reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 5 - 303(D) WATER QUALITY LIMITED WATERS LISTS AND TOTAL MAXIMUM DAILY LOADS › Section 7:15-5.22 - Consultation and consent for wastewater management plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every
				wastewater management planning agency that prepares a wastewater management
				plan or wastewater management plan update, and every governmental unit or other
				person that prepares an amendment to a wastewater management plan, shall,
				during such preparation, notify and seek comments from and offer to confer
				with:
1. All governmental units that have
				regulatory or planning jurisdiction over wastewater, water supply, or land use
				in that wastewater management plan area, or in any additional sewer service
				area identified or being considered for identification under
				7:15-5.16(a)6,
				5.18(c)4, 5.24 or 5.25. Such governmental units shall include, but not be
				limited to: designated planning agencies, wastewater management planning
				agencies, county planning boards, municipal governing bodies and planning
				boards, sewerage authorities, municipal authorities, joint meetings, the
				Passaic Valley Sewerage Commissioners, the New Jersey Meadowlands Commission,
				water purveyors, the Pinelands Commission, the Highlands Council, and the
				Delaware River Basin Commission, as appropriate.
2. All governmental units and public
				utilities, and all vendors of wastewater treatment systems or services under
				the "New Jersey Wastewater Treatment Privatization Act",
				58:27-1 et seq., that:
i. Own, lease, operate, or maintain DTW that
				receive wastewater that arises within, or that is conveyed into or through,
				that wastewater management plan area, or in any additional sewer service area
				identified or being considered for identification under
				7:15-5.16(a)6,
				5.18(c)4, 5.24 or 5.25;
ii. Are
				parties to contracts for such DTW;
iii. Are permittees or co-permittees under
				N.J.A.C. 7:14A for such DTW; or
iv.
				Are projected in a draft or previously adopted wastewater management plan for
				that wastewater management plan area to perform activities listed in (a)2 i, ii
				or iii above.
3. The
				criteria in (a)2 i through iv above are exclusive of collection facilities for
				sewage that arises only on nonresidential property owned or leased by the
				governmental unit, public utility, or vendor.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 5 - 303(D) WATER QUALITY LIMITED WATERS LISTS AND TOTAL MAXIMUM DAILY LOADS › Section 7:15-5.24 - Delineation of sewer service areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Sewer service
				may only be provided to areas that are not identified as environmentally
				sensitive areas at (b) below, coastal planning areas listed at (c) below, or
				special restricted areas at (d) below, except as provided at (e) through (h)
				below. Nothing in this section shall preclude the wastewater management
				planning agency from excluding additional areas from sewer service based on
				local planning objectives, the lack of wastewater treatment capacity or other
				environmental concerns, including, but not limited to, source water
				protection.
(b) Environmentally
				sensitive areas shall be defined based on a composite geographic information
				systems (GIS) analysis, as any contiguous area of 25 acres or larger consisting
				of any of the following features alone or in combination:
1. Areas mapped as endangered or threatened
				wildlife species habitat on the Department's Landscape Maps of Habitat for
				Endangered, Threatened or Other Priority Species. The data are available as a
				download at the Department's webpage
http://www.nj.gov/dep/gis/listall.html
titled "Landscape Project Data";
2.
				Areas mapped as Natural Heritage Priority Sites, excluding those lands within
				the boundaries of these sites mapped in the "Urban Lands" layer extracted from
				the Department's 1995/97 and 2002 Land Use/Land Cover geographical information
				systems database as amended and updated. Both the Natural Heritage Priority
				Site data and the Urban Lands data are available as a digital data download at
				the Department's webpage
http://www.nj.gov/dep/gis/listall.html
titled "Natural Heritage Priority Sites";
3. Special water resource protection areas
				along a Category One waters and their tributaries established under the
				Stormwater Management rules, N.J.A.C. 7:8. Surface waters that are designated
				Category One are listed in the Surface Water Quality Standards at N.J.A.C.
				7:9B. These waters can be determined using the download available on the
				Department's webpage at
http://www.nj.gov/dep/gis/listall.html
titled "Surface Water Quality Standards"; and
4. Wetlands as mapped pursuant to
				13:9A-1 and
				13:9B-25. This data is available
				as a download on the Department's webpage
http://www.nj.gov/dep/gis/listall.html
titled "Wetlands."
