reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 56 - LICENSES AND RADIATION SAFETY REQUIREMENTS FOR IRRADIATORS › Section 7:28-56.1 - Incorporation by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as set forth in (b) and (c) below, this subchapter incorporates by reference 10 CFR Part 36, Licenses and Radiation Safety Requirements for Irradiators.
(b) The following provisions of 10 CFR Part 36 are not incorporated by reference. If there is a cross reference to a Federal citation specifically entirely excluded from incorporation, then the cross referenced citation is not incorporated by virtue of the cross reference:
1.
										10 CFR 36.2, Definitions, the following definitions are not incorporated by reference: "commencement of construction, paragraph 2" and "construction, paragraph 9(ii)";
2.
										10 CFR 36.8, Information collection requirements: OMB approval; and
3.
										10 CFR 36.91, Violations.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 57 - LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL LOGGING › Section 7:28-57.1 - Incorporation by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as set forth in (b) and (c) below, this subchapter incorporates by reference 10 CFR Part 39, Licenses and Radiation Safety Requirements for Well Logging.
(b) The following provisions of 10 CFR Part 39 are not incorporated by reference. If there is a cross reference to a Federal citation specifically entirely excluded from incorporation, then the cross referenced citation is not incorporated by virtue of the cross reference:
1.
										10 CFR 39.8, Information collection requirements: OMB approval; and
2.
										10 CFR 39.101, Violations.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 59 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 7:28-59.1 - Incorporation by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as set forth in (b) and (c) below, this subchapter incorporates by reference 10 CFR Part 61, Licensing Requirements for Land Disposal of Radioactive Waste.
(b) The following provisions of 10 CFR Part 61 are not incorporated by reference. If there is a cross reference to a Federal citation specifically entirely excluded from incorporation, then the cross referenced citation is not incorporated by virtue of the cross reference:
1.
										10 CFR 61.4, Communications;
2.
										10 CFR 61.8, Information collection requirements: OMB approval;
3.
										10 CFR 61.16, Other information;
4.
										10 CFR 61.23(i) and (j), Standards for issuance of a license; and
5.
										10 CFR 61.83, Violations.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 62 - RECIPROCITY › Section 7:28-62.1 - Incorporation by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as set forth in (b) and (c) below, this subchapter incorporates by reference 10 CFR Part 150, Exemptions and Continued Regulatory Authority in Agreement States and in offshore waters under Section 274 [ 42 U.S.C. §
										2021 ].
(b) The following provisions of 10 CFR Part 150 are not incorporated by reference. If there is a cross reference to a Federal citation specifically entirely excluded from incorporation, then the cross referenced citation is not incorporated by virtue of the cross reference:
1.
										10 CFR 150.3, Definitions of "Commission," "foreign obligation," "offshore waters," "production facility," "reconciliation," "uranium enrichment facility," and "utilization facility";
2.
										10 CFR 150.4, Communications;
3.
										10 CFR 150.7, Persons in offshore waters not exempt;
4.
										10 CFR 150.8, Information collection requirements: OMB approval;
5.
										10 CFR 150.10, Persons exempt;
6.
										10 CFR 150.14, Commission regulatory authority for physical protection;
7.
										10 CFR 150.15, Persons not exempt;
8.10 CFR Part 150.15a, Continued Commission authority pertaining to byproduct material;
9.10 CFR Part 150.16, Submission to Commission of nuclear material transfer reports;
10.10 CFR Part 150.17, Submission to Commission of source material reports;
11.10 CFR Part 150.17a, Compliance with requirements of US/IAEA safeguards agreement;
12.10 CFR Part 150.19, Submission to Commission of tritium reports;
13.
										10 CFR 150.20(a)(1)(i)(ii) and (iii), pertaining to recognition of Agreement State licenses;
14.10 CFR Part 150.21, Transportation of special nuclear material by aircraft;
15.
										10 CFR 150.30, Violations;
Recodify existing 14.-15. as 16.-17. (No change in text.)
16.
										10 CFR 150.31, Requirements for Agreement State regulation of byproduct material; and
17.
										10 CFR 150.32, Funds for reclamation or maintenance of byproduct material.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 63 - LICENSES FOR INDUSTRIAL RADIOGRAPHY USING SEALED SOURCES AND RADIATION SAFETY REQUIREMENTS FOR SUCH INDUSTRIAL RADIOGRAPHIC OPERATIONS › Section 7:28-63.1 - Incorporation by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as set forth in (b) and (c) below, this subchapter incorporates by reference 10 CFR Part 34, Licenses for Industrial Radiography Using Sealed Sources and Radiation Safety Requirements for Such Industrial Radiographic Operations.
