New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 1 - TRAFFIC CONTROL ON, AND USE OF, NEW JERSEY TURNPIKE AUTHORITY PROPERTY › Section 19:9-1.15 - Transportation of hazardous materials

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  transportation or shipment on the Roadway of any hazardous materials, as
				  defined in Part 172 of the regulations of the United States Department of
				  Transportation ( 49 CFR 172 ), shall be subject to the requirements of parts
				  171 to 178 inclusive of such regulations ( 49 CFR 171 to 178 ) governing the
				  preparation of the materials for transportation, construction of containers,
				  packing, weighing, marking, labeling, billing and certification of such
				  materials.
(b) The transportation
				  or shipment on the Roadway of radioactive materials or devices, and
				  transportation of Division 1.1, 1.2, 1.3 and 1.4 explosives, as defined in Part
				  173 of the regulations of the United States Department of Transportation ( 49
				  CFR 173 ), shall be subject to the prior written approval of the Authority. All
				  applications for such approval shall be made in writing addressed to the
				  Director of Operations and shall provide, to the satisfaction of the Authority,
				  that the shipment shall comply in all respects with the provisions of parts 171
				  to 178 and 397 inclusive of such regulations ( 49 CFR 171- 178, 397 ). The fee
				  for processing the application for such approval shall be $ 50.00. All
				  approvals granted shall be subject to annual renewal.
(c) The Authority reserves the right to
				  withhold the approval required in (b) above, and to prohibit entry to the
				  Roadway of any carrier of any hazardous materials, despite compliance with the
				  aforementioned regulations of the United States Department of Transportation or
				  any other pertinent regulations or law, if in the Authority's opinion, the
				  transportation or shipment will be likely to endanger life or
				  property.
(d) No person shall
				  transport gasoline or other flammable liquids in containers in private
				  vehicles. Commercial vehicles carrying flammable liquids shall be appropriately
				  placarded in accordance with
				  49 CFR
				  172.500. In addition, all packages
				  transported and carrying the same shall be labeled in accordance with
				  49 CFR
				  172.400.
(e) Any operator, owner or lessee of a
				  vehicle on the Roadway which contains any hazardous material shall be subject
				  to all provisions and penalties hereunder, in addition to any provisions of the
				  United States Code, the New Jersey Statutes and the New Jersey Administrative
				  Code.
(f) In the event of a
				  discharge of hazardous materials on the Roadway, all remedial efforts shall be
				  conducted in compliance with this chapter and under the supervision of the
				  Authority, the State Police, and/or the Department of Environmental Protection.
1. Unless contrary to the rules of the New
				  Jersey Department of Environmental Protection or unless it would create an
				  unsafe condition to the operator, the general public or the Roadway, the
				  operator, owner or lessee of the vehicle may be afforded the opportunity to
				  contain and remove, where practicable, discharged hazardous material using
				  personnel, materials and equipment:
i. Aboard
				  the vehicle from which the discharge occurred;
ii. By another vehicle owned or leased by the
				  operator, owner or lessee of the vehicle from which the discharge
				  occurred;
iii. By a specialized
				  response team operated by the manufacturer or distributor of the hazardous
				  material that has been discharged ("manufacturers' response team");
				  or
iv. By third parties contracted
				  to contain, clean up, and/or dispose of the discharge ("emergency response
				  contractor") by the operator, owner or lessee of the vehicle specifically for
				  the purpose of remediating hazardous materials discharges from the operator's
				  vehicle.