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 6 - WATERSHED MANAGEMENT GRANTS › Section 7:15-6.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to set forth the rules
				  governing grants from the Watershed Management Fund to assist watershed
				  management groups in the funding of watershed management activities in
				  accordance with the Watershed Protection and Management Act of 1997,
58:29-1
et seq. This
				  subchapter establishes policies and procedures for the award and distribution
				  of Watershed Management Fund monies.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 6 - WATERSHED MANAGEMENT GRANTS › Section 7:15-6.2 - Project priority system and project priority award list

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each year
				the Department shall develop a Project Priority System that establishes the
				project category priorities for watershed management grants for that
				year.
(b) The Department shall
				publish a notice of availability of watershed management grants in the New
				Jersey Register, identifying the Project Priority System, application
				requirements, and deadline for submittal of applications. This notice shall
				additionally be posted on the Department's Grants and Loans Webpage at
http://www.nj.gov/dep/grantandloanprograms/
.
(c) Unless otherwise specified in the notice
				of availability, the Department shall, in general, give priority to the
				following watershed management activities:
1.
				The initial establishment of watershed associations and/or stakeholder groups
				to support watershed management planning activities;
2. Watershed management activities identified
				as a priority action in an adopted Watershed Management Area (WMA)
				Plan;
3. Watershed management
				activities identified by a PAC as a priority action prior to adoption of a WMA
				Plan;
4. Watershed management
				activities that are designed to address documented water resource problems or
				issues of particular concern in a subwatershed, watershed or watershed
				management area, as indicated in the Integrated Water Quality Monitoring and
				Assessment Report, or a characterization and assessment of water quality and
				water quantity report prepared by or for the Department, or other
				Department-approved sources of assessment;
5. Watershed management activities conducted
				in partnership with other watershed management groups or other entities or
				interests other than those participating in the applicant's watershed
				management group;
6. Monitoring
				and/or modeling activities designed to support the development, implementation
				and assessment of TMDLs for waterbodies listed on the most recently approved
				303(d) List;
7. Watershed
				management activities to be conducted for an entire watershed management area
				or areas; and
8. Development of
				watershed or subwatershed management strategies.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 6 - WATERSHED MANAGEMENT GRANTS › Section 7:15-6.4 - Application procedures for grants for watershed management activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any recognized watershed management group
				may submit an application to the Department for a watershed management
				grant.
(b) The watershed management
				group should submit an application pertaining to watershed management
				activities for which the watershed management group has a high probability of
				success. Factors for consideration include the extent to which available
				resources (personnel and fiscal) are sufficient for complete and successful
				implementation of the activities and achievement of the stated
				objectives.
(c) The applicant shall
				submit the information identified in the notice of availability published
				annually by the Department, in accordance with
7:15-6.2
. In order to be
				considered for a grant, the information shall be submitted by the application
				deadline specified in the notice of availability.
(d) Grant applications shall provide, at a
				minimum, the following information, as specified in the notice of availability:
1. Proof that the applicant has been
				recognized as a watershed management group in accordance with
7:15-6.3(b)
;
2. A description of the watershed or
				watersheds in which the activity is to be conducted, including a map as
				appropriate;
3. A scope of work
				that includes an executive summary, a description of the proposed watershed
				management activities, environmental objectives and measures (as appropriate),
				a budget, and a schedule for completion;
4. A description of how the proposed
				activities correspond to and will achieve the goals and objectives of this
				chapter and conformance with the priorities defined in the annual Project
				Priority System or
7:15-6.2
;
5. A description of any proposed
				environmental monitoring, including evaluation criteria, environmental
				indicators, and an approved quality assurance/quality control plan, as
				applicable;
6. Identification of
				the source and availability of any additional supplementary funds, in the form
				of cash, in-kind services or both, to be used with this grant to implement the
				proposed watershed management activity;
7. Identification of all personnel and
				consultant(s) who will be performing the activity and a description of their
				experience and expertise in the proposed watershed management
				activity;
8. Evidence that the
				PAC(s) of the watershed management areas within which the proposal is located
				were provided an opportunity to comment on the proposal, including a copy of
				the PAC's response; and
9. Any
				additional information as specified in the notice of availability.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 6 - WATERSHED MANAGEMENT GRANTS › Section 7:15-6.6 - Administration and performance of grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall release funds to the
				grant recipient in accordance with the terms of the grant agreement. Upon
				execution of the grant agreement, up to 60 percent of the grant award may be
				released. If the grant agreement is for a multiple-year project, up to 60
				percent of the funds budgeted for each year may be released at the beginning of
				each contract year.
