Current through Register Vol. 56, No. 