(b) The following provisions of 10 CFR Part 34 are not incorporated by reference. If there is a cross reference to a Federal citation specifically entirely excluded from incorporation, then the cross referenced citation is not incorporated by virtue of the cross reference:
1.
										10 CFR 34.8, Information collection requirements: OMB approval; and
2.
										10 CFR 34.121, Violations.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 64 - RADIOACTIVE MATERIALS LICENSE FEES › Section 7:28-64.1 - Purpose and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter establishes fees for registration and licensing of radioactive materials. Annual license fees for radioactive materials are set forth in Tables 1 and 2 at 7:28-64.2.
(b) Fees will be effective on September 30, 2009.
(c) Fees for NRC licenses that are transferred to New Jersey will be prorated to July 2010, when the Department will again issue invoices for annual fees.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 64 - RADIOACTIVE MATERIALS LICENSE FEES › Section 7:28-64.3 - Application fee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An initial application for a license shall be accompanied by payment in the full amount of the fee specified in Tables 1 and 2 at 7:28-64.2.
(b) The Department may not process the application prior to the receipt of the required fee. The application fee is not refundable except in those cases where the Department determines that a license is not required.
(c) A license covering more than one of the categories in Tables 1 and 2 at 7:28-64.2 shall be accompanied by the prescribed fee for each category applicable to the license.
(d) The application fee for a category of NRC license that is not included in Table 1 at 7:28-64.2 shall be calculated as follows: NJ Fee=0.75 (NRC Annual fee + 0.1 NRC application fee). NRC fees are established in 10 CFR Parts 170 and 171. The Department incorporates by reference the fee provisions of 10 CFR Parts 170 and 171, for purposes of calculating fees pursuant to this subsection.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 64 - RADIOACTIVE MATERIALS LICENSE FEES › Section 7:28-64.4 - Annual fee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The annual fee is not refundable except in those cases where the Department determines that the fee is not required.
(b) Fees are payable 30 days after the date of the invoice.
(c) A license covering more than one of the categories in Tables 1 and 2 at 7:28-64.2 shall be invoiced for the prescribed fee for each category applicable to the license.
(d) The annual fee for a category of NRC license that is not included in Tables 1 and 2 at 7:28-64.2 shall be calculated as follows: NJ Fee=0.75 (NRC Annual fee + 0.1 NRC application fee). NRC fees are established in 10 CFR Part 170 and 171. The Department incorporates by reference the fee provisions of 10 CFR Parts 170 and 171, for purposes of calculating fees pursuant to this subsection.
(e) The Department shall not release a facility for unrestricted use until the applicable annual fee is paid.
(f) A licensee who provides sufficient information for the Department to determine that the facility may be released for unrestricted use shall be refunded half of the annual fee, if the information is provided to the Department during the first half of the fiscal year. The first half of the fiscal year ends on midnight of December 31. No refund shall be given if the information is provided to the Department after December 31.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 64 - RADIOACTIVE MATERIALS LICENSE FEES › Section 7:28-64.5 - Inspections

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall make periodic inspections of licensees.
(b) If the Department finds a violation that could have implications regarding worker or public dose limits at N.J.A.C. 7:28-6 during an inspection, the licensee must pay all Department costs associated with subsequent reinspection of the licensee. The costs shall be the actual costs incurred by the Department and include, but not limited to, labor, transportation, per diem, materials, legal fees, and monitoring costs.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 64 - RADIOACTIVE MATERIALS LICENSE FEES › Section 7:28-64.6 - Reciprocity fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee submitting an application for reciprocal recognition of a materials license issued by another Agreement State or the NRC for a period of 180 days or less during a calendar year must pay one-half of the fee specified under Tables 1 and 2 at 7:28-64.2.
(b) The Department will not process the application for reciprocity prior to the receipt of the required fee.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 64 - RADIOACTIVE MATERIALS LICENSE FEES › Section 7:28-64.7 - Fees for licensees with additional use sites

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department will consider sites that are not contiguous or adjacent as additional use sites for non-profit educational institutions provided that:
1. The sites are operated by the same person;
2. The sites are in the same license category or categories;
3. The applicant for a license provides for one radiation safety officer, and if applicable, one radiation safety committee, as responsible for all sites; and
4. The Department is reasonably satisfied from the information provided in the application that the applicant will adequately control radioactive material at all sites listed in the application.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 64 - RADIOACTIVE MATERIALS LICENSE FEES › Section 7:28-64.8 - Fees for license amendments

Current through Register Vol. 56, No. 14, July 15, 2024
A letter requesting an amendment to a specific license shall be accompanied by payment in full of the fee specified in Table 2 at 7:28-64.2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 64 - RADIOACTIVE MATERIALS LICENSE FEES › Section 7:28-64.9 - Failure to pay prescribed fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department will not process any application unless the licensee pays, on or before the due date, the fee prescribed by this subchapter.
