reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 4 - PERMITTING REQUIREMENTS › Section 7:1F-4.4 - Availability of permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner and operator of an underground storage cavern system for which the Department has issued a permit shall make the permit available for inspection by an authorized local, State, or Federal representative.
(b) The owner and operator of an underground storage cavern system for which the Department has issued a permit shall maintain one set of approved plans at the facility site during the course of the permitted activity and shall make the approved plans available for inspection by any authorized local, State, or Federal representative.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 4 - PERMITTING REQUIREMENTS › Section 7:1F-4.5 - Permit expiration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless renewed pursuant to N.J.A.C. 7:1F-4.6, any permit to operate the system issued pursuant to this chapter shall expire after five years from the date of issuance.
(b) Any permit or approval issued pursuant to this chapter shall expire if the approved activity authorized by the permit is not commenced within 12 months after the effective date of the permit or approval.
1. In the event the approved activity has not been initiated within 12 months of issuance, the owner and operator may request an extension. The request for an extension shall be provided, in writing, to the address at N.J.A.C. 7:1F-1.10 and include the following:
i. The name of the facility and permit identification number;
ii. The owner's and operator's contact information; and
iii. The duration of extension being requested along with any reasons or justification for the request.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 4 - PERMITTING REQUIREMENTS › Section 7:1F-4.6 - Permit renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A permit to operate issued pursuant to this chapter for an underground storage cavern system shall expire five years from its issuance.
(b) No less than 120 days prior to expiration date of the permit, the owner and operator of a system shall submit to the Department a permit renewal application, the materials required pursuant to N.J.A.C. 7:1F-2.4(f), 3.2, and 3.4 and indicate to the Department any updates to the information since a prior issuance. The Department shall review the materials in accordance with N.J.A.C. 7:1F-4.2(h) through (j).
(c) A current permit for which a complete renewal application is submitted to the Department at least 120 days prior to the expiration date shall remain in effect until the Department grants or denies the renewal application.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 4 - PERMITTING REQUIREMENTS › Section 7:1F-4.7 - Grounds for denial, suspension, or revocation of a permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may deny the issuance of a permit under this subchapter, if:
1. The permit application is incomplete, including submission of all applicable fees and financial assurance, or contains false, inaccurate, or insufficient information, or is illegible; or
2. The owner or operator of an underground storage cavern system fails to comply with any requirement of the Act or this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 4 - PERMITTING REQUIREMENTS › Section 7:1F-4.8 - Permit transfer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event of the transfer of the underground storage cavern system to a new owner or operator, a change in ownership, or a change in name of an owner or operator, the new owner and/or new operator shall, before beginning or assuming control of operations of the system, submit written correspondence acknowledging and agreeing to operate the system, in accordance with this chapter, the current permit for the system, as well as the plans submitted pursuant to N.J.A.C. 7:1F-4.2(h).
(b) A new owner and operator shall notify the Department of the transfer in ownership and adopt an existing permit by submitting the permit application form, as provided for at N.J.A.C. 7:1F-4.2(a)  identifying the new owner and operator information.
(c) In the event other changes or updates are required to the system's records or financial responsibility assurance mechanism, the new owner and operator shall identify and include that information in the correspondence to the Department at the address provided at N.J.A.C. 7:1F-1.10.
(d) The Department will review the information submitted pursuant to this section and provide a written correspondence acknowledging the change to the new owner and operator.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 5 - MODIFICATIONS › Section 7:1F-5.1 - Minor modifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner and operator of an underground storage cavern system shall obtain approval from the Department prior to performing a minor modification.
(b) An owner and operator shall submit an application in accordance with N.J.A.C. 7:1F-4.2(a)  for a minor modification, which shall include all information required pursuant to this chapter that is related to the proposed minor modification.
(c) Prior to approving a minor modification, the Department shall make an administrative review of the materials required pursuant to (b) above, as follows:
1. If the materials submitted are incomplete or do not contain the information required pursuant to (b) above, the Department shall, within 30 days of receipt of the materials, advise the owner and operator, in writing, as to the additional information required and the date by which the additional information must be received by the Department.