(b) After the
				initial release of funds, any subsequent release of State funds is conditioned
				upon the submittal of properly documented expenditure reports and final
				deliverables.
(c) As the grant
				recipient, the watershed management group has sole responsibility for the
				administration and success of the grant project, including any work performed
				on behalf of the grant recipient for accomplishing grant objectives. Watershed
				management groups are encouraged to seek the advice and opinion of the
				Department on problems that may arise; however, such advice shall not shift the
				responsibility for final decisions from the recipient to the Department. The
				watershed management group shall be solely responsible for the use of the grant
				funds awarded pursuant to this subchapter in conformance with applicable State
				requirements to achieve grant and program objectives and to ensure the most
				efficient use of public funds.
(d)
				The grant recipient shall supply performance reports to the Department within
				the time period specified in the grant agreement.
(e) The grant recipient shall supply
				expenditure reports to the Department within the time period specified in the
				grant agreement.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 6 - WATERSHED MANAGEMENT GRANTS › Section 7:15-6.7 - Project changes: amendment of grant agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The grant recipient shall promptly notify
				the Department in writing (certified mail, return receipt requested) of any
				event or proposed change which may require an amendment of the grant agreement,
				including the following:
1. A significant
				change in budgeting cost or in scope of work;
2. A significant change in the scheduled
				project completion date;
3. A
				significant changed conditions at the project site;
4. A change in the schedule in the time for
				performance of the project or any major phase thereof;
5. A change in personnel responsible for
				grant and subsequent project implementation; and
6. A change in approved technical plans or
				specifications for the project.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 6 - WATERSHED MANAGEMENT GRANTS › Section 7:15-6.8 - Noncompliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the grant
				recipient does not comply with the terms and conditions of the grant agreement,
				the Department may:
1. Issue written notice
				identifying the deficiency (for example, failure to submit timely performance
				reports) and directing the grant recipient to correct the deficiency;
2. Meet with the grant recipient to review
				the terms and conditions of the grant agreement and amend the grant as
				necessary;
3. Demand reimbursement
				of any advance payment(s) and/or withhold scheduled payments under the grant
				agreement;
4. Rescind the grant
				agreement by issuance of a notice of termination of grant award; or
5. Award the grant to another watershed
				management group to perform the previously approved scope of work.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 8 - WITHDRAWAL AND REDESIGNATION OF WASTEWATER SERVICE AREAS › Section 7:15-8.1 - Withdrawal of wastewater service area designations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided in (b) and (d) below, wastewater service area designations shall be
				withdrawn in areas which fail to adopt and maintain a wastewater management
				plan in accordance with the requirements of
				7:15-5.2(b), 5.13
				and 5.23. Withdrawal of wastewater service area designations under this
				subsection shall not impact areas where sewers are physically installed and
				wastewater generating structures are lawfully connected to the collection and
				treatment system at the time of withdrawal.