(b) If the Department finds that a licensee has not paid a renewal fee prescribed by this section by the due date, the Department will take the appropriate enforcement action.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 64 - RADIOACTIVE MATERIALS LICENSE FEES › Section 7:28-64.10 - Annual adjustment of fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each year the annual fees in Tables 1 and 2 at N.J.A.C. 7:28-64.2will be adjusted by the previous 12-month inflation factor. The inflation factor is calculated from the Consumer Price Index, all urban consumers, U.S. city average (CPI-U), published monthly by the U.S. Department of Labor, Bureau of Labor Statistics. The CPI-U for purposes of calculating the inflation factor shall be the CPI-U for the 12-month period ending May 31. The resulting fee will be rounded up or down to the nearest increment of $ 5.00.
(b) The inflation factor shall be the past year percent change for the United States city average, all items, all urban consumers.
(c) If the inflation factor for a 12-month period is negative, the fees will remain unchanged from the previous year.
(d) The adjusted fees shall be reflected through a notice of administrative change, published in the New Jersey Register; however, the adjusted fees shall be effective on July 1, whether or not a notice of administrative change has been published.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 65 - PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL › Section 7:28-65.1 - Incorporation by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as set forth in (b) and (c) below, this subchapter incorporates by reference 10 CFR Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material.
(b) The following provisions of 10 CFR Part 37 are not incorporated by reference. If there is a cross-reference to a Federal citation specifically entirely excluded from incorporation, then the cross-referenced citation is not incorporated by virtue of the cross-reference:
1.
										10 CFR 37.11(b).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 29 - NOISE CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:29-1.2 - Industrial, commercial, or community service facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall cause, suffer, allow, or permit sound from any industrial, commercial, or community service facility that, when measured at any residential property line of any affected person, is in excess of any of the following:
1. From 7:00 A.M. to 10:00 P.M.:
i. Continuous airborne sound which has a sound level in excess of 65 dBA; or
ii. Continuous airborne sound which has an octave band sound pressure level in decibels which exceeds the values listed below in one or more octave bands:
Octave Band
Octave Band
Center Frequency
Sound Pressure
(Hz)
Level (dB)
31.5
96
63
82
125
74
250
67
500
63
1000
60
2000
57
4000
55
8000
53
or,
iii. Impulsive sound in air which has a maximum sound level in excess of 80 dBA.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 29 - NOISE CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:29-1.3 - Railroad noise-incorporation by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (b) below, the following provisions of the Code of Federal Regulations, including all future amendments and supplements thereto, are hereby incorporated by reference: 40 CFR 201 Noise Emission Standards for Transportation Equipment; Interstate Rail Carriers, and 49 CFR 210 Railroad Noise Emission Compliance Regulations. This incorporation by reference only pertains to the sound level standards and measurement of railroad noise generated by idling train locomotives and rail car coupling operations.
(b) The following provisions are not incorporated by reference under (a) above: 40 CFR 201.12 Standard for locomotive operation under moving conditions; 40 CFR 201.13 Standard for rail car operations; 40 CFR 201.14 Standard for retarders; 40 CFR 201.16 Standard for locomotive load cell test stands; 40 CFR 201.27 Procedures for (1) Determining applicability of the locomotive load cell test stand standard and switcher locomotive standard by noise measurement on a receiving property; (2) measurement of locomotive load cell test stands more than 120 meters (400 feet) on a receiving property; 40 CFR 201.28 Testing by a railroad to determine probable compliance with the standard; and 49 CFR 210.11 Waivers.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 29 - NOISE CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:29-1.5 - Exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The operational performance standards established at 7:29-1.2 shall not apply to any of the following noise sources:
1. Agricultural activities;
2. Bells, chimes or carillons, which may include electronic devices that imitate the sounds of bells, chimes or carillons, while being used in conjunction with religious services;
3. Emergency energy release devices;
4. When public health or safety is involved, emergency work to provide electricity, water, or other public utilities; to conduct emergency construction or demolition work; to make emergency repairs to public roadways or bridges; to address emergency incidents such as the cleanup of spills of hazardous materials; or upon written approval of the authorized enforcement agency, to utilize sound producing devices to relocate wildlife;