2. If the materials are complete, contain all of the information required pursuant to (b) above, and are determined to be administratively complete, the Department, within 30 days of receipt of the materials, shall so advise the owner and operator in writing.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 5 - MODIFICATIONS › Section 7:1F-5.2 - Major modifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to performing a major modification, an owner and operator of an underground storage cavern system shall submit an application in accordance with N.J.A.C. 7:1F-4.2(a)  for major modification, which shall include the following information to the Department:
1. An updated feasibility study completed, in accordance with N.J.A.C. 7:1F-2.1;
2. Updated design specifications, in accordance with N.J.A.C. 7:1F-2.2(a);
3. Documentation demonstrating the competency and independence of the third party conducting an evaluation of the materials at (a)1 and 2 above, in accordance with N.J.A.C. 7:1F-2.5;
4. Updated documents required, pursuant to N.J.A.C. 7:1F-3.1(a), (b), and (c);
5. An updated operation and maintenance plan, in accordance with N.J.A.C. 7:1F-3.2; and
6. An updated emergency response plan, in accordance with N.J.A.C. 7:1F-3.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 5 - MODIFICATIONS › Section 7:1F-5.3 - Dormancy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner and operator of an underground storage cavern system may place the cavern into dormant status upon approval of a dormancy plan by the Department. The plan must:
1. Provide ventilation and/or other cleaning procedures after a regulated substance is withdrawn. If necessary, the system must be rendered inert to ensure the prevention of explosion or other hazardous conditions.
2. Provide procedures that ensure mechanical integrity is maintained.
3. Provide monitoring procedures to be followed for the duration of the dormant status, including ground water monitoring, air monitoring, and monitoring of temperature and pressure in the cavern.
4. Establish the duration of the dormancy. The owner and operator shall notify the Department, in writing, of any change in duration.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 6 - DECOMMISSIONING › Section 7:1F-6.1 - Decommissioning requirements for an underground storage cavern system

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As a condition of any permit issued pursuant to N.J.A.C. 7:1F-4 and prior to beginning operation, the owner and operator of an underground storage cavern system shall submit a comprehensive plan for decommissioning the system for approval by the Department.
1. A decommissioning plan shall establish a schedule for the monitoring of ground water and soil vapor to be conducted annually for five years, at a minimum, following the date of decommissioning; or as otherwise established in the Department approved decommissioning plan.
2. The decommissioning plan shall include financial responsibility as required at N.J.A.C. 7:1F-6.2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 6 - DECOMMISSIONING › Section 7:1F-6.2 - Financial responsibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As part of a decommissioning plan submitted pursuant to N.J.A.C. 7:1F-6.1, the owner or operator of an underground storage cavern system shall demonstrate and maintain a financial responsibility assurance mechanism for decommissioning activities in the amount of at least $ 1 million per permit. The amount determined necessary is based on the scope of the decommissioning plan. If the owner or operator demonstrates that an amount less than $ 1 million is sufficient to protect the environment and public health, safety, and welfare, the Department may accept evidence of financial responsibility in such lesser amount. Decommissioning activities includes any activity conducted, in accordance with the decommissioning plan and/or pursuant to N.J.A.C. 7:1F-6.1.
(b) In determining the sufficiency of the amount of financial responsibility, the Department will consider factors including, without limitation, the nature and quantity of regulated substance that is present at the system; estimated costs, with inflation considerations, to evacuate substances and residuals, confirm cavern integrity, seal wells, address ground water intrusion, long-term maintenance considerations; and other similar factors.
(c) The demonstration of sufficient financial responsibility does not limit the liability of the owner and operator.
(d) Financial responsibility may be demonstrated by any one, or by any combination, of the following:
1. Financial test of self-insurance;
2. Guarantee;
3. Insurance or risk retention group coverage;
4. Surety bond; or
5. Letter of credit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 7 - VIOLATIONS, REMEDIES, AND ADJUDICATORY HEARING PROCEDURES › Section 7:1F-7.1 - Violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon a finding that the owner or operator of an underground storage cavern system has failed to comply with any requirement of the Act or this chapter, the Department may:
1. Deny, suspend, or revoke the issuance of any approval or permit;
2. Order compliance with any violation of the Act, regulatory provision, or permit condition;
3. Commence a civil action in the Superior Court for a restraining order and an injunction against any violation of the Act, regulatory provision, or condition of a Department approval or permit; and/or
4. Pursue any other remedy available by law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 7 - VIOLATIONS, REMEDIES, AND ADJUDICATORY HEARING PROCEDURES › Section 7:1F-7.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter establishes procedures governing the Department's issuance of civil administrative orders and commencement of a civil action for violation(s) of any provisions of the Act, this chapter, or any order, permit, or operating authority issued pursuant thereto. This subchapter shall also govern the procedures for requesting an adjudicatory hearing on an administrative order, or a Department decision on an application for an approval or permit, as provided at N.J.A.C. 7:1F-7.4.