(b) Wastewater service area designations for
				the following are not withdrawn under (a) above:
1. Projects involving the lateral connection
				of an infill area to an existing public sewer line, where sanitary or combined
				sewer infrastructure lawfully exists in the right-of-way adjoining the lot or
				lots such that a connection can be made without crossing any property lines
				other than that of the lot to be served and where such connection does not
				require the extension of a collection system. The sewer line, lots, and
				improvements on the lots must exist on the date that wastewater service area
				was withdrawn;
2. Except as
				provided in (d) below, projects that have received, prior to the effective date
				of the wastewater service area withdrawal, both a local preliminary or final
				site plan approval or subdivision approval where subsequent site plan approval
				is not required under the Municipal Land Use Law,
				40:55D-1 et seq., (MLUL) or a
				municipal construction permit; and a Department TWA or NJPDES permit, if one is
				required, until such time as one of those qualifying approvals
				expires;
3. Projects that have
				received a site specific WQM plan amendment or revision adopted prior to the
				date of wastewater service area withdrawal remain valid for a period of six
				years from the date of adoption of the amendment or revision; and
4. Projects that require an industrial
				treatment works that does not handle process wastewater or sanitary
				sewage.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 9 - WATERSHED MANAGEMENT GRANTS › Section 7:15-9.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of
				this subchapter is to set forth the rules governing grants from the Watershed
				Management Fund to assist watershed management groups in the funding of
				watershed management activities in accordance with the Watershed Protection and
				Management Act of 1997,
				58:29-1 et seq. This subchapter
				establishes policies and procedures for the award and distribution of Watershed
				Management Fund monies.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 9 - WATERSHED MANAGEMENT GRANTS › Section 7:15-9.2 - Project Priority System and Project Priority Award List

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each year the
				Department shall develop a Project Priority System that establishes the project
				category priorities for watershed management grants for that year.
(b) The Department shall publish a notice of
				availability of watershed management grants in the New Jersey Register,
				identifying the Project Priority System, application requirements, and deadline
				for submittal of applications. This notice shall additionally be posted on the
				Division of Watershed Management's web site (
www.state.nj.us/dep/watershedmgt
).
(c) Unless otherwise specified in the notice
				of availability, the Department shall, in general, give priority to the
				following watershed management activities:
1.
				The initial establishment of watershed associations and/or stakeholder groups
				to support watershed management planning activities;
2. Watershed management activities identified
				as a priority action in a adopted Watershed Management Area (WMA)
				Plan;
3. Watershed management
				activities identified by a PAC as a priority action prior to adoption of a WMA
				Plan;
4. Watershed management
				activities that are designed to address documented water resource problems or
				issues of particular concern in a subwatershed, watershed or watershed
				management area, as indicated in the Statewide Water Quality Inventory Report
				prepared by the Department pursuant to Section 305(b) of the Federal Clean
				Water Act (
				33 U.S.C. §
											1315(b) ), or a
				characterization and assessment of water quality and water quantity report
				prepared by or for the Department, or other Department-approved sources of
				assessment;
5. Watershed management
				activities conducted in partnership with other watershed management groups or
				other entities or interests other than those participating in the applicant's
				watershed management group;
6.
				Monitoring and/or modeling activities designed to support the development,
				implementation and assessment of TMDLs for waterbodies listed on the most
				recently approved Water Quality Limited Segments (WQLS) List;
7. Watershed management activities to be
				conducted for an entire watershed management area or areas; and
8. Development of watershed or subwatershed
				management strategies.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 9 - WATERSHED MANAGEMENT GRANTS › Section 7:15-9.4 - Application procedures for grants for watershed management activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any recognized
				watershed management group may submit an application to the Department for a
				watershed management grant.
(b) The
				watershed management group should submit an application pertaining to watershed
				management activities for which the watershed management group has a high
				probability of success. Factors for consideration include the extent to which
				available resources (personnel and fiscal) are sufficient for complete and
				successful implementation of the activities and achievement of the stated
				objectives.
(c) The applicant shall
				submit the information identified in the notice of availability published
				annually by the Department, in accordance with
				7:15-9.2. In order to be considered
				for a grant, the information shall be submitted by the application deadline
				specified in the notice of availability.
