New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1G - WORKER AND COMMUNITY RIGHT TO KNOW REGULATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 7:1G-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Act" means the Worker and Community Right to Know Act, P.L. 1983 c.315, 34:5A-1 et seq.
"Administrative order" means any and all orders issued or entered into by the Department including, but not limited, to administrative consent orders.
"Chemical Abstracts Service Registry Number" or "C.A.S. number" means the unique identification number assigned by the Chemical Abstracts Service to chemicals.
"Chemical name" means the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry or the Chemical Abstracts Service rules of nomenclature.
"Common name" means any designation or identification such as a code name, code number, trade name, brand name or generic name used to identify a chemical other than by its chemical name.
"Community Right to Know Survey" means the reporting form which combines the chemical inventory reporting requirements of the Environmental Survey, formerly Part I, and the Superfund Amendments and Reauthorization Act, Section 312.
"Compound" means a substance composed of two or more elements chemically united in a fixed proportion.
"Container" means a receptacle used to hold a liquid, solid, or gaseous substance, including, but not limited to, bottles, pipelines, bags, barrels, boxes, cans, cylinders, drums, cartons, vessels, vats, and stationary or mobile storage tanks. "Container" shall not include process containers.
"Department" means the New Jersey Department of Environmental Protection, however, for the purpose of N.J.A.C. 7:1G-6, it shall mean both the New Jersey Department of Environmental Protection and the New Jersey Department of Health, unless otherwise indicated.
"Designated county lead agency" means a health agency or office of emergency management designated by the county clerk to be responsible for conducting all county health department activities required by the Act in the county.
"Employee" means a person who works at a facility owned or operated by an employer as defined in this section on a paid or unpaid basis and who may or may not be directly paid by the employer who owns or operates the facility. It is not intended that this term encompass independent contractors.
"Employer" means any person or corporation, regardless of whether he pays employees, in the State, engaged in business operations having the following United States North American Industry Classification System (NAICS) codes, dated and published in 2002 by the Executive Office of the President, Office of Management and Budget, ISBN 0-934213-87-9 (NTIS PB2002-502024), subject to the specified exceptions and limitations:
Subsector Code or Industry Code
Description
Exceptions and/or Limitations
11
Agriculture,
Forestry, Fishing and
Hunting
111998
All Other
Limited to facilities that
Miscellaneous Crop
reduce maple sap to maple
Farming
syrup
113310
Logging
No exceptions or
limitations
21
Mining
211112
Natural Gas Liquid
Limited to facilities that
Extraction
recover sulfur from natural
gas
212324
Kaolin and Ball Clay
Limited to facilities
Mining
operating without a mine or
quarry and that are primarily
engaged in beneficiating
kaolin and clay
212325
Clay and Ceramic and
Limited to facilities
Refractory Minerals
operating without a mine or
Mining
quarry and that are primarily
engaged in beneficiating
clay, ceramic and refractory
minerals
212393
Other Chemical and
Limited to facilities
Fertilizer Mineral
operating without a mine or
Mining
quarry and that are primarily
engaged in beneficiating
chemical or fertilizer
mineral raw materials
212399
All Other Nonmetallic
Limited to facilities
Mineral Mining
operating without a mine or
quarry and that are primarily
engaged in beneficiating
nonmetallic minerals
22
Utilities
No exceptions or
limitations
31-33
Manufacturing
Except facilities engaged
in wholesale distribution of:
Piece goods, notions and
other dry goods (broadwoven
converters, piece goods
converters); and Meat and
meat products (boxed beef);
groceries and related
products, not elsewhere
classified (processed bottled
water manufacturing); and
except Candy, nut and
confectionery stores
(chocolate candy stores
preparing on premises,
nonchocolate candy stores,
preparing on premises);
Retail bakeries (bread, cake
and related products baked
and sold on premises);
Miscellaneous apparel and
accessory stores (custom