(b) Nothing in this subchapter is intended to affect the Department's authority to revoke or suspend any permit, or other operating authority issued under the Act. Specifically, the Department may revoke or suspend a permit, or other operating authority, without regard to whether an administrative order has been or will be issued pursuant to this subchapter or any other Department statute.
(c) Each violation of any provision of the Act or this chapter, or violation of any administrative order, permit, or other operating authority promulgated or issued pursuant thereto shall constitute a separate and distinct offense.
(d) Each day during which a violation continues shall constitute an additional, separate, and distinct offense.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 7 - VIOLATIONS, REMEDIES, AND ADJUDICATORY HEARING PROCEDURES › Section 7:1F-7.3 - Procedures for issuance of administrative orders

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever, on the basis of available information, the Department finds a person in violation of any provision of the Act, or any rule promulgated, or any administrative order, permit, or other operating authority issued pursuant to the Act, the Department may issue an administrative order:
1. Specifying each provision of the applicable Act, rule, plan, order, or permit that has been, or is being, violated;
2. Citing the action that constituted the violation;
3. Requiring compliance with the provision, or provisions, violated; and
4. Providing notice of the right to a hearing on the matters contained in the order.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 7 - VIOLATIONS, REMEDIES, AND ADJUDICATORY HEARING PROCEDURES › Section 7:1F-7.4 - Adjudicatory hearing requests and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person may request a hearing to contest an administrative order issued pursuant to N.J.A.C. 7:1F-7.3, a certified notice denying a confidentiality claim pursuant to N.J.A.C. 7:1F-8, or a decision made by the Department to:
1. Deny an application, or any part thereof, for an approval or permit, for a modification thereof, or for a renewal thereof;
2. Impose any condition on its approval or permit which the applicant or permittee finds objectionable; or
3. Revoke or suspend a previously issued approval or permit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 7 - VIOLATIONS, REMEDIES, AND ADJUDICATORY HEARING PROCEDURES › Section 7:1F-7.5 - Civil action

Current through Register Vol. 56, No. 14, July 15, 2024
Whenever, on the basis of available information, the Department finds a person in violation of the Act, or any rule promulgated, or any administrative order, permit, or other operating authority issued pursuant to the Act and this chapter, the Department may institute a civil action in Superior Court for appropriate relief.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 8 - CONFIDENTIALITY › Section 7:1F-8.1 - Scope and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter constitutes the rules for the assertion, substantiation, review, and appeal of confidentiality claims and establishes the principles, guidelines, and procedures governing the internal management and disclosure of confidential information provided to the Department pursuant to this chapter.
(b) An owner and operator who asserts a confidentiality claim shall follow the procedures set forth in this subchapter.
(c) The Department, its employees, and its agents shall strictly adhere to the procedures established by this subchapter for maintaining the confidentiality and security of confidential information and for the disclosure of confidential information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 8 - CONFIDENTIALITY › Section 7:1F-8.2 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All information collected, or originated, by the Department in connection with the Act or this chapter shall be made available to the public, in accordance with N.J.S.A. 47:1A-1 et seq., except as otherwise provided in this subchapter.
(b) The Department shall protect from disclosure to the public any security information and any confidential information obtained pursuant to the Act or this chapter.
(c) Confidential information supplied to the Department will be disclosed only to the employees or agents of the Department and only on a need-to-know basis for the purposes of carrying out or enforcing the provisions of the Act or this chapter, or for use in civil or criminal proceedings, if so ordered by a court.