(d) Grant applications shall provide, at a
				minimum, the following information, as specified in the notice of availability:
1. Proof that the applicant has been
				recognized as a watershed management group in accordance with
				7:15-9.3(b);
2. A description of the watershed or
				watersheds in which the activity is to be conducted, including a map as
				appropriate;
3. A scope of work
				that includes an executive summary, a description of the proposed watershed
				management activities, environmental objectives and measures (as appropriate),
				a budget, and a schedule for completion;
4. A description of how the proposed
				activities correspond to and will achieve the goals and objectives of this
				chapter and conformance with the priorities defined in the annual Project
				Priority System or
				7:15-9.2;
5. A description of any proposed
				environmental monitoring, including evaluation criteria, environmental
				indicators, and an approved quality assurance/quality control plan, as
				applicable;
6. Identification of
				the source and availability of any additional supplementary funds, in the form
				of cash, in-kind services or both, to be used with this grant to implement the
				proposed watershed management activity;
7. Identification of all personnel and
				consultant(s) who will be performing the activity and a description of their
				experience and expertise in the proposed watershed management
				activity;
8. Evidence that the
				PAC(s) of the watershed management areas within which the proposal is located
				were provided an opportunity to comment on the proposal, including a copy of
				the PAC's response; and
9. Any
				additional information as specified in the notice of availability.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 9 - WATERSHED MANAGEMENT GRANTS › Section 7:15-9.6 - Administration and performance of grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall release funds to the grant recipient in accordance with the terms of the
				grant agreement. Upon execution of the grant agreement, up to 60 percent of the
				grant award may be released. If the grant agreement is for a multiple-year
				project, up to 60 percent of the funds budgeted for each year may be released
				at the beginning of each contract year.
(b) After the initial release of funds, any
				subsequent release of State funds is conditioned upon the submittal of properly
				documented expenditure reports and final deliverables.
(c) As the grant recipient, the watershed
				management group has sole responsibility for the administration and success of
				the grant project, including any work performed on behalf of the grant
				recipient for accomplishing grant objectives. Watershed management groups are
				encouraged to seek the advice and opinion of the Department on problems that
				may arise; however, such advice shall not shift the responsibility for final
				decisions from the recipient to the Department. The watershed management group
				shall be solely responsible for the use of the grant funds awarded pursuant to
				this subchapter in conformance with applicable State requirements to achieve
				grant and program objectives and to ensure the most efficient use of public
				funds.
(d) The grant recipient
				shall supply performance reports to the Department within the time period
				specified in the grant agreement.
(e) The grant recipient shall supply
				expenditure reports to the Department within the time period specified in the
				grant agreement.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 9 - WATERSHED MANAGEMENT GRANTS › Section 7:15-9.7 - Project changes: amendment of grant agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The grant
				recipient shall promptly notify the Department in writing (certified mail,
				return receipt requested) of any event or proposed change which may require an
				amendment of the grant agreement, including the following:
1. A significant change in budgeting cost or
				in scope of work;
2. A significant
				change in the scheduled project completion date;
3. A significant changed conditions at the
				project site;
4. A change in the
				schedule in the time for performance of the project or any major phase
				thereof;
5. A change in personnel
				responsible for grant and subsequent project implementation; and
6. A change in approved technical plans or
				specifications for the project.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 9 - WATERSHED MANAGEMENT GRANTS › Section 7:15-9.8 - Noncompliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the grant
				recipient does not comply with the terms and conditions of the grant agreement,
				the Department may:
1. Issue written notice
				identifying the deficiency (for example, failure to submit timely performance
				reports) and directing the grant recipient to correct the deficiency;
2. Meet with the grant recipient to review
				the terms and conditions of the grant agreement and amend the grant as
				necessary;
3. Demand reimbursement
				of any advance payment(s) and/or withhold scheduled payments under the grant
				agreement;
4. Rescind the grant
				agreement by issuance of a notice of termination of grant award; or
5. Award the grant to another watershed
				management group to perform the previously approved scope of work.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 7:18-1.1 - Scope and authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				constitutes the Department's regulations governing certification of
				laboratories performing sample analyses for compliance with any of the statutes
				listed in (c) below, with any regulations or orders issued pursuant to those
				statutes, or with the Contract Laboratory Program.
(b) This chapter establishes the procedures
				for obtaining and maintaining certifications, and the criteria and procedures
				that certified environmental laboratories shall follow in handling, preserving,
				and analyzing regulatory samples, and in collecting samples for acute toxicity
				testing.
(c) This chapter is
				adopted pursuant to the following statutes:
1. The Safe Drinking Water Act,
				58:12A-1 et seq.;
2. The Water Pollution Control Act,
				58:10A-1 et seq.;
3. The portion of the Radiation Protection
				Act governing radon and radon progeny,
				26:2D-70 et seq.;
4. The Solid Waste Management Act,
				13:1E-1 et seq.;
5. The Industrial Site Recovery Act,
				13:1K-6 et seq.;
6. The Spill Compensation and Control Act,
				N.J.S.A. 58:10-23.1 1 et seq.;
7.