tailors, custom dressmakers);
Furniture stores (custom
wood cabinets, custom made
upholstered household
furniture, custom made
nonupholstered wood household
furniture); Drapery, curtain
and upholstery stores (custom
drapes, custom slipcovers);
Miscellaneous home furnishing
stores (manufacturing and
selling pottery on site);
Optical goods stores (optical
laboratories grinding lenses
to prescription);
Miscellaneous retail stores
(manufacture of orthopedic
devices to prescription in a
retail environment); and
Except facilities engaged in
:
the following services
Photocopying and duplicating
services (quick printing);
Business services (embroidery
of advertising on shirts and
rug binding for the trade,
aerosol packaging, solvent
recovery service-contract,
tobacco sheeting service,
sponging, shrinking, etc.,
fabric for tailors and
dressmakers, batik work);
Armature rewinding stores
(remanufacturing); Services
allied to motion picture
production (reproduction of
video); Dental laboratories
42
Wholesale Trade
423830
Industrial Machinery
Except facilities engaged
and Equipment Merchant
in sales of industrial
Wholesalers
machinery and equipment
(merchant wholesalers)
423840
Industrial Supplies
No exceptions or
Merchant Wholesalers
limitations
423850
Service Establishment
No exceptions or
Equipment and Supplies
limitations
Merchant Wholesalers
423930
Recyclable Material
No exceptions or
Merchant Wholesalers
limitations
4242
Drugs and Druggists'
No exceptions or
Sundries Merchant
limitations
Wholesalers
424310
Piece Goods, Notions
Limited to merchant
and Other Dry Goods
wholesalers of yarn, except
Merchant Wholesalers
industrial
424340
Footwear Merchant
Limited to merchant
Wholesalers
wholesalers of footwear
cutstock
4246
Chemical and Allied
No exceptions or
Products Wholesalers
limitations
4247
Petroleum and
No exceptions or
Petroleum Merchant
limitations
Wholesalers
424810
Beers and Ale
No exceptions or
Merchant Wholesalers
limitations
424820
Wine and Distilled
No exceptions or
Alcoholic Beverage
limitations
Merchants Wholesalers
4249
Miscellaneous
No exceptions or
Nondurable Goods
limitations
Merchants Wholesalers
425110
Business to Business
Limited to facilities
Electronic Markets
engaged in the wholesale
distribution of the
following: Industrial
supplies (business to
business electronic markets);
Service establishments
equipment and supplies
(business to business
electronic markets); Scrap
and waste metals (business to
business electronic markets);
Drugs, drug proprietaries ,
and druggists' sundries
(business to business
electronic markets); Plastic
materials and basic forms
sundries (business to
business electronic markets);
Chemical and allied products,
not otherwise classified
(business to business
electronic markets);
Petroleum and petroleum
products wholesalers, except
bulk stations and terminals
(business to business
electronic markets); Beer,
wine and distilled alcoholic
beverages (business to
business electronic markets);
Farm supplies (business to
business electronic markets);
Books, periodicals and
newspapers (business to
business electronic markets);
Flowers, nursery stock and
florists' supplies (business
to business electronic
markets); Tobacco and tobacco
products (business to
business electronic markets);
Paints, varnishes and
supplies (business to
business electronic markets);
Nondurable goods, not
elsewhere classified
(business to business
electronic markets);
425120
Wholesale Trade
Limited to facilities
Agents and Brokers
engaged in wholesale
distribution of the
following:
Subsector Code or Industry Code
Description
Exceptions and/or Limitations
Industrial supplies,
not elsewhere classified
(agents and brokers);
Service establishments
equipment and supplies
(agents and brokers);
Scrap and waste metals
(agents and brokers);
Drugs, drug
proprietaries, and
druggists' sundries
(agents and brokers);
Plastic materials and
basic forms and shapes
(agents and brokers);
Chemical and allied
products, not otherwise
classified (agents and
brokers);
Petroleum and
petroleum products
wholesalers, except bulk
stations and terminals
(agents and brokers);
Beer, wine and
distilled alcoholic
beverages (agents and
brokers);
Farm supplies (agents
and brokers);
Books, periodicals and
newspapers (agents and
brokers);
Flowers, nursery stock
and florists' supplies
(agents and brokers);
Tobacco and tobacco
products (agents and
brokers);
Paints, varnishes and
supplies (agents and
brokers);
Nondurable goods, not