(d) An owner and operator may file a claim with the Department to withhold from public disclosure confidential information required to be submitted to the Department at any time such information is required to be submitted to the Department. All such claims and any required substantiation shall be submitted, in writing, on forms provided by the Department, in accordance with N.J.A.C. 7:1F-8.4. If the space provided for responses on Department forms is not sufficient, additional pages, properly referenced, may be attached to the required forms to provide complete responses. All forms can be obtained from the address provided at N.J.A.C. 7:1F-1.10(a). The owner and operator shall initially submit, or disclose, only the confidential copy of documents containing confidential information to the Department. The public copy that shall have deleted all confidential information and be available for public disclosure shall be submitted to the Department only upon the Department's receipt of a request for the public disclosure of the information or if the Department otherwise decides to determine whether the information is entitled to confidential treatment. The confidential copy shall be for the Department's records and shall include all necessary information.
(e) Any confidential information supplied to the Department shall be sent by certified mail, return receipt requested, by personal delivery, or by other means that provides verification of delivery, the date of delivery, and the name of the person who receives the document in the Department.
(f) No employees or agents of the Department are authorized to sign a confidentiality agreement or other non-disclosure agreement, and any such agreement so executed will be of no force or effect as to the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 8 - CONFIDENTIALITY › Section 7:1F-8.3 - Exclusions from confidential information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Information required to be submitted or disclosed to the Department pursuant to the Act or this chapter that meets the following criteria shall not be considered as confidential information, regardless of any claim or petition, either pending or approved:
1. The name of the owner and operator, address, and the name and location of the underground storage cavern facility(ies);
2. The chemical or common name, Chemical Abstract Services number, United States Department of Transportation identification number, regulated substance name, or other identifying name for the substance;
3. Information required to be publicly disclosed pursuant to any other Federal or State law or regulation;
4. Information required to be publicly disclosed pursuant to a court order or ruling;
5. Information that is patented;
6. Information that is published or available through any public source;
7. Information that is known to persons outside the owner and operator's business, who are not bound by a confidentiality agreement or other duty to keep the information confidential;
8. Information that is determined not to be confidential information pursuant to this chapter;
9. Information required to be included in the facility emergency response plan pursuant to N.J.A.C. 7:1F-3.4; and
10. Information submitted or disclosed to the Department by an owner and operator that is not marked, or that does not display in bold type or stamp the word, "CONFIDENTIAL" on the top of each page.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 8 - CONFIDENTIALITY › Section 7:1F-8.5 - Determination of confidentiality claims

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Information for which a confidentiality claim has been asserted will be treated by the Department as entitled to confidential treatment, unless the Department determines that the information is not entitled to confidential treatment as provided in this section.
(b) The Department shall act upon a confidentiality claim and determine whether information is, or is not, entitled to confidential treatment, whenever the Department:
1. Receives a request pursuant to N.J.S.A. 47:1A-1 et seq., to inspect or copy such information;
2. Decides to determine whether information in its possession is entitled to confidential treatment; or
3. Desires for any reason in the public interest to disclose the information to persons not authorized by this subchapter to have access to confidential information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 8 - CONFIDENTIALITY › Section 7:1F-8.7 - Disclosure of confidential information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may disclose confidential information to a person other than a Department employee, agent, or administrative law judge only as provided in this section.
(b) The Department may disclose confidential information to any other governmental agency, if:
1. The Department receives a written request for disclosure of the information from a duly authorized officer or employee of the other agency;
2. The request sets forth the official purpose for which the information is needed;
3. The Department notifies the other agency of the Department's determination that the information is entitled to confidential treatment, or of any unresolved confidentiality claim covering the information;
4. The other governmental agency has first furnished to the Department a written formal legal opinion from the agency's chief legal officer or counsel stating that, under applicable law, the agency has the authority to compel the person who submitted the information to the Department to disclose such information to the other agency;
5. The other agency agrees not to disclose the information further, unless;
i. The other agency has statutory authority both to compel production of the information and to make the proposed disclosure; or
ii. The other agency has obtained the consent of the affected owner and operator of the proposed disclosure; and
6. The other agency has adopted rules or operates under statutory authority that will allow it to preserve confidential information from unauthorized disclosure.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 8 - CONFIDENTIALITY › Section 7:1F-8.8 - Wrongful access or disclosure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person shall not disclose, seek access to, obtain, or have possession of any confidential information obtained pursuant to the Act or this chapter, except as authorized by this subchapter.
(b) Every Department employee or agent who has custody or possession of confidential information shall take appropriate measures to safeguard such information and to protect against its improper disclosure.
(c) A Department employee or agent shall not disclose, or use for his or her private gain or advantage, any information that came into his or her possession, or to which he or she gained access, by virtue of his or her official position of employment or contractual relationship with the Department.