5. Motor vehicle racetrack facilities engaged in the racing of motor vehicles;
6. National Warning System (NAWAS): Systems used to warn the community of attack or imminent public danger such as flooding or explosion. These systems are controlled by the New Jersey Department of Law and Public Safety;
7. Noise of aircraft flight operations;
8. Public celebrations that are government-sponsored or government-permitted events;
9. Public roadways;
10. Surface carriers engaged in commerce by railroad when the noise sources in question are trains in motion, operating retarders, train horns and whistles, or performing locomotive load test cell stands;
11. The unamplified human voice;
12. Use of explosive devices: These are regulated by the New Jersey Department of Labor and Workforce Development under the 1960 Explosive Act (N.J.S.A. 21:1A-1 to 21:1A-21 );
13. Normal operation of a handgun, rifle, shotgun, skeetshooting or trapshooting range which has been maintained continuously in the same location since January 24, 1972; or
14. Emergency electricity generators at an industrial, commercial, or community service facility in use during an electrical outage.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 29 - NOISE CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:29-1.6 - Performance test principle

Current through Register Vol. 56, No. 14, July 15, 2024
For the purposes of measuring sound in accordance with the applicable provisions of these regulations, test equipment methods and procedures shall conform to the provisions of N.J.A.C. 7:29-2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 29 - NOISE CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:29-1.8 - County and municipal ordinances to regulate noise

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A governing body of a municipality or county or board of health may adopt a noise control ordinance in accordance with the Noise Control Act of 1971, at 13:1G-21, provided that the ordinance shall be more stringent than the Noise Control Act or the regulations promulgated pursuant thereto, must be otherwise consistent with the Statewide scheme of noise control, and meets with the written approval of the Department.
(b) Enforcement of a noise control ordinance is limited to the authorized enforcement agency as specified in the ordinance and enforcement actions shall be conducted in accordance with 7:29-1.7, Enforcement.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 29 - NOISE CONTROL › Subchapter 2 - PROCEDURES FOR THE DETERMINATION OF NOISE FROM STATIONARY SOURCES › Section 7:29-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings, unless the text clearly indicates otherwise. Terms not defined in this section are intended to be used as defined in the New Jersey Control Act, 13:1G-1 et seq., and in this chapter, or are used in their common or engineering sense.
"A-weighted sound level" means the sound level in decibels, reported as measured by a sound level measuring instrument having an "A"-weighting network which discriminates against the lower frequencies according to a relationship approximating the auditory sensitivity of the human ear. The level so read is designated dBA.
"Department" means the Department of Environmental Protection.
"Duty cycle" means the period of time for one operating cycle for equipment which cycles periodically at a regular rate; e.g., five minutes on, 10 minutes off equals a 15 minute duty cycle.
"Extraneous sound" means an intermittent sound which is neither neighborhood residual sound nor sound from the source under investigation.
"Facility" means land and/or buildings used for commercial or industrial operations which produce the sound under investigation.
"Neighborhood residual sound level" means that measured value which represents the summation of the sound from all of the discrete sources affecting a given site at a given time, exclusive of extraneous sound and the sound from the source of interest.
"Noise" means, for purposes of this procedure, any sound which is not in conformance with the provisions of this chapter.
"Octave" means any two frequencies whose ratio is exactly two to one.
"Octave band" means a spectrum of sound frequencies between band edge frequencies an octave apart. For purposes of this procedure, octave band frequencies are as specified in Table 1, Page 11, of ANSI S1.11-1966 (R-1976) "specifications for octave, half-octave and third-octave band filter sets" (see 7:29-2.12(a)1  ).
"Sound level meter" means an instrument which is used to measure sound pressure level, sound level, octave band sound pressure level, or maximum sound level, separately or in combination and which conforms to the requirements set forth at 7:29-2.6(a)1  for such meters.
"Sound source" means any person, animal, device, equipment, operation, process, activity, or phenomenon that emits or causes sound.
"Sound spectrum" means the description of the resolution of a sound into its frequency and amplitude components.
"Steady state sound" means a sound whose level remains constant during measurement.
"Total sound level" means that measured level which represents the summation of the sounds from the source under investigation and the neighborhood residual sound level, excluding any extraneous sound, when measured on the property of an affected person.