				The Private Well Testing Act,
				58:12A-26 et seq.; and
8. The Air Pollution Control Act,
				26:2C-1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 7:18-1.2 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
These rules shall be liberally construed to permit the
				  Department to discharge its statutory functions and to effectuate the purposes
				  of the laboratory certification program.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 7:18-1.3 - Purposes of the regulations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter is
				promulgated for the following purposes:
1. To
				establish a certification program for laboratories performing environmental
				analyses, and to confine a laboratory's scope of certification to the specific
				parameters, techniques, method references, and corresponding approved methods
				as shown on the certified environmental laboratory's annual certified parameter
				list;
2. To establish the
				administrative procedures to be followed by certified environmental
				laboratories, and by laboratories seeking to become certified environmental
				laboratories;
3. To require that
				certification status be contingent upon continued compliance with the standards
				of performance set forth herein, including, but not limited to, standards
				pertaining to facility conditions, equipment and supplies, personnel, quality
				assurance and quality control, data reporting and data maintenance;
				and
4. To establish the enforcement
				procedures that the Department shall follow to ensure that a certified
				environmental laboratory is in compliance with this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 7:18-1.4 - Certification program requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A laboratory
				may request certification in the New Jersey Environmental Laboratory
				Certification Program (NJ-ELCP) pursuant to
N.J.A.C. 7:18
or
				accreditation in the New Jersey National Environmental Laboratory Accreditation
				Program (NJ-NELAP) pursuant to the TNI Standards, incorporated herein by
				reference at
7:18-1.5(d)
.
1. A laboratory shall not apply
				for or maintain simultaneous certification in the NJ-ELCP and
				NJ-NELAP.
2. A laboratory that has
				obtained NJ-NELAP accreditation pursuant to the TNI Standards shall comply with
				all sampling, enforcement, and data submittal requirements as established by
N.J.A.C. 7:18
pursuant to the statutes specified at
7:18-1.1(c)
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 7:18-1.5 - Incorporation by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				regulations promulgated by the USEPA, together with all amendments and
				supplements, are incorporated by reference into this chapter:
1. The "National Primary and Secondary
				Drinking Water Regulations," 40 CFR 141 and 40 CFR 143;
2. The "Guidelines Establishing Test
				Procedures for the Analysis of Pollutants," 40 CFR 136; and
3. The methods listed in Subchapter 1, Solid
				Waste, 40 CFR 260, 261;
4. The
				methods for the analysis of airborne emissions, listed in 40 CFR Part 51,
				Appendix M; Part 60, Appendix A; Part 61, Appendix B; and Part 63, Appendix A;
				and
5. The Compendium of Methods
				for the Determination of Toxic Organic Compounds in Ambient Air (EPA document
				EPA/625/R-96/010b).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 7:18-1.6 - Program information; notices; submittals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless
				otherwise specified, any questions concerning the requirements of this chapter
				should be directed to the Department's Office of Quality Assurance at (609)
				292-3950. Written inquiries can be directed to the following address:
New Jersey Department of Environmental Protection
Office of Quality Assurance
PO Box 420, Mail Code 401-02D
Trenton, NJ 08625-0420
(b) Unless otherwise specified, any
				submittals of PT sample results, submittals of documents, notices, or other
				communications required to be made to the Department under this chapter shall
				be made to the address specified in (a) above. Applications for certification
				and for renewals and modifications of certifications shall be submitted to the
				address specified in (a) above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 7:18-1.8 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any portion of this chapter is adjudged unconstitutional
				  or invalid by a court of competent jurisdiction, the remainder of this chapter
				  shall not be affected by that adjudication.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 7:18-1.9 - Signatories

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In each
				application for an initial certification, renewal certification or modification
				of a certification, the applicant shall include the following certification,
				signed by the individual specified in (b) below:
1. "I certify under penalty of law that I
				have personally examined and am familiar with the information submitted in this
				application and all attached documents, and that based on my inquiry of those
				individuals immediately responsible for obtaining information, I believe that
				the submitted information is true, accurate, and complete. I am aware that
				there are significant civil and criminal penalties, including the possibility
				of a fine or imprisonment or both, for submitting false, inaccurate, or
				incomplete information."