elsewhere classified
(agents and brokers);
44-45
Retail Trade
441110
New Car Dealers
No exceptions or
limitations
441120
Used Car Dealers
No exceptions or
limitations
444220
Nurseries, Garden Centers
Limited to wholesale
and Farm Supply Stores
facilities engaged in
sales of the following:
Farm supplies (lawn and
garden supplies sold via
retail method); and
Flowers, nursery stock
and florists' supplies
(sold via retail method)
445310
Beer, Wine and Liquor
Limited to wholesale
Stores
facilities engaged in
sales of beer, wine and
distilled alcoholic
beverages via retail
method
446110
Pharmacies and Drug
Limited to wholesale
Stores
facilities engaged in
sales of drugs, drug
proprietaries, and
druggists' sundries
(drugs and sundries sold
via retail method)
446120
Cosmetics, Beauty
Limited to wholesale
Supplies and Perfume Stores
facilities engaged in
retail sales of cosmetics
and perfumes
446191
Food (Health) Supplement
Limited to wholesale
Stores
facilities engaged in
retail sales of food
supplements
4471
Gasoline Stations
Except convenience
stores with gas
451211
Book Stores
Limited to wholesale
facilities engaged in
sales of books,
periodicals and
newspapers (sold via
retail method)
453220
Gift, Novelty, and
Limited to wholesale
Souvenir Stores
facilities engaged in
sales of curios,
statuary, gifts,
novelties, and souvenirs
sold via retail method
453910
Pet and Pet Supplies
Limited to wholesale
Stores
facilities engaged in
sales of pets, pet
supplies and tropical
fish (sold via retail
method)
453991
Tobacco Stores
Limited to wholesale
facilities engaged in
sales of tobacco and
tobacco products (sold
via retail method), and
Smokers' supplies (sold
via retail method)
453998
All Other Miscellaneous
Limited to wholesale
Store Retailers (Except
facilities engaged in
Tobacco Stores)
sales of industrial
supplies (sold via retail
method), and plastic
materials and basic forms
and shapes (sold via
retail method)
454310
Fuel Dealers
Limited to petroleum
bulk stations and
terminals engaged in the
distribution of heating
oil or liquid petroleum
gas sold to final
consumer
48-49
Transportation and
Warehousing
4811
Scheduled Air
No exceptions or
Transportation
limitations
486
Pipeline Transportation
No exceptions or
Industry
limitations
487110
Scenic and Sightseeing
Limited to facilities
Transportation, Land
engaged in horse-drawn
cabs and carriages
services
488111
Air Traffic Control
No exceptions or
limitations
488119
Other Airport Operations
Except facilities
engaged in flying fields
operated by aviation
clubs
488190
Other Support Activities
Limited to facilities
for Air Transportation
engaged in aircraft
servicing and repairing
488210
Support Activities for
Except facilities
Rail Transportation
engaged in railroad
switching and terminal
establishments (all but
short line railroads)
488390
Other Support Activities
Except facilities
for Water Transportation
engaged in water
transportation services
(all but lighthouse
operations, piloting
vessels in and out of
harbors, boat and ship
rental, marine salvage,
lighterage, marine
surveyor services, and
canal operations); and
Repair shops and related
services engaged in ship
scaling
488490
Other Support Activities
Except terminal and
for Road Transportation
service facilities for
motor vehicle passenger
transportation; Terminal
and joint terminal
maintenance facilities
for motor freight
transportation;
Arrangement of passenger
services (arrangement of
carpools and vanpools);
and Driving services, for
example, auto or truck
delivery and pilot car
services
488510
Freight Transportation
No exceptions and/or
Arrangement
limitations
488991
Packing and Crating
No exceptions and/or
limitations
488999
All Other Support
Limited to pipeline
Activities for
terminals and stockyards
Transportation
for transportation
492110
Couriers
Limited to air courier
services
51
Information
51111
Newspaper Publishers
No exceptions or
limitations
51112
Periodical Publishers
No exceptions or
limitations
51113
Book Publishers
No exceptions or
limitations
51114
Directory and Mailing
Except direct mail
List publishers
advertising services
(mailing list compilers)
511191
Greeting Card Publishers
No exceptions or
limitations
511199
All Other Publishers
No exceptions or
limitations
512220
Integrated Record
No exceptions or
Production/Distribution
limitations
512230
Music Publishers
Except facilities
primarily engaged in
music copyright
authorizing use, music
copyright buying and
licensing, and music
publishers
