALIFICATION FROM DEPARTMENT CONTRACTING › Section 7:1D-2.12 - Discretion

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing required by these rules shall be construed to limit the authority of the commissioner or any agency within the control or jurisdiction of the department to refrain from contracting within the discretion allowed by law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1D - GENERAL PRACTICE AND PROCEDURE › Subchapter 3 - NON-PUBLIC RECORDS › Section 7:1D-3.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The categories of records in 7:1D-3.2, Records not subject to disclosure, is in addition to protections that are contained in the Open Public Records Act (OPRA), N.J.S.A. 47:14A-1 et seq., any applicable statute, resolution of one or both houses of the Legislature, regulation, Executive Order of the Governor, court order, or subject area-specific protection in Title 7, Department of Environmental Protection, of the New Jersey Administrative Code.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1D - GENERAL PRACTICE AND PROCEDURE › Subchapter 5 - EXTENSION OF COMMENT PERIOD AND PUBLIC HEARINGS ON PROPOSED RULES; NOTICE OF PROPOSAL AND QUARTERLY RULEMAKING CALENDAR › Section 7:1D-5.1 - Extension of comment period on a proposed rule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may extend the public comment period on a proposed rule whenever the Commissioner determines an extension is appropriate.
(b) The Department shall extend the public comment period on a proposed rule for an additional 30 days when sufficient public interest is demonstrated in accordance with (c) below.
(c) Sufficient public interest is demonstrated when, based on written request(s) for an extension or on the comments received within the 30-day period following publication of the proposal in the New Jersey Register:
1. The Department is satisfied that one of the criteria in (c)1i or ii below is met;
i. The proposed rule is complex and/or involves significant amendment(s) to a regulatory program; or
ii. The request(s) to extend the comment period encompasses a broad range of interests;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1D - GENERAL PRACTICE AND PROCEDURE › Subchapter 5 - EXTENSION OF COMMENT PERIOD AND PUBLIC HEARINGS ON PROPOSED RULES; NOTICE OF PROPOSAL AND QUARTERLY RULEMAKING CALENDAR › Section 7:1D-5.2 - Public hearing on a proposed rule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may conduct a public hearing on a proposed rule whenever the Commissioner determines that conducting a public hearing is appropriate.
(b) The Department shall conduct a public hearing on a proposed rule if required by statute.
(c) The Department shall conduct a public hearing on a proposed rule if, in accordance with 52:14B-4(a)(3), within 30 days following publication of the proposed rule in the New Jersey Register:
1. A public hearing is requested by a committee of the Legislature;
2. A public hearing is requested by a governmental agency or subdivision; or
3. Sufficient public interest in a public hearing is demonstrated in accordance with (d) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1D - GENERAL PRACTICE AND PROCEDURE › Subchapter 5 - EXTENSION OF COMMENT PERIOD AND PUBLIC HEARINGS ON PROPOSED RULES; NOTICE OF PROPOSAL AND QUARTERLY RULEMAKING CALENDAR › Section 7:1D-5.3 - Notice of proposed rule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall provide the following types of public notice for all of its rule proposals:
1. Publication of the proposal in the New Jersey Register;
2. Posting of a notice or statement of the substance of the proposed rule on the Department's website at
http://www.state.nj.us/dep
;
3. Distribution of a notice or statement of the substance of the proposed rule to the news media maintaining a press office in the State House Complex; and
4. Distribution of a notice or statement of the substance of the proposed rule to those persons who made timely request to the Department for notice of its rulemakings.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1D - GENERAL PRACTICE AND PROCEDURE › Subchapter 5 - EXTENSION OF COMMENT PERIOD AND PUBLIC HEARINGS ON PROPOSED RULES; NOTICE OF PROPOSAL AND QUARTERLY RULEMAKING CALENDAR › Section 7:1D-5.4 - Notice of rulemaking calendar

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall provide notice of its rulemaking calendar pursuant to 52:14B-3 as follows:
1. Publication in the New Jersey Register;
2. Distribution to the news media maintaining a press office in the State House Complex; and
3. Posting on the Department's website at
http://www.state.nj.us/dep
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 1 - GENERAL PROVISIONS › Section 7:1E-1.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter covers the discharge of hazardous substances as defined in this chapter. These rules set forth guidelines and procedures to be followed by all persons in the event of a discharge of a hazardous substance. They also set forth certain registration, reporting, design, operational, and maintenance requirements for owners and operators of major facilities and transmission pipelines which handle hazardous substances.