"Wind screen" means a device recommended by the manufacturer as a microphone cover to reduce the effect of wind.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 29 - NOISE CONTROL › Subchapter 2 - PROCEDURES FOR THE DETERMINATION OF NOISE FROM STATIONARY SOURCES › Section 7:29-2.2 - Acceptable test methods

Current through Register Vol. 56, No. 14, July 15, 2024
Testing shall be conducted in accordance with methods set forth hereinafter. Alternative methods, procedures, or instruments may be used subject to approval and conditions prescribed by the Department. The Department may itself employ such alternatives when warranted by test conditions or other circumstances.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 29 - NOISE CONTROL › Subchapter 2 - PROCEDURES FOR THE DETERMINATION OF NOISE FROM STATIONARY SOURCES › Section 7:29-2.3 - Measurement principle

Current through Register Vol. 56, No. 14, July 15, 2024
For purposes of measuring noise in accordance with applicable provisions of the rules of the Department, sound levels shall be determined by a qualified investigator using instruments and procedures prescribed by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 29 - NOISE CONTROL › Subchapter 2 - PROCEDURES FOR THE DETERMINATION OF NOISE FROM STATIONARY SOURCES › Section 7:29-2.4 - Operating conditions during the test

Current through Register Vol. 56, No. 14, July 15, 2024
Insofar as practicable, sound will be measured while the source under investigation is operating at normal, routine conditions and, as necessary, at other conditions including, but not limited to, design, maximum and fluctuating rates. For test purposes, these conditions will apply during the times from 7:00 A.M. to 10:00 P.M. and from 10:00 P.M. to 7:00 A.M.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 29 - NOISE CONTROL › Subchapter 2 - PROCEDURES FOR THE DETERMINATION OF NOISE FROM STATIONARY SOURCES › Section 7:29-2.5 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All tests shall be conducted in accordance with the following procedures:
1. The investigator shall, to the extent practicable, identify all sources contributing sound to the point of measurement.
2. Measurements shall be taken at or within the property line of any affected person.
3. The measuring device must be calibrated before and after each series of readings and at least once every hour.
4. The sound level meter must be recalibrated and the calibrator must be recalibrated at least once per year by the manufacturer or by a laboratory accredited for such calibrations by either the American Association for Laboratory Accreditation or the National Institute of Standards and Technology. A copy of written documentation of such recalibration, in a form approved by the Department, shall be kept with the equipment to which it refers.
5. No outdoor measurements shall be made:
i. During periods when the wind speed exceeds 12 miles per hour (including gusts).
ii. Without a wind screen properly attached to the measuring device.
iii. Under any condition which allows the measuring device to become wet, such as rain, snow, or condensation.
iv. When the ambient temperature is below 14 degrees F (-10 degrees C) or above 122 degrees F (50 degrees C).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 29 - NOISE CONTROL › Subchapter 2 - PROCEDURES FOR THE DETERMINATION OF NOISE FROM STATIONARY SOURCES › Section 7:29-2.6 - Equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Requirements for equipment are as follows:
1. Sound level meters:
i. Measurements of continuous or impulse sound shall be made either with a Type 1 (Precision) or a Type 2 (General Purpose) sound level meter manufactured to the requirements of ANSI S1.4-1971 specification for sound level meters (see 7:29-2.12(a)2  ) or its successor.
ii. Measurements of sound by octave bands shall be made with a sound level meter with octave band frequency filter set that conforms to the requirements of Class II as specified in ANSI S1.11-1966 (R-1976) "specification for octave, half-octave, and third-octave band filter sets" (see 7:29-2.12(a)1  ) or its successor.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 29 - NOISE CONTROL › Subchapter 2 - PROCEDURES FOR THE DETERMINATION OF NOISE FROM STATIONARY SOURCES › Section 7:29-2.7 - Reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Reports shall be provided on forms approved by the Department.
(b) The report for each test shall include:
1. The date and day of the week on which the test is made;
2. The time of measurements, clearly indicating A.M. or P.M.;
3. The times of calibration of the measuring devices while on site;
4. The weather conditions;
5. The temperature when the ambient is below 14 degrees F (-10 degrees C);
6. The wind speed;
7. The identification of all measurement equipment by manufacturer, model number, and serial number;
8. The date each piece of equipment was last recertified or recalibrated by the manufacturer or other approved person;
9. The duty cycle of source of interest;
10. The total sound level in dBA, or dB if in octave bands, or in dBA peak if measuring maximum instantaneous sound pressure level of impulse sound at the measurement point;
11. The neighborhood residual sound level in dBA, or dB if in octave bands, at the measurement point;
12. A sketch of the site, not necessarily to scale, orienting the facility of interest, the points of measurement, topographic features, and relevant distances, containing sufficient information for another investigator to repeat the measurements under similar conditions;
13. A description of the sound sources by character and location;
14. A description of the neighborhood residual sound by character and location, to the extent feasible.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 29 - NOISE CONTROL › Subchapter 2 - PROCEDURES FOR THE DETERMINATION OF NOISE FROM STATIONARY SOURCES › Section 7:29-2.8 - Preparation for testing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Survey: Prior to taking noise measurements the investigator shall explore the vicinity of the suspected source on foot to identify any other sound sources which could affect measurements, to establish the approximate location and character of the main sound source, and to select suitable points from which to measure the sound from the suspected source and the neighborhood residual sound.