working on their own
account
517110
Wired Telecommunication Carriers
Except cable and other
program distribution, and
broadband Internet service
providers (for example,
cable, DSL)
517210
Wireless Telecommunication Carriers (Except
Except ship to shore
Satellite)
broadcasting carriers
517911
Telecommunication Resellers
No exceptions or limitations
519130
Internet Publishing and Broadcasting and Web
Except web search portals,
Search Portals
Internet broadcasting,
special interest web sites,
entertainment sites and
interactive game sites
53
Real Estate and Rental and Leasing
532411
Commercial Air, Rail, and Water Transportation
Limited to facilities
Equipment Rental and Leasing
engaged in rental of railroad
cars
54
Professional, Scientific and Technical Services
541380
Testing Laboratories
No exceptions or
limitations
541614
Process, Physical Distribution, and Logistics
Except facilities engaged
Consulting Services
in management consulting
services (manufacturing
management, physical
distribution, and site
location consulting)
541712
Research and Development in the Physical,
Except facilities engaged
Engineering and Life Sciences (except Biotechnology)
in commercial physical and
biological research; and
Noncommercial research
organizations (physical
engineering and life
sciences)
541890
Other Services Related to Advertising
Except facilities engaged
in sign painting and
lettering, showcard painting,
mannequin decorating service
and other advertising related
business services
541940
Veterinary Services
Limited to facilities
engaged as veterinary testing
laboratories
56
Administrative and Support and Waste Management
and Remediation Services
5617
Services to Buildings and Dwellings
Except facilities engaged
in ornamental shrub and tree
services; Power washing
building exteriors, not
associated with construction;
Disinfecting and pest control
services (exterminating and
pest control); Building
cleaning and maintenance
services (janitorial
services, and services to
building and dwellings,
except janitorial services);
Swimming pool cleaning and
maintenance; and Furnace,
duct, gutter, and drain
cleaning services
56221
Hazardous Waste Treatment and Disposal
No exceptions or
limitations
562910
Remediation Services
Except facilities engaged
in asbestos abatement and
lead paint removal
contractors
562920
Materials Recovery Facilities
No exceptions or
limitations
562998
All Other Miscellaneous Waste Management
Except facilities engaged
Services
in sewer cleaning and rodding
61
Educational Services
611110
Elementary and Secondary Schools
No exceptions or limitations
611210
Junior Colleges
No exceptions or limitations
611310
Colleges, Universities and Professional Schools
No exceptions or
limitations
611512
Flight Training
Except schools and
educational services (flying instruction)
611513
Apprenticeship Training
No exceptions or
limitations
611519
Other Technical and Trade Schools
Limited to facilities
engaged as vocational schools
(except aviation and flight
training and apprenticeship
training)
62
Health Care and Social Assistance
622
Hospitals
No exceptions or
limitations
72
Accommodation and Food Services
722310
Food Service Contractors
Limited to facilities
engaged in dining car
operations on a fee or
contract basis
81
Other Services (Except Public Administration)
81111
Automotive, Mechanical and Electrical Repair
No exceptions or
and Maintenance
limitations
811121
Automotive Body, Paint and Interior Repair and
No exceptions or
Maintenance and Glass Repair
limitations
811122
Automotive Glass Replacement Shops
Except facilities engaged
in automotive window tinting
811198
All Other Automotive Repair and Maintenance
Except automotive services
8113
Commercial and Industrial Machinery and
Limited to facilities
Equipment (Except Automotive and Electronic) Repair
engaged in welding repair
and Maintenance
811420
Reupholstery and Furniture Repair
Limited to facilities
engaged in aircraft
upholstery repair
811490
Other Personal and Household Goods Repair and
Limited to facilities
Maintenance
engaged in pleasure boat
repair
812320
Drycleaning and Laundry Services (Except
Limited to facilities
Coin-operated)
engaged as drycleaning
plants, except rug cleaning
812332
Industrial Launderers
No exceptions or limitations
Except for the purposes of 34:5A-26, "employer" also means the State and local governments, or any agency, authority, department, bureau, or instrumentality thereof, or any non-profit, non-public school, college or university.