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 2 - PROGRAM PROCEDURES AND REQUIREMENTS › Section 7:18-2.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				establishes the following:
1. The procedure
				for becoming a certified environmental laboratory;
2. Requirements that a laboratory must meet
				to become a certified environmental laboratory;
3. The categories of analysis for which
				certification is available;
4. The
				procedure for a certified environmental laboratory to renew or modify its
				certification;
5. Procedures for
				cancellation, suspension, and revocation of certification;
6. The procedures to apply for approval of
				alternate test procedures; and
7.
				Fees for certification.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 2 - PROGRAM PROCEDURES AND REQUIREMENTS › Section 7:18-2.2 - General prohibitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No laboratory
				other than a certified environmental laboratory shall analyze samples for the
				purpose of establishing compliance with any regulatory program.
(b) A certified environmental laboratory
				shall use only the methods listed on its Annual Certified Parameter List when
				analyzing samples for the purpose of establishing compliance with any
				regulatory program.
(c) Only a
				certified environmental laboratory may use the name "certified environmental
				laboratory" or any other name that is reasonably likely to lead the public to
				believe that a laboratory or other person is a certified environmental
				laboratory. Any laboratory or other person who is not a certified environmental
				laboratory shall not make an oral or written statement intended to mislead the
				public into believing that the laboratory or other person is a certified
				environmental laboratory.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 2 - PROGRAM PROCEDURES AND REQUIREMENTS › Section 7:18-2.3 - Overview of the certification process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A laboratory is
				eligible to become a certified environmental laboratory only if it completes
				the application requirements at
				7:18-2.5, and demonstrates through
				the process set forth within this subchapter that it complies with the
				requirements in
				7:18-2.6(a).
(b) If the Department determines that an
				applicant satisfies the requirements of (a) above, the Department shall issue
				the applicant a certificate and an Annual Certified Parameter List (ACLP)
				showing the parameters, techniques, method references, and corresponding
				methods for which the applicant is certified.
(c) The Department's annual certification
				period begins on July 1 of each year, and ends on the following June 30. A
				certification and an Annual Certified Parameter List expire at the end of the
				annual certification period for which they are issued, unless they are renewed
				in accordance with
				7:18-2.7. The Annual Certified
				Parameter List shall indicate the certification period for which it is
				valid.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 2 - PROGRAM PROCEDURES AND REQUIREMENTS › Section 7:18-2.4 - Categories for certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant
				shall apply for certification to perform methods for use in one or more of the
				following regulatory programs:
1. Drinking
				Water Program, including testing and/or sampling conducted for conformance with
				the PWTA;
2. Water Pollution
				Program;
3. Radon/Radon
				Progeny-in-Air Program;
4.
				Solid/Hazardous Waste Programs;
5.
				CERCLA (CLP) Program; and
6. Clean
				Air Program.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 2 - PROGRAM PROCEDURES AND REQUIREMENTS › Section 7:18-2.5 - Procedure for initial application of a laboratory seeking certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A laboratory seeking initial
				certification for one or more parameters in any category listed in
7:18-2.4(c)
through (h) shall submit an application to the Department, at the
				address listed in
7:18-1.6(a)
.
(b) The applicant shall
				complete the application form supplied by the Department, including the
				following:
1. The name of the
				applicant;
2. The mailing address
				and, if different, street address and municipality of laboratory
				location;
3. The hours of
				operation;
4. The areas in which
				certification is sought;
i. Regulatory
				programs;
ii. Categories;
iii.Parameters;
iv. Techniques; and
v. Method references and specific method
				numbers. A laboratory shall select only one or more method reference and
				corresponding method when multiple method references for a given technique are
				included in the DSAMs;
5. The type of environmental laboratory,
				identified by code listed on the application form;
6. The names of the following individuals:
i. The applicant's owner;
ii. The individual designated as the manager
				pursuant to
				7:18-2.10(a)1;
				and
iii. All supervisors designated
				pursuant to
				7:18-2.10(a)2;
7. A description of the education
				and experience of the following individuals, and academic transcripts for each
				such individual:
i. The manager, if
				responsible for technical functions;
ii. All supervisors; and
iii. Other laboratory technical
				staff;
8. If the
				applicant has participated in any Department-authorized proficiency testing
				study during the 12 months immediately preceding the application, the applicant
				may submit the results of such proficiency testing for any parameters for which
				the applicant is seeking certification;
9. The certification required under
				7:18-1.9(a)1,
				signed by the individual required under
				7:18-1.9(b);
10. If the laboratory is applying for
				certification in any of the categories listed in
				7:18-5.1(a)  for
				which published MDLs are available, MDL data for such methods;
11. Any other information included on the
				form, which is reasonably necessary to enable the Department to determine
				whether the applicant should be certified; and
12. The appropriate fees, pursuant to
				7:18-2.9, in the form of a check
				payable to "Treasurer, State of New Jersey."
