New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 49 - TRANSPORTATION OF HAZARDOUS MATERIALS › Subchapter 3 - GENERAL REQUIREMENTS › Section 16:49-3.1 - Requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Person(s) that
				do not comply with the requirements of this chapter shall not transport
				hazardous materials, offer hazardous materials for transport, or accept
				hazardous materials for transport.
(b) No person shall, by marking or otherwise,
				represent that a container or package for the transportation of hazardous
				materials is safe, certified, or in compliance with the requirements of the New
				Jersey Department of Transportation unless such container or package meets the
				requirements of this chapter.
(c)
				Subject to review, the Department will recognize an exemption or special
				permit, or renewal thereof, issued by the United States Department of
				Transportation pursuant to 49 CFR Part 107, Subpart B. Any person operating
				under a current, valid special permit or exemption, or renewal thereof, issued
				pursuant to 49 CFR Part 107, Subpart B will be deemed to be in compliance with
				those portions of these rules to which the exemption applies, provided that the
				person is complying with the terms of the exemption.
(d) Intrastate carriers and shippers desiring
				exemptions shall be subject to the same rules and procedures required of
				interstate carriers and shippers. See 49 CFR Part 107, Subpart B. See also (i)
				below.
(e) Whenever the term
				"interstate" is used in the Federal regulations adopted and incorporated by
				reference herein it shall, for the purpose of these regulations, mean and
				include both "interstate" and "intrastate" transportation in commerce, except
				where stated otherwise.
(f) This
				chapter establishes minimum standards that must be complied with in conjunction
				with the transportation of hazardous materials. Therefore, in the event of a
				conflict between this chapter and any other State rule, the stricter, more
				stringent standard shall apply and govern. This chapter is intended to
				complement, and not to limit, those related statutory and regulatory provisions
				of the New Jersey Department of Environmental Protection, the New Jersey Motor
				Vehicle Commission and the New Jersey State Police, regarding hazardous wastes,
				radioactive materials, spill compensation and control.
(g) If any provision or clause of this
				chapter is held invalid to any person or circumstance, such invalidity shall
				not affect other provisions or applications of the rule, which can be given
				effect without the invalid provision or application. To this end the provisions
				of this rule are declared to be severable.
(h) For intrastate movements only, this
				chapter or any portion or portions thereof may be waived by the Department if,
				after consideration of the facts involved, it is determined that a particular
				situation warrants such waiver. Application shall be made in writing to the
				Commissioner before the subject materials are offered for transportation. The
				written application shall set forth the full circumstances and facts of the
				case. The applicant(s) shall not have the right to a hearing. Waivers shall
				only be granted in cases of unique circumstances or hardship.