(b) This subchapter prescribes the provisions that are generally applicable. The following shall govern how certain terms are defined for use in this chapter, which persons are subject to this chapter, and the Department's rights of access for determining compliance with this chapter and the Act.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 1 - GENERAL PROVISIONS › Section 7:1E-1.2 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules, being necessary to promote the public health and welfare, and to protect the environment, shall be liberally construed so as to permit the Department to discharge its statutory functions under the Act.
(b) The Commissioner may amend or repeal this chapter in conformance with the Administrative Procedure Act, 52:14B-1 et seq., and N.J.A.C. 1:30.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 1 - GENERAL PROVISIONS › Section 7:1E-1.3 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any section, subsection, 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 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 1 - GENERAL PROVISIONS › Section 7:1E-1.4 - Relationship to Federal and State Law

Current through Register Vol. 56, No. 14, July 15, 2024
These rules are not intended to and do not relieve any person of the duty to comply with all other applicable laws, ordinances, rules, regulations or orders of governmental authorities governing activities regulated hereunder, including rules or regulations of the New Jersey Department of Environmental Protection, New Jersey Department of the Treasury, and other appropriate State, Federal and local agencies.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 1 - GENERAL PROVISIONS › Section 7:1E-1.5 - State non-liability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) New Jersey State government is not liable for any damages arising from its actions or omissions relating to any plan, registration or map required pursuant to this chapter. No approval by the Department of any plan or of any cleanup and removal activities shall be a defense against liability for the discharge, nor shall it shift liability for the discharge to the Department.
(b) In the event of a discharge, any person responsible for the discharge shall be held liable to the extent determined by the Act.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 1 - GENERAL PROVISIONS › Section 7:1E-1.7 - Hazardous substances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Petroleum and petroleum products and all substances listed in Appendix A to this chapter, incorporated herein by reference, shall be considered hazardous substances, except that sewage and sewage sludge shall not be considered as hazardous substances.
(b) For the purposes of this chapter, the following shall not be considered hazardous substances:
1. Metals, in either their pure elemental form or alloyed, in solid pieces with at least one dimensional measurement equal to or exceeding 100 micrometers (0.004 inches) or chemically bonded to an inert substrate; and
2. Any flammable substance or inert gas listed in Appendix A and which is designated by an asterisk.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 1 - GENERAL PROVISIONS › Section 7:1E-1.8 - Environmentally sensitive areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the purposes of designing and implementing a DPCC and a DCR plan, pursuant to N.J.A.C. 7:1E-4, the following shall be considered environmentally sensitive areas:
1. Surface waters, including, without limitation, the following: large rivers, medium rivers, streams, creeks, ponds, lakes, and reservoirs as defined in N.J.A.C. 7:7-12.1(b); canals as defined in N.J.A.C. 7:7-9.8(a); estuaries, as defined in 33 U.S.C. §
											1330(k); and bays, including without limitation open bays, semi-enclosed bays, and back bays, as defined in N.J.A.C. 7:7-12.1(b);
2. Any water resource, as defined at N.J.A.C. 7:19-1.3, which is utilized by a public water system, nonpublic water system, or water system, as defined at N.J.A.C. 7:10-1.3;
3. Bay islands, as defined at N.J.A.C. 7:7-9.21(a), and barrier island corridors, as defined at N.J.A.C. 7:7-9.20(a);
4. Beaches, as defined in N.J.A.C. 7:7-9.22(a);
5. Dunes, as defined in N.J.A.C. 7:7-9.16(a);
6. Wetlands and wetland transition areas, including, without limitation, the following: freshwater wetlands and transition areas, as defined at N.J.A.C. 7:7A-1.4; wetlands, as defined in N.J.A.C. 7:7-9.27(a); and wetland buffers and transition areas, as defined in N.J.A.C. 7:7-9.28(a);