(b) Nature of sound: While the sound source or sources are under observation the investigator shall ascertain whether the sound is steady state or extraneous. The duty cycle time, if any, shall be measured and noted.
(c) Wind speed measurement: The investigator shall measure the wind speed at the measurement site with an appropriate wind meter. If the wind speed does not exceed 12 miles per hour (5.4 meters per second), proceed using a sound level meter equipped with a wind screen. When the wind speed exceeds 12 miles per hour (5.4 meters per second), including gusts, sound level readings shall not be made, but shall be postponed until the wind speed decreases below 12 miles per hour (5.4 meters per second).
(d) Instrument selection: After determining the character of the sound to be measured, the investigator shall select the appropriate measuring equipment pursuant to the requirements of 7:29-2.6. If the sound is concentrated within a narrow band of frequencies, an instrument capable of octave band analysis shall be selected. If impulse sound is predominant, an instrument capable of impulse peak measurement shall be selected.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 29 - NOISE CONTROL › Subchapter 2 - PROCEDURES FOR THE DETERMINATION OF NOISE FROM STATIONARY SOURCES › Section 7:29-2.9 - Procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Calibration of Sound Measuring Equipment: When a meter zero adjust screw is accessible from outside the sound measuring equipment, then prior to making sound level measurements, the investigator shall zero adjust in accordance with the manufacturer's instructions. If the zero adjust screw of the equipment is not readily accessible, and if the investigator observes that the meter zero adjust is defective, the equipment shall be taken out of service until repaired. Before and after making a set of sound level measurements, the investigator shall check, and if warranted, adjust the sound level meter calibration at the level specified by the sound level calibrator used. When a multi-frequency calibrator is used, it shall be set at 1000 Hertz. The procedures below shall be followed before and after each set of measurements:
1. Turn on the sound level meter and allow it to warm-up as specified by the manufacturer--usually three to five minutes;
2. Check the condition of the sound level meter battery and replace if necessary;
3. Set the sound level meter range or attenuator setting to the appropriate level (most calibrators produce sound levels in the range of 94 to 124 dB);
4. Set the sound level meter for slow response and set the sound level meter weighting switch to the appropriate position in accordance with the manufacturer's instructions for the sound level calibrator to be used;
5. Test the calibrator batteries and replace them if necessary;
6. Allow the calibrator to warm-up if necessary as specified by the manufacturer;
7. Place the calibrator on the microphone gently to prevent damage to the microphone diaphragm; and
8. Adjust the sound level meter using the calibration (sensitivity or amplifier gain) adjustment until the meter reads the calibrator output.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 29 - NOISE CONTROL › Subchapter 2 - PROCEDURES FOR THE DETERMINATION OF NOISE FROM STATIONARY SOURCES › Section 7:29-2.10 - Calculations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Corrected source sound level: Correct the total sound level for the neighborhood residual sound in accordance with the procedure for using Table 1 to determine the sound level from the sound source of interest. If the difference between the total sound level and the neighborhood residual sound level is greater than 10 dB no correction is necessary.
TABLE 1
THE DETERMINATION OF SOURCE SOUND LEVEL FROM TOTAL AND NEIGHBORHOOD
RESIDUAL SOUND MEASUREMENTS
A Sound Level
B Correction Factor
Difference (Decibels)
(Decibels)
0.5
9.6
1
7
2
4
3
3
4
1.8
5
1.6
6
1.2
7
1
8
0.75
9
0.6
10
0.5
Greater than 10
0.0
Procedure for Using Table 1
Step 1: Subtract the maximum measured level of the neighborhood residual sound from the minimum measured level of the total sound. If the value obtained is a decimal number, round the value down to the nearest lower value in Column A.
Step 2: In Column A, find the difference determined under Step 1 and its corresponding correction factor in Column B.