"Environmental Hazardous Substance" or "EHS" means any substance designated by the Department in N.J.A.C. 7:1G-2.
"Environmental Hazardous Substance list" means the list of Environmental Hazardous Substances in N.J.A.C. 7:1G-2.
"Environmental Hazardous Substance Number" means the unique number assigned by the Department to each EHS.
"Environmental Survey" means a written form, comprised of the Community Right to Know Survey, and the Release and Pollution Prevention Report, prepared by the Department of Environmental Protection and transmitted to an employer, on which the employer shall provide certain information concerning each of the environmental hazardous substances at the facility, including, but not limited to, the following:
1. The chemical name and the Chemical Abstracts Service number of the environmental hazardous substance;
2. A description of the use of the environmental hazardous substance at the facility;
3. The quantity of the environmental hazardous substance produced at the facility;
4. The quantity of the environmental hazardous substance brought into the facility;
5. The quantity of the environmental hazardous substance consumed at the facility;
6. The quantity of the environmental hazardous substance shipped out of the facility, as or in, products;
7. The maximum inventory of the environmental hazardous substance stored at the facility, the methods of storage, and the frequency and methods of transfer;
8. The total stack or point-source emissions of the environmental hazardous substance;
9. The total estimated fugitive or non point-source emissions of the environmental hazardous substance;
10. The total discharge of the environmental hazardous substance into the surface or groundwater, the treatment methods, and the raw wastewater volume and loadings;
11. The total discharge of the environmental hazardous substance into publicly owned treatment works;
12. The quantity and methods of disposal, of any wastes containing an environmental hazardous substance, the methods 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 waste;
13. The total quantity of environmental hazardous substances (EHSs) generated at the facility, including hazardous substances generated as nonproduct output;
14. The quantity of environmental hazardous substances (EHSs) recycled on-site and off-site; and
15. Information pertaining to pollution prevention activities at the facility.
"Extremely hazardous substances" means chemicals on the list developed by the United States Environmental Protection Agency (USEPA) pursuant to Section 302 of Title III of the Federal Superfund Amendments and Reauthorization Act (SARA).
"Facility" means the building, equipment and contiguous area at a single location used for the conduct of business. For the purpose of this chapter, "Facility" shall not include a research and development laboratory.
"Hazard Code" means a number assigned by the Department to represent each hazard category established by the US Environmental Protection Agency pursuant to the Superfund Amendments and Reauthorization Act (SARA), Title III.
"Hazardous substance" means any substance defined by the State Department of Health in N.J.A.C. 8:58-9.
"Hazardous waste" means any solid waste defined as hazardous waste by the Department pursuant to P.L. 1970, c.39 (13:1E-1 et seq.)
"Input" means the total of starting inventory, quantity produced on site, quantity brought on site, and quantity recycled out of process and reused on site.