7. Critical wildlife habitat, as defined in N.J.A.C. 7:7-9.37(a);
8. Prime fishing areas, as defined in N.J.A.C. 7:7-9.4(a);
9. Finfish migratory pathways, as defined in N.J.A.C. 7:7-9.5(a);
10. Submerged vegetation habitat, as defined in N.J.A.C. 7:7-9.6(a);
11. Shellfish waters as defined in N.J.A.C. 7:9B-1.4;
12. Forest areas, including prime forestland and unique forestland;
13. Habitat for Federal and State endangered or threatened plant and animal species, as defined in N.J.A.C. 7:7-9.36(a);
14. Federal and State wilderness areas, including areas included within the Natural Areas System, as designated in N.J.A.C. 7:5A-1.13, or the State Register of Natural Areas pursuant to the Natural Areas System Act, N.J.S.A. 13:1B-15.12a et seq. and 15.4 et seq., and N.J.A.C. 7:5A-1.4, and preserved land held by the New Jersey Natural Lands Trust pursuant to the New Jersey Natural Lands Trust Act, N.J.S.A. 13:1B-15.119 et seq.; and
15. Wild and scenic river corridors, as defined in N.J.A.C. 7:7-9.44(a).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 1 - GENERAL PROVISIONS › Section 7:1E-1.9 - Access

Current through Register Vol. 56, No. 14, July 15, 2024
(a) During normal business hours and at any time during an actual or suspected discharge or violation the Department and its representatives shall have the right to enter and inspect any facility, vessel, building, or equipment, or any portion thereof, in order to ascertain compliance with the Act, this chapter, or any order, or consent agreement issued or entered into pursuant thereto. At any time, the Department and its representatives shall have the right to enter and inspect those portions of any facility, vessel, building or equipment actively engaged in the transfer or processing of hazardous substances in order to ascertain compliance with the Act or this chapter, or any order, consent order or agreement issued or entered into pursuant thereto. Such right shall include, but not be limited to, the right to test or sample any materials at the facility, to sketch, photograph or videotape any portion of the facility, vessel, building or equipment, to copy or photograph any document or records necessary to determine such compliance or noncompliance; and to interview any employees or representatives of the owner or operator or their contractors. Such right shall be absolute and shall not be conditioned upon any action by the Department, except the presentation of appropriate credentials as requested and compliance with appropriate standard safety procedures.
(b) The Department may inspect major facilities prior to approving DPCC or DCR plans.
(c) Owners or operators, and any employees or representatives thereof, shall assist and shall not hinder or delay the Department and its representatives in the performance of all aspects of any inspection.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 1 - GENERAL PROVISIONS › Section 7:1E-1.10 - Waiver

Current through Register Vol. 56, No. 14, July 15, 2024
The Department, when it determines that the application of these rules would impair expeditious containment or cleanup and removal of discharges, or endanger life, health, safety or the environment, may waive any provision of these rules.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 1 - GENERAL PROVISIONS › Section 7:1E-1.11 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall cause, suffer, allow or permit a discharge of a hazardous substance.
(b) Major facilities, as defined in 7:1E-1.6, are required to meet the standards of this chapter. The Department shall grant the owner or operator of a major facility a reasonable period of time, in light of all circumstances including economic feasibility, to upgrade existing equipment and procedures to meet the standards of N.J.A.C. 7:1E-2, excluding the requirements of 7:1E-2.2(a)4  and 2.16, if the major facility proves to the satisfaction of the Department that such a time period is needed. The rate of such upgrading shall be proposed by the owner or operator as part of the DPCC and DCR plans submitted pursuant to N.J.A.C. 7:1E-4. New equipment and procedures shall meet the standards of N.J.A.C. 7:1E-2 prior to being placed into service.
(c) A non-major facility which adds storage capacity so as to become a major facility shall be considered a major facility.