Step 3: Subtract the value obtained from Column B in Step 2 from the minimum measured total sound level (used in Step 1) to determine the sound level attributable to the sound source.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 29 - NOISE CONTROL › Subchapter 2 - PROCEDURES FOR THE DETERMINATION OF NOISE FROM STATIONARY SOURCES › Section 7:29-2.11 - Qualifications of enforcement personnel

Current through Register Vol. 56, No. 14, July 15, 2024
For the purposes of this chapter, an employee representing an authorized enforcement agency shall be considered qualified to make noise measurements and enforce the State's Noise rules or a municipal noise ordinance approved by the Department, as the case may be, if such person completes a noise certification course, and is recertified, at least once every two years, at a noise certification course which is offered by the Department of Environmental Sciences of Cook College, Rutgers, the State University. The Department of Environmental Protection shall provide an extension for recertification on a case-by-case basis beyond the two year period for a person until the next time the recertification course is offered. Such requests shall be made in writing to the Department at least 10 working days prior to the expiration of the person's certification.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 29 - NOISE CONTROL › Subchapter 2 - PROCEDURES FOR THE DETERMINATION OF NOISE FROM STATIONARY SOURCES › Section 7:29-2.12 - Incorporation by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Wherever referenced in this subchapter, the following sources are incorporated by reference as part of this subchapter:
1. ANSI:S1.11-1966 (R 1976) "specifications for octave, half-octave and third-octave filter sets" can be purchased from: American National Standards Institute, Inc., 1430 Broadway, New York, New York 10018. Cost: $ 5.50.
2. ANSI:S1.4-1971 "specification for sound level meters" can be purchased from: American National Standards Institute, Inc., 1430 Broadway, New York, New York 10018. Cost: $ 5.50.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 1 - SCOPE AND DEFINITIONS › Section 7:30-1.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless otherwise provided by rule or statute, the following shall constitute the rules of the Pesticide Control Program and shall govern the manufacturing, labeling, registration, and classification of pesticides, the registration of pesticide dealers and pesticide dealer businesses, the registration of applicators of pesticides, the use of Integrated Pest Management (IPM) in schools, and the distribution, use, application, storage, handling, transportation, and disposal of pesticides in the State of New Jersey.
(b) Any fee under this chapter that is subject to N.J.A.C. 7:1L shall be payable in installments in accordance with N.J.A.C. 7:1L.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 2 - PESTICIDE PRODUCT REGISTRATION, GENERAL REQUIREMENTS, PROHIBITED AND RESTRICTED USE PESTICIDES › Section 7:30-2.1 - Registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall hold, use, distribute, sell, or offer for sale within this State or deliver for transportation or transport in intrastate commerce or between points within this State through any point outside this State any pesticide unless it is currently registered with the Department.
(b) Each pesticide product including each EPA Registration Number, each supplemental registration, each brand name, trade name, formulation, specific fertilizer/pesticide mixture, Experimental Use Pesticide, Special Local Need, FIFRA Section 24(c), or Emergency Exemption, FIFRA Section 18, shall be registered separately.
(c) At the time of registration, the registrant shall file a statement with the Department which includes:
1. The name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the applicant's;
2. The brand name of the pesticide;
3. A complete copy of the current label, which shall contain all statements, words, graphic material and any other information required by FIFRA, and the labeling accompanying the pesticide and a statement of all claims including the directions and precautions for use;
i. If a label or labeling is revised during the registration year, the registrant shall submit a copy of the revised label or labeling within 30 days;
4. The use classification of the pesticide as required by Federal or State regulation;
5. For registrants of any TBT antifoulant paint labeled for marine uses, a certification which states that the TBT antifoulant paint has an acceptable release rate; and
6. Initial product registration of pesticide active ingredients not previously registered in New Jersey shall supply the following information, if available:
i. A Material Safety Data Sheet (MSDS), which is created by the pesticide product registrant;
ii. A US EPA Notice of Pesticide Registration/Reregistration, or US EPA Notice of Supplemental Distribution; and
iii. US EPA required Fact Sheet for the Active Ingredient(s).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 2 - PESTICIDE PRODUCT REGISTRATION, GENERAL REQUIREMENTS, PROHIBITED AND RESTRICTED USE PESTICIDES › Section 7:30-2.2 - Registrations pursuant to the provisions of Sections 18 and 24(c) of FIFRA

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may issue emergency exemption registrations pursuant to the provisions of Section 18 of FIFRA if the State has been authorized by the Administrator of the US EPA to issue such registrations. The issuance of such registrations shall comply with the terms and conditions of such authorization and any rules and regulations promulgated under the provisions of Section 18 of FIFRA. The registration application shall be made on an application form supplied by the Department, which can be obtained by contacting the Pesticide Control Program, PO Box 411, Trenton, NJ 08625-0411.