(d) If the Department finds that any person has violated the provisions of this subchapter, it may:
1. Commence a civil action in Superior Court for a restraining order and an injunction barring that person from further disclosing confidential information; and
2. Pursue any other remedy available by law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 8 - CONFIDENTIALITY › Section 7:1F-8.9 - Use of confidential information in rulemaking

Current through Register Vol. 56, No. 14, July 15, 2024
Notwithstanding any other provisions of this subchapter, the Department may use confidential information in the development of program rules and in the preparation of enforcement documents and during enforcement proceedings.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1G - WORKER AND COMMUNITY RIGHT TO KNOW REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 7:1G-1.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
Unless otherwise provided by rule or statute, this chapter shall constitute the rules of the Department implementing the Worker and Community Right to Know Act, P.L. 1983 c.315, 34:5A-1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1G - WORKER AND COMMUNITY RIGHT TO KNOW REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 7:1G-1.3 - Burden of proof for exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person claiming that they qualify for any exemption under this chapter or that they are not otherwise subject to the rules of this chapter shall demonstrate and appropriately document entitlement to such exemption.
(b) Employers claiming that a certain chemical, hazardous substance, or mixture is not an EHS, as designated or delineated in N.J.A.C. 7:1G-2, shall, at a minimum, submit in support of such claim, a Material Safety Data Sheet (MSDS) for the substance or mixture in question.
(c) Employers shall, upon request, make available information to the Department to verify any statement made on the Community Right to Know Survey, Release and Pollution Prevention Report or in a request for an exemption. This information may include, but is not limited to: purchase records, sales records, production records, inventory records, or other business records or documents utilized by the employer or person. The employer shall make this information available to the Department within 30 days of notification.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1G - WORKER AND COMMUNITY RIGHT TO KNOW REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 7:1G-1.4 - Certification

Current through Register Vol. 56, No. 14, July 15, 2024
An employer shall submit a Community Right to Know Survey and/or Release and Pollution Prevention Report, or a Research and Development laboratory exemption to the Department which shall include an original certification signed by the employer or a duly authorized representative, which states the following:
"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete."
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1G - WORKER AND COMMUNITY RIGHT TO KNOW REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 7:1G-1.5 - Department right of entrance and inspection

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to 13:1D-9 and 34:5A-29b, the Department shall have the authority to enter any business premises or building during normal hours or other reasonable time to determine compliance with the rules and regulations of the Department hereunder. Failure to permit such inspection after presentation of official credentials is an offense punishable under 2C:29-1.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1G - WORKER AND COMMUNITY RIGHT TO KNOW REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 7:1G-1.6 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any provision of these rules or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of these rules and to this end, the provisions of these rules are declared to be severable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1G - WORKER AND COMMUNITY RIGHT TO KNOW REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 7:1G-1.7 - Revisions to North American Industry Classification System Codes for purposes of definition of "employer"

Current through Register Vol. 56, No. 14, July 15, 2024
In the event that the Executive Office of the President, Office of Management and Budget, publishes new or revised North American Industry Classification System (NAICS) codes modifying the 2002 list of NAICS codes on which the definition of "employer" at 7:1G-1.2 is based, the Department shall modify the NAICS codes in the definition as necessary to ensure that, as required by 13:1D-139, the generally equivalent universe of employers continues to be regulated under this chapter. Specifically, the Department shall provide limitations and/or exceptions to the NAICS codes as required to maintain the regulated universe as of August 15, 2003. The Department shall publish in the New Jersey Register a notice of the new or revised NAICS code(s) and the corresponding administrative change(s) to the definition.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1G - WORKER AND COMMUNITY RIGHT TO KNOW REGULATIONS › Subchapter 2 - ENVIRONMENTAL HAZARDOUS SUBSTANCE LIST › Section 7:1G-2.1 - Designation of environmental hazardous substances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The list of EHSs shall be comprised of the substances listed below:
1. Toxic Chemicals on the list at 40 CFR 372.65 established by the United States Environmental Protection Agency for reporting pursuant to SARA Title III section 313, incorporated herein by reference, as from time to time supplemented or amended;
2. Extremely Hazardous Substances on the list at 40 CFR 355 Appendix A designated under SARA Title III section 302, established by the United States Environmental Protection Agency for reporting, incorporated herein by reference, as from time to time supplemented or amended;
3. Chemicals designated as selected substances at Appendix A of this chapter, incorporated herein by reference, for Industrial Survey Project reporting.