(d) The Department may require of any major facility which has been granted a period to upgrade, the installation of alternative prevention and/or detection devices such as alarms, so as to minimize the chances of a discharge, and may, in addition, require the owner or operator of such a major facility to demonstrate an enhanced ability to prevent, expeditiously contain and/or clean up and remove a discharge from the portion of the facility to which a time period to upgrade has been granted. If the Department requires the installation of alternative prevention and/or detection devices, the owner or operator shall propose the devices to be used, subject to the Department's approval.
(e) The Department recognizes that the designs of major facilities differ, and, therefore, appropriate methods of discharge prevention are necessarily site-specific. Wherever in these rules a particular method of discharge prevention is mandated, the owner or operator of a major facility may substitute an alternate method if he or she can demonstrate to the satisfaction of the Department that such alternate method will provide protection against discharges at least equivalent to the method it is intended to replace.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 2 - PREVENTION AND CONTROL OF DISCHARGES AT MAJOR FACILITIES › Section 7:1E-2.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter prescribes the rules of the Department applicable to the owners or operators of major facilities storing, transferring, processing or using hazardous substances. The following shall govern the standards for equipment and procedures utilized at major facilities.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 2 - PREVENTION AND CONTROL OF DISCHARGES AT MAJOR FACILITIES › Section 7:1E-2.2 - Storage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Aboveground storage tanks shall meet the following standards:
1. Aboveground storage tank installations shall be provided with secondary containment or a diversion system, designed and built pursuant to 7:1E-2.6.
2. The base underlying the storage tank shall be made of or surfaced with a material impermeable to passage or chemical attack by the stored substance under the conditions of storage prevailing within the tank. Existing storage tanks shall be exempt from this requirement until such time as they may require substantial reconstruction or replacement, or the bottom is being replaced, unless the Department orders a storage tank removed from service because of the likelihood of a discharge. Before such a tank is returned to service, it must meet this requirement.
3. Pipes leading to and from aboveground storage tanks which enter the tank below the liquid level shall be equipped with valves that can be remotely activated or are readily accessible in the event of a leak or discharge, and which are sufficiently close to the tank that they can prevent the contents of the tank from escaping outside the secondary containment area in the event of a pipe failure outside the containment area. Such pipes shall not penetrate or pass through any walls, dikes or berms used as secondary containment, unless the impermeability or integrity of the secondary containment is not impaired.
4. Aboveground storage tanks shall undergo integrity testing in accordance with 7:1E-2.16.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 2 - PREVENTION AND CONTROL OF DISCHARGES AT MAJOR FACILITIES › Section 7:1E-2.3 - Tank car or tank truck loading or unloading areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All tank car or tank truck loading or unloading areas employed in the loading or unloading of hazardous substances shall be equipped with secondary containment or a diversion system, designed and built pursuant to 7:1E-2.6.
(b) All tank car or tank truck loading and unloading operations shall be conducted in accordance with an SOP prepared and maintained in accordance with 7:1E-2.14.
(c) Prior to the filling of any tank car or tank truck, the lowermost drain and all outlets of such vehicle shall be examined to insure they are closed.
(d) Prior to departure of any tank car or tank truck, the lowermost drain and all outlets of such vehicles shall be closely examined for leakage, and, if necessary, tightened, adjusted, repaired or replaced so as to prevent liquid leakage in transit. All manifolds on tank cars or tank trucks shall be flanged or capped, and valves secured, prior to leaving loading or unloading areas.
(e) A system to prevent tank car or tank truck departure before complete disconnect of loading or unloading lines shall be utilized in loading or unloading areas.
(f) Tank cars in the process of being loaded or unloaded shall be attended at reasonable intervals during the procedure, and shall be attended during topping off.
(g) Tank trucks in the process of being loaded or unloaded shall be attended at all times during the procedure.
(h) A tank car or tank truck is attended when an employee of the facility or of an entity designated by the facility is within 100 feet of the tank car or tank truck and has an unobstructed view of the tank car or tank truck.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 2 - PREVENTION AND CONTROL OF DISCHARGES AT MAJOR FACILITIES › Section 7:1E-2.4 - In-facility pipes for hazardous substances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each in-facility pipe at a major facility containing a hazardous substance shall be sufficiently marked by lettering, color banding or color coding to enable facility personnel to identify any substance being leaked or discharged from an in-facility pipe.