"Inventory range" means the upper and lower limits of the quantity of a hazardous substance used, stored or manufactured on site.
"Inventory range code" is a representation of an inventory range for reportable hazardous substances.
"Local Emergency Planning Committee" means a committee formed pursuant to Title III of the Federal Superfund Amendments and Reauthorization Act.
"Mixture" means a combination of two or more substances not involving a chemical reaction.
"Output" means the total of quantity consumed, quantity shipped off site as (or in) product, ending inventory, quantity recycled out of process and reused on site, quantity destroyed through on site treatment, quantity destroyed through on-site energy recovery, air emissions, water discharges, quantity disposed of on site, and other off site transfers.
"Person" includes an individual, corporation, company, partnership, firm, association, trust, estate, public or private institution, group, society, joint stock company, municipality, county, all political subdivisions of this State or any agency or instrumentality thereof, including health department, any agency or instrumentality of the State and any legal successor, representative agent or agency of the foregoing.
"Pilot plant" means pilot facility as that term is defined at N.J.S.A. 13:1D.
"Release and Pollution Prevention Report" means the reporting form which is used to fulfill the environmental release and pollution prevention reporting requirements of the environmental survey, formerly known as Part II of the environmental survey.
"Research and development (R & D) laboratory" means a specially designated area, including pilot plants, used primarily for research, development, and testing activity, and not primarily involved in the production of goods for commercial sale, in which environmental hazardous substances are used by or under the direct supervision of a technically qualified person. For the purpose of reporting on the Community Right to Know Survey, "primarily" means greater than 50 percent.
"Right to Know Survey" means a survey prepared by the Department of Health and completed by a public sector employer pursuant to the Act, on which the employer shall report each hazardous substance present at his facility.
"Special health hazard substance" means any substance defined by the State Department of Health in N.J.A.C. 8:59-10.
"Special health hazard substance list" means the list of substances defined by the State Department of Health in N.J.A.C. 8:59-10.
"Superfund Amendments and Reauthorization Act" or "SARA" means the Federal Act ( PL 99-499 ) establishing the "Emergency Planning and Community Right to Know Act of 1986" at Title III ( 42 USC 11001 ).
"Technically qualified person" in a research and development (R & D) laboratory means a person who has a bachelors degree in industrial hygiene, environmental science, health education, chemistry, or a related field and understands the health risks associated with exposure to the hazardous substances used in the R & D laboratory.
"Trade secret" means any formula, plan, pattern, process, production data, information, or compilation of information, which is not patented, which is known only to an employer and certain other individuals, and which is used in the fabrication and production of an article of trade or service, and which gives the employer possessing it a competitive advantage over businesses who do not possess it, or the secrecy of which is certified by an appropriate official of the federal government as necessary for national defense purposes. The chemical name and the Chemical Abstracts Service number of a substance shall be considered a trade secret only if the employer can establish that the substance is unknown to competitors.
"Trade secret claim" means a written request, made by an employer pursuant to 34:5A-15, to withhold the public disclosure of information on the grounds that the disclosure would reveal a trade secret.
"Trade secret docket number" means a code number temporarily or permanently assigned to the identity of information on the Community Right to Know Survey or Release and Pollution Prevention Report by the Department of Environmental Protection.
"Transmit" means to send via first-class mail or otherwise distribute.
"Unstaffed site" means a remotely operated site, not contiguous to any other staffed sites and at which no full-time or part-time employees are assigned at any time except for maintenance or emergency repair. An unstaffed site includes, but is not limited to, a cellular telephone tower, telecommunications relay box, switching box, telephone pole, and well station.
"Unusually hazardous" means likely to explode due to a highly volatile nature, a propensity to produce toxic fumes, or a tendency to react with water or common firefighting chemicals and any other property which the Department of Environmental Protection determines will make a substance an uncommon danger to firefighters and the surrounding community in the event of its exposure to a fire.