4. Unusually Hazardous Substances defined at 7:1G-1.2 and listed below by the Department pursuant to 52:27D-223:
Chemical
CAS Number
Saran
8013-77-2
PVC (Chloroethylene, polymer)
9002-86-2
Lopac
9003-54-7
5. Any hazardous substance added to the list of chemicals subject to pollution prevention planning pursuant to 7:1K-3.6; and
6. Regulated Substances on the list at 40 CFR 68.130 established by the United States Environmental Protection Agency for accidental release prevention under Section 112(r) of the Federal Clean Air Act Amendments, incorporated herein by reference, as from time to time supplemented or amended.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1G - WORKER AND COMMUNITY RIGHT TO KNOW REGULATIONS › Subchapter 3 - COMMUNITY RIGHT TO KNOW SURVEY › Section 7:1G-3.1 - Completion of Community Right to Know Portion of the Environmental Survey

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employer shall complete and submit to the Department a Community Right to Know Survey for each facility covered by the rules indicating if EHSs were present during the reporting period and whether the EHSs met or exceeded the threshold quantities for reporting listed in (b) below.
(b) A threshold of 500 pounds or the Federal SARA 302 threshold planning quantity, whichever is lower, shall apply to all EHSs present in aggregate at the facility at any one time.
These thresholds for reporting do not apply to container labeling pursuant to N.J.A.C. 8:59.
(c) For each EHS that met or exceeded the thresholds listed in (b) above, an employer shall provide all information on a Community Right to Know Survey form approved by the Department, which shall include, but is not limited to, the following:
1. The chemical name, Chemical Abstracts Service registry number, if available, and the EHS number and USDOT number, if available, of each EHS which is present at the facility in a pure state or mixture;
2. For reporting, EHSs shall be grouped according to container type and location within the facility;
3. For EHSs present in the pure state, the quantity of each, in pounds, in terms of daily maximum and average daily amount, and the hazard code for the EHS;
4. EHSs in mixtures shall be reported as follows:
i. Each EHS comprising more than one percent of a mixture (or .1 percent if the EHS is carcinogenic as defined at 29 CFR 1910.1200(d)4 of the Occupational Safety and Health Standard) shall be reported with its quantity determined by multiplying the weight percent of the EHS by the mass, in pounds, of the entire mixture.
ii. EHSs in mixtures in the following generic categories may be reported using the generic name and the quantity of the entire mixture: gasoline, new and used petroleum oil, and hazardous waste;
5. The major methods of storage, including container type, temperature, pressure conditions, and locations shall be reported including the number of days the EHS was present onsite during the calendar year at the facility; and
6. If no EHS is present in a mixture, and the mixture is subject only to reporting pursuant to the Federal requirements of Section 312 of SARA ( 40 CFR 370 ), a product name may be used to report the substance.
7. Quality control samples of substances that are elsewhere reported on the Community Right to Know Survey may be listed as a single entry: "samples of reported substances."
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1G - WORKER AND COMMUNITY RIGHT TO KNOW REGULATIONS › Subchapter 4 - RELEASE AND POLLUTION PREVENTION REPORT › Section 7:1G-4.1 - Completion of Release and Pollution Prevention Report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employer who is subject to the reporting requirements of SARA Title III Section 313, or other criteria established by the Department in accordance with the Administrative Procedures Act, shall submit to the Department a Release and Pollution Prevention Report by July 1 of the year following the reporting year.
(b) An employer shall complete a Release and Pollution Prevention Report subject to the threshold(s) for reporting established pursuant to the Pollution Prevention Act (N.J.S.A. 13:1D).
(c) An employer shall provide the environmental release, throughput, waste transfer and pollution prevention information required by the Environmental Survey as defined at 7:1G-1.2 and any pollution prevention information required pursuant to the Pollution Prevention Act (13:1D-40(b)  ) on the Release and Pollution Prevention Report component of the Environmental Survey.