(b) New buried piping installations shall have a product-sensitive leak detection device, where such devices are state-of-the-art, and shall be either double walled or have secondary containment or diversion systems designed and built pursuant to 7:1E-2.6.
(c) Existing buried pipes shall be either:
1. Equipped with product-sensitive leak detection devices, where such devices are state-of-the-art technology; or
2. Where state-of-the-art technology does not exist, inspected, repaired and maintained in accordance with API 570, incorporated herein by reference, or some other industry standard acceptable to the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 2 - PREVENTION AND CONTROL OF DISCHARGES AT MAJOR FACILITIES › Section 7:1E-2.5 - Process areas for hazardous substances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Process areas shall be provided with a means of secondary containment or diversion designed and built pursuant to 7:1E-2.6.
(b) Process wastewater and cooling water pipes, plant drains and similar installations which drain into sewers, storm drains, public wastewater treatment plants, watercourses or other routes which drain to the waters of the State shall be engineered so that leaks of hazardous substances will not escape through them to waters of the State.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 2 - PREVENTION AND CONTROL OF DISCHARGES AT MAJOR FACILITIES › Section 7:1E-2.6 - Facility drainage and secondary containment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All portions or areas of a major facility in which hazardous substances are routinely refined, produced, stored, held, handled, processed, or transferred shall be designed so that any leak will be prevented from becoming a discharge.
(b) Secondary containment or diversion structures to prevent leaked hazardous substances from becoming discharges include:
1. Dikes, berms or retaining walls;
2. Curbing;
3. Gutters, culverts and drainage systems;
4. Diversion ponds, lagoons, retention basins, holding tanks, sumps, slop tanks and other collecting systems;
5. Drip pans; or
6. Other equivalent means approved by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 2 - PREVENTION AND CONTROL OF DISCHARGES AT MAJOR FACILITIES › Section 7:1E-2.8 - Illumination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Major facilities which transfer hazardous substances to or from vessels between the hours of sunset and sunrise shall perform all such transfers using fixed lighting that shall adequately illuminate:
1. Each transfer connection point in use at the facility;
2. Each transfer connection point in use on the vessel;
3. Each hazardous substances transfer work area at the facility; and
4. Each hazardous substances transfer work area on the vessel.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 2 - PREVENTION AND CONTROL OF DISCHARGES AT MAJOR FACILITIES › Section 7:1E-2.9 - Flood hazard areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Hazardous substances stored within the tidal floodplain as delineated by the Federal Emergency Management Agency or the floodway of any watercourse as delineated by the Department in 7:13-7.1 shall be adequately protected so as to prevent such hazardous substances from being carried off by or being discharged into flood waters.
(b) Hazardous substances stored within an area known by the owner or operator of the major facility to be subject to a high probability of flooding or washout shall be adequately protected so as to prevent such hazardous substances from being carried off by flood waters or being discharged.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 2 - PREVENTION AND CONTROL OF DISCHARGES AT MAJOR FACILITIES › Section 7:1E-2.10 - Visual inspections and monitoring

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All equipment and portions of the major facility in service using hazardous substances, as well as all cleanup and removal equipment and supplies, shall be visually inspected in accordance with standard operating procedures pursuant to 7:1E-2.14. Visual inspections shall be performed at a minimum according to the following schedule:
1. Prior to each marine transfer for adequacy, deterioration, leaks or discharges, all transfer area lighting and all aboveground transfer valves, pumps, flanges, flexible hoselines and connections, unless they are not readily accessible, that are to be used in the transfer;
2. Once daily for integrity and leaks, all secondary containment systems and diversion systems for aboveground storage tanks which are not impermeable;
3. Once daily or prior to each use, whichever is less frequent, for integrity, deterioration and leaks, loading or unloading areas, including flexible hoselines;
4. Once weekly for integrity and leaks, process areas;
5. Once monthly for integrity and leaks, all other storage areas and secondary containment or diversion systems, and all aboveground pipes; and
6. Once quarterly:
i. For integrity and leaks, all other aboveground valves, pumps, flanges, connections and equipment;
ii. For integrity, all security fences and locks; and
iii. For adequacy and location, all cleanup and removal equipment and supplies.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 2 - PREVENTION AND CONTROL OF DISCHARGES AT MAJOR FACILITIES › Section 7:1E-2.11 - Housekeeping and maintenance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Hazardous substances shall be kept in containers suitable for their storage or processing at all times except when being transferred between containers. Containers shall be compatible with the substances stored therein and resistant to chemical attack by the substances. Hazardous substances shall be kept protected from the elements and the possibility of leakage.