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 2 - PROGRAM PROCEDURES AND REQUIREMENTS › Section 7:18-2.6 - Conditions for the granting of certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To
				be eligible for certification, an applicant shall satisfy all of the
				requirements listed in (a)1 through 8 below:
1. The applicant has submitted a complete
				application meeting the requirements of
				7:18-2.5(b),
				including the fees required under
				7:18-2.9;
2. The applicant is capable of providing
				accurate, precise and reliable data in accordance with the mandates of State
				and Federal law and regulation;
3.
				The applicant possesses facilities, instruments, and equipment that meet the
				technical specifications required by the analytical methods, and that are
				properly maintained and operated;
4. The applicant's staff has the formal
				education, training and experience required under
				7:18-2.10;
5. The applicant satisfies all applicable
				proficiency testing requirements under
7:18-2.13
, including, but
				not limited to, acceptably analyzing any and all PT samples for each parameter
				within each category for which certification is sought;
6. The applicant satisfies the requirements
				for on-site audits under
7:18-2.14
,
				including, but not limited to, the requirement to correct deficiencies
				identified by the Department in the on-site audit. If the applicant is seeking
				certification for radiochemistry: radioactivity and radionuclide testing,
				radon, and radon/radon progeny in air, and the Department is unable to schedule
				an on-site audit within 90 days after receiving an administratively complete
				application, the Department may grant temporary approval to a laboratory to
				analyze radiochemical samples, excluding radon/radon progeny-in-air, until the
				Department performs the on-site audit. If the Department grants temporary
				approval, the applicant shall continue to participate in an approved
				proficiency testing program and acceptably analyze the program's
				samples;
7. The applicant completes
				its analysis of PT samples and all other requirements for certification within
				the time specified by the Department; and
8. The applicant complies with all other
				requirements of this chapter relevant to certification, and demonstrates that
				it is capable of complying with the relevant technical standards of performance
				found in N.J.A.C. 7:18-3 through 9.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS › Subchapter 2 - PROGRAM PROCEDURES AND REQUIREMENTS › Section 7:18-2.7 - Procedures for renewal of certification status for a certified environmental laboratory

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each certified
				environmental laboratory and each laboratory holding temporary approval shall
				follow the following procedure to renew its certification every certification
				year:
1. The laboratory shall obtain a
				renewal application form from the Department.
2. The laboratory shall review the
				information provided by the Department on the renewal application form. On the
				form, the laboratory shall correct any inaccurate or incomplete information,
				advise the Department of any changes in personnel or equipment, and indicate
				any desired modifications.
3. The
				laboratory shall submit the renewal application to the Department at the
				address listed in
				7:18-1.6(a). When
				submitting the renewal application, the laboratory shall include the renewal
				application form provided by the Department, the fees required under
				7:18-2.9, and the certification
				required under
				7:18-1.9.
4. The laboratory shall submit the renewal
				application with the required fees by March 31 of each year. However, if the
				Department has not made the renewal application forms available by March 1, the
				deadline for submitting the renewal application shall be extended by one day
				for each day beyond March 1 that the forms are unavailable. For example, if the
				Department does not make the forms available until March 15, the deadline for
				submitting the renewal application shall be April 14.
5. A laboratory may submit a late renewal
				application after the deadline established under (a)4 above. However, if a late
				renewal application is submitted, the renewal may not be completed before the
				June 30 expiration date of the certification or temporary approval.