1. The difference between input and output quantities in throughput reporting on the Release and Pollution Prevention Report shall not exceed five percent.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1G - WORKER AND COMMUNITY RIGHT TO KNOW REGULATIONS › Subchapter 5 - SUBMITTAL OF THE COMMUNITY RIGHT TO KNOW SURVEY AND RELEASE AND POLLUTION PREVENTION REPORT › Section 7:1G-5.1 - Survey submittal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employer subject to reporting under the Worker and Community Right to Know Act, regardless of whether the employer also meets the Federal requirements for reporting under Section 312 of SARA, shall transmit a Community Right to Know Survey for each covered facility to the Department by March 1 of the year following the reporting year. A copy shall also be transmitted to the local fire and police departments, local emergency planning committee, and the Right to Know County Lead Agency of the county in which the facility is located.
(b) An employer subject only to the reporting requirements of Section 312 of SARA shall transmit an original Community Right to Know Survey for each covered facility to the Department by March 1 of the year following the reporting year. A copy shall also be transmitted to the local fire department and local emergency planning committee.
(c) An employer shall transmit an original completed Release and Pollution Prevention Report to the Department by July 1 of the year following the reporting year. A copy shall also be transmitted to the county lead agency of the county in which the facility is located.
(d) An employer shall retain a copy of the Community Right to Know Survey and/or Release and Pollution Prevention Report at the facility and make it available to facility employees within five working days of the request.
(e) An employer shall make available, upon request, a copy of the Community Right to Know Survey and/or Release and Pollution Prevention Report for the most recent survey year to State inspectors, or their local designees, at the time of inspection.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1G - WORKER AND COMMUNITY RIGHT TO KNOW REGULATIONS › Subchapter 5 - SUBMITTAL OF THE COMMUNITY RIGHT TO KNOW SURVEY AND RELEASE AND POLLUTION PREVENTION REPORT › Section 7:1G-5.2 - Submittal of clarifying information

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may require an employer to submit information clarifying any statement made on the Community Right to Know Survey and/or Release and Pollution Prevention Report, subject to the trade secret provision of 34:5A-15. The Department shall transmit such clarifying information to the county health department, local fire department and police department as it deems necessary. Clarifying information shall be submitted within 30 days of notification, or subsequent date specified by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1G - WORKER AND COMMUNITY RIGHT TO KNOW REGULATIONS › Subchapter 5 - SUBMITTAL OF THE COMMUNITY RIGHT TO KNOW SURVEY AND RELEASE AND POLLUTION PREVENTION REPORT › Section 7:1G-5.3 - Electronic reporting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Beginning with reporting year 2004, any facility required to submit the Release and Pollution Prevention Report (RPPR) pursuant to this chapter shall submit its RPPR electronically using the Department's on-line reporting website located at
http://www.nj/gov/dep/online/
.
(b) If it is a hardship for an employer to submit an RPPR electronically, the employer may request approval from the Department to submit the RPPR in paper form. The Department shall approve such a request provided that:
1. The request is submitted no later than March 1 of the submittal year;
2. The employer explains:
i. The grounds for the hardship that electronic submittal would impose; and
ii. The effort(s) the employer will make to ensure the facility's ability to make electronic submittals in the future; and
3. The employer makes every effort to become able to submit the form electronically in future years.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1G - WORKER AND COMMUNITY RIGHT TO KNOW REGULATIONS › Subchapter 6 - TRADE SECRETS › Section 7:1G-6.1 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter is promulgated pursuant to the Worker and Community Right to Know Act, L. 1983, c.315, 34:5A-1 et seq., in particular, 34:5A-15 and 30, and 13:1D-9.