(b) Tanks, pipes, valves, glands, drums or other equipment leaking hazardous substances shall be promptly repaired, replaced or taken out of use following detection of a leak, unless provision is made to capture and contain leaking hazardous substances in a drip pan or other appropriate containment device. If such provision is made, the leaking item shall be repaired, replaced or taken out of use within 15 days after the leak is detected unless the shutdown of a process unit is necessary. A leak shall be repaired at the earliest period in which either the process is not in operation or the particular unit is out of service, whichever occurs first.
(c) Cleanup of all leaks or discharges of hazardous substances shall begin promptly upon detection. Loose quantities of hazardous substances shall not be allowed to persist on grounds, floors, walls or equipment, or any other places within the facility.
(d) The facility shall keep on hand, in convenient locations, adequate quantities of sorbent materials, chemical neutralizing agents or other materials as needed, sufficient to contain and clean up those leaks or discharges that facility personnel will respond to, as described in the DCR plan in accordance with 7:1E-4.3(b)7.
(e) The facility shall maintain an adequate supply of protective safety equipment, such as chemically resistant coveralls, boots, or respiratory protection, in convenient locations for use by any personnel who are required to clean up leaked or discharged hazardous substances. Where protective safety equipment is required by any regulation of the Federal Occupational Safety and Health Administration, compliance with such regulation shall be deemed to fulfill this requirement.
(f) Secondary containment or diversion systems shall be maintained in good repair, free of accumulated debris, and free of cracks through which hazardous substances could be discharged.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 2 - PREVENTION AND CONTROL OF DISCHARGES AT MAJOR FACILITIES › Section 7:1E-2.12 - Employee training

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Owners or operators of major facilities shall implement an appropriate program for training their employees involved in the handling of hazardous substances and shall maintain a written description of the program.
(b) The training program shall include, at the minimum, the following:
1. A written job description which includes the duties and responsibilities relating to hazardous substances for each position, and training necessary to qualify for the position;
2. Specified minimum time periods of in-house training for each position covering orientation, specific hazardous substances training and on-the-job training, and periodic refresher training; and
3. Procedures to determine whether an employee has demonstrated the ability to carry out the duties and responsibilities of a specific position.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 2 - PREVENTION AND CONTROL OF DISCHARGES AT MAJOR FACILITIES › Section 7:1E-2.13 - Security

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Major facilities shall be adequately illuminated so that personnel on the premises can detect intruders, leaks or discharges.
(b) Major facilities shall have security sufficient to prevent unauthorized persons from gaining access to hazardous substances. This security may consist, for example, of:
1. Fencing adequate to prevent unauthorized entry of all portions or areas within which hazardous substances are stored, processed, transferred or used, with entrance gates locked and/or guarded when the facility is unattended, and either locked, guarded or under observation by personnel at all other times; or
2. For aboveground storage tanks, all of the following:
i. Valves which will permit escape of a tank's or other container's contents to the surface securely locked in the closed position when not in use;
ii. Starter controls on all pumps locked in the "off" position when the pumps are not in use unless the controls are located at a site accessible only to authorized personnel, which site is itself attended or locked; and
iii. The open ends of all pipes securely capped or blank-flanged when not in use for an extended time.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 2 - PREVENTION AND CONTROL OF DISCHARGES AT MAJOR FACILITIES › Section 7:1E-2.14 - Standard operating procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator shall have written standard operating procedures for all operations involving hazardous substances. They shall be in English in a manner understandable by employees of the major facility and shall also be written in the language of fluency of employees utilizing those SOPs not fluent in English.