(b) The Department may issue a Special Local Need registration pursuant to the provisions of Section 24(c) of FIFRA if:
1. The State is authorized by the Administrator of the US EPA to issue such registrations; and
2. The Department has received US EPA Form No. 8570-25 and all other information requested in the Department's instruction sheet; and
3. The composition of the pesticide is such as to warrant the proposed claims for it; and
4. The labeling and other material required to be submitted comply with the requirements of FIFRA, the Act or any rules and regulations promulgated thereunder; and
5. The pesticide will perform its intended function without significant risk of inquiry or damage; and
6. When used in accordance with widespread and commonly recognized practices the pesticide will not generally cause significant risk of injury or damage; and
7. The classification for general or restricted use is in conformity with State of New Jersey regulations and section 3(d) of FIFRA.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 2 - PESTICIDE PRODUCT REGISTRATION, GENERAL REQUIREMENTS, PROHIBITED AND RESTRICTED USE PESTICIDES › Section 7:30-2.3 - Experimental use permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The holder of a Federally issued experimental use permit shall:
1. Submit to the Department, Pesticide Control Program a copy of the EPA stamped, accepted and finished printed experimental use permit label;
2. Submit to the Department, Pesticide Control Program a copy of the EPA letter which authorizes and approves the experimental use permit and which defines the parameters of the experimental use permit;
3. Submit to the Department, Pesticide Control Program, a copy of the experimental use program protocol which outlines the use of the experimental pesticide in New Jersey;
4. Submit to the Department, Pesticide Control Program, a copy of the Material Safety Data Sheet (MSDS) which is created by the holder of the Federally-issued experimental use permit for the experimental pesticide;
5. Submit to the Department, Pesticide Control Program, the name, address and exact location of the field(s) being treated, and acreage of the site(s) in New Jersey where the experimental pesticide will be used;
6. Submit to the Department, Pesticide Control Program, the name(s) and address(es) and telephone number(s) of any person(s) who will be applying the experimental use pesticide in New Jersey;
7. Submit to the Department, Pesticide Control Program, the name(s), address(es) and telephone number(s) of any person(s) whose property in New Jersey will be used for the experimental use program; and
8. Submit to the Department, Pesticide Control Program, upon request a copy of the reports required under Federal regulations.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 2 - PESTICIDE PRODUCT REGISTRATION, GENERAL REQUIREMENTS, PROHIBITED AND RESTRICTED USE PESTICIDES › Section 7:30-2.4 - Refusal, cancellation, or suspension of a pesticide registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may refuse to register any pesticide, if:
1. The Department determines that the pesticide does not warrant the proposed claims;
2. The pesticide is highly toxic and there is no effective antidote under the conditions of use for which such pesticide is intended or recommended;
3. The pesticide is recommended for use on food or feed crops, and the EPA has not established for such pesticide a tolerance or exemption from the need of a tolerance or a temporary tolerance or exemption from the need of a temporary tolerance; or
4. The pesticide and its labeling and other material required to be submitted for registration do not comply with the provisions of FIFRA, the Act or rules and regulations promulgated thereunder.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 2 - PESTICIDE PRODUCT REGISTRATION, GENERAL REQUIREMENTS, PROHIBITED AND RESTRICTED USE PESTICIDES › Section 7:30-2.5 - Right of entry or collection of samples

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to determine compliance with the requirements of the Act or rules promulgated thereunder, the Department may, at reasonable hours, enter any building or place except private residences pursuant to (c) below, for the purpose of investigating an actual or suspected violation relating to pesticides, ascertaining compliance or non-compliance with any rules, regulations or orders of the Department. The Department may conduct an inspection or sampling, and may procure samples, for analysis or examination from any premises, lot, package or parcel of pesticide or substance suspected to contain a pesticide. If the owner, operator or agent in charge of the place to be inspected is present, officers or employees of the Department shall notify him or her of their intent to inspect or sample and inform him or her of the reason therefore. Having been so notified, no person shall prevent officers or employees of the Department from conducting such inspection or sampling.
(b) Notification pursuant to (a) above may also consist of a "Notice Of Attempt To Contact" delivered by hand to an employee, an owner, operator or agent in charge, or sent by certified mail, receipt acknowledged.
1. When such "Notice" has been sent by certified mail, an owner, operator or agent in charge of the place to be inspected shall have one week after the date of delivery to contact the Department, Pesticide Control Program and arrange for the inspection or sampling.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 2 - PESTICIDE PRODUCT REGISTRATION, GENERAL REQUIREMENTS, PROHIBITED AND RESTRICTED USE PESTICIDES › Section 7:30-2.6 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person issued a product registration under the provisions of this subchapter shall maintain and, upon request by the Department, submit accurate records containing the following information:
1. The delivery, movement, or holding of any pesticide including the quantity;
2. The date of shipment and receipt;
3. The name of consignor and consignee; and