N.J. Admin. Code § 7:1G-1.2
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, N.J.S.A. 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 N.J.S.A. 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 (N.J.S.A. 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 N.J.S.A. 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.
N.J. Admin. Code § 7:1G-1.2
See: 16 N.J.R. 1854(a), 16 N.J.R. 2530(a).
Substantially amended.
Amended by R.1993 d.386, effective 8/2/1993.
See: 25 N.J.R. 858(a), 25 N.J.R. 3537(a).
Amended by R.1994 d.3, effective 1/3/1994.
See: 25 N.J.R. 1631(a), 26 N.J.R. 200(a).
Administrative Correction.
See: 26 N.J.R. 1337(a).
Amended by R.1994 d.349, effective 7/18/1994.
See: 26 N.J.R. 123(a), 26 N.J.R. 2930(a).
Special amendment, R.2004 d.7, effective 12/4/2003 (to expire August 15, 2004).
See: 36 N.J.R. 212(a).
Rewrote "Employer".
Administrative correction.
See: 36 N.J.R. 2762(b).
Adopted concurrent amendment, R.2004 d.328, effective 7/29/2004, changes effective 9/7/2004.
See: 36 N.J.R. 212(a), 36 N.J.R. 4121(a).
Rewrote "Employer".
Amended by R.2005 d.27, effective 1/18/2005.
See: 36 N.J.R. 3376(a), 37 N.J.R. 275(a).
Added "Input", "Output", and "Unstaffed site".
Amended by R.2006 d.167, effective 5/1/2006.
See: 37 N.J.R. 3896(a), 38 N.J.R. 1829(a).
In the table in the definition of "Employer", inserted codes 488510, concerning freight transportation arrangement, 488991, concerning packing and crating, 488999, concerning all other support activities for transportation, and 517211, concerning paging.
Administrative change.
See: 40 N.J.R. 619(a).
Administrative change.
See: 45 N.J.R. 2476(a).
Notice of readoption with technical change.
See: 45 N.J.R. 2599(a).