(b) This subchapter is a jointly adopted rule of the Department of Environmental Protection and the Department of Health (see N.J.A.C. 8:59-3 ).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1G - WORKER AND COMMUNITY RIGHT TO KNOW REGULATIONS › Subchapter 6 - TRADE SECRETS › Section 7:1G-6.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Trade secret claims will be filed or maintained by employers who are subject to the Act to maintain the confidentiality of information requested on the Right to Know Survey or the environmental survey and for the names of substances on container labels. It is the purpose of this subchapter to prescribe:
1. The procedures and guidelines for filing trade secret claims and maintaining trade secret information;
2. The information required by the department for determination of a trade secret claim;
3. The methods for maintaining the confidentiality and security of trade secret information;
4. The criteria for determination of a trade secret claim;
5. The procedure for requesting trade secret information;
6. The procedures for appeal of a determination of a trade secret claim; and
7. The procedures and guidelines for the disclosure of trade secret information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1G - WORKER AND COMMUNITY RIGHT TO KNOW REGULATIONS › Subchapter 6 - TRADE SECRETS › Section 7:1G-6.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
"Department" means, for the purposes of this subchapter, both the New Jersey Department of Health and the New Jersey Department of Environmental Protection, unless otherwise indicated.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1G - WORKER AND COMMUNITY RIGHT TO KNOW REGULATIONS › Subchapter 6 - TRADE SECRETS › Section 7:1G-6.5 - Prohibited claims

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A trade secret claim may not be made to the Department of Environmental Protection for the following information:
1. The name and Chemical Abstracts Service number or United States Department of Transportation identification number of any substance listed on the Special Health Hazard Substance List (N.J.A.C. 8:59-10 ), which meets the criteria established pursuant to N.J.A.C. 8:59-10;
2. Any information required to be publicly disclosed pursuant to any other act;
3. The following information requested on Part I of the environmental survey:
i. Name of the employer;
ii. Location of the facility;
iii. Name and Chemical Abstracts Service number of an environmental hazardous substance where the employer is otherwise required to report emissions of such substance from its facility into the air or water or onto the land; and
iv. Name and United States Department of Transportation Identification Number of a hazardous material also listed in N.J.A.C. 7:1G-2 where the employer is otherwise required to report emissions of such substances into the air or water or onto the land; and
v. The United States Department of Transportation designated Hazard Class of any hazardous material.
4. The following information requested on Part II of the environmental survey:
i. Name of the employer;
ii. Location of the facility;
iii. Name and Chemical Abstracts Service number of an environmental hazardous substance which is emitted from the employer's facility into the air or water or onto land;
iv. The total stack or point-source emissions of the environmental hazardous substance;
v. The total estimated fugitive or nonpoint-source emissions of any environmental hazardous substance;
vi. The total discharge of any environmental hazardous substance into the surface or groundwater, the treatment methods, and the raw wastewater volume and loadings;
vii. The total discharge of any environmental hazardous substance into publicly owned treatment works;
viii. The quantity, and methods of disposal, of any wastes containing any environmental hazardous substance, the method of on-site storage of these wastes, the location or locations of the final disposal site for these wastes, and the identity of the hauler of the wastes; and
ix.
(Reserved)
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1G - WORKER AND COMMUNITY RIGHT TO KNOW REGULATIONS › Subchapter 6 - TRADE SECRETS › Section 7:1G-6.6 - Procedure for filing trade secret claims and maintaining trade secret information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employer who claims that disclosing information on an environmental survey would reveal a trade secret shall file a trade secret claim with the Department of Environmental Protection in accordance with (b) below.
(b) The following procedure shall apply to employers claiming trade secret protection on the environmental survey:
1. An employer shall submit two versions of the survey. The first version shall contain all information requested by the Department, including any information claimed to be a trade secret. The employer shall clearly indicate on this version, by highlighting, underlining or otherwise marking any information claimed to be a trade secret. The top of each page shall display the word "CONFIDENTIAL" in bold type or stamp.
2. An employer shall submit a second version to the Department which will go into the public files. This version shall be identical to the first version except that it shall not contain information which the employer alleges to be a trade secret. In order to provide public notice that information has been omitted from this version under a claim of confidentiality, the second version shall indicate "trade secret claimed" or "TSC" where such omissions have been made.
3. The surveys shall be accompanied by the summary information in (c) below when the claim is initially submitted. If the trade secret claim has been filed previously, an employer shall submit only new pertinent information affecting the pending or approved claim.
4. The Department may request complete trade secret information from an employer in order to make a determination on the trade secret claim or for public health or medical emergencies. The employer shall submit the information to the Department within 30 days of the request unless emergency circumstances apply, in which case the information shall be submitted within a shorter period of time, as specified by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1G - WORKER AND COMMUNITY RIGHT TO KNOW REGULATIONS › Subchapter 6 - TRADE SECRETS › Section 7:1G-6.8 - Decision-making agency on a trade secret claim

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department of Health is authorized to approve or deny a trade secret claim concerning:
1. Information reported on the Right to Know Survey.
2. Labeling a container with the chemical name and Chemical Abstracts Service number of the substance in the container.