(b) A copy of the standard operating procedures shall be readily available to employees.
(c) A copy of material safety data sheets or fact sheets for each hazardous substance used or stored at the facility shall be readily available to employees.
(d) The standard operating procedures shall include, at a minimum, the following:
1. A description of the operation, including all applicable requirements from this subchapter;
2. Procedures for visual inspection of equipment;
3. Procedures and conditions for normal operation;
4. A description of leak monitoring equipment and alarms; and
5. A description of leak or discharge conditions which could occur from the operation, including the control and mitigation procedures to be followed to reduce the impact of the leak or discharge conditions.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 2 - PREVENTION AND CONTROL OF DISCHARGES AT MAJOR FACILITIES › Section 7:1E-2.15 - Recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator of a major facility shall maintain records of employee training, drills for discharge prevention, inspections of cleanup and removal equipment, and facility inventories for a period of three years.
(b) The owner or operator of a major facility shall maintain the following records for 10 years:
1. Documentation of discharges pursuant to 7:1E-5.3(e); and
2. Confirmation reports on discharges pursuant to 7:1E-5.8(c).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 2 - PREVENTION AND CONTROL OF DISCHARGES AT MAJOR FACILITIES › Section 7:1E-2.16 - Integrity testing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Aboveground storage tanks installed and in use as of July 22, 1990, with a capacity greater than 2,000 gallons, and all appurtenant piping to the first valve must have undergone integrity testing or static head testing by August 1, 1993.
(b) Aboveground storage tanks with a storage capacity greater than 2,000 gallons installed or placed into service on or after July 22, 1990 and all appurtenant piping to the first valve shall be subject to integrity testing prior to being placed into service, in accordance with the following:
1. New field-erected storage tanks shall be tested in accordance with the standard used for their construction.
2. Existing storage tanks being returned to service shall be tested in accordance with the applicable protocol in (d) through (i) below.
3. Shop-built storage tanks shall be tested after installation on site to ensure the integrity of the tank and all connections to it, using a test such as a static head test.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 3 - TRANSMISSION PIPELINES › Section 7:1E-3.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter prescribes the rules of the Department for information to be submitted concerning transmission pipelines. The following rules shall govern the preparation and submission of registrations.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 3 - TRANSMISSION PIPELINES › Section 7:1E-3.2 - Registration of transmission pipelines

Current through Register Vol. 56, No. 14, July 15, 2024
(a) By February 1, 1992, and by each February 1 at five year intervals thereafter, the owner or operator of a transmission pipeline shall submit the following information to the Department, on forms provided by the Department:
1. The business name(s), address and telephone number of the owner or operator of the facility;
2. The name or designation of the transmission pipeline, and the name, title and telephone number of a contact person for the transmission pipeline;
3. The name and business address of the owner or operator's registered agent;
4. The storage capacity and location, including street address and municipality, of any facility;
5. A description of the hazardous substances, including maximum quantities of each substance stored at any one time, which are stored, held, handled, transferred or transported by the facility;
6. The name and address, including street address and municipality, of all facilities served by the transmission pipeline;
7. The transfer capacity and the average daily throughput, on an annual basis, of the transmission pipeline for each hazardous substance;
8. An accurate map or maps, in the format prescribed in 7:1E-4.10(c), showing the location of each of the owner or operator's pipeline facilities, storage areas, transfer areas, or other structures in or on which hazardous substances are stored or handled, and the location at which the pipeline enters or leaves the State.
9. An inventory of all types of pipe used for the transmission of hazardous substances, including a history of major repairs, major maintenance and major leaks from all pipes; and
10. Any certifications required pursuant to 7:1E-4.11(b).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 3 - TRANSMISSION PIPELINES › Section 7:1E-3.3 - Standards

Current through Register Vol. 56, No. 14, July 15, 2024
All transmission pipelines shall conform to 49 CFR 195, "Transportation of Hazardous Liquids by Pipeline," and any future supplements and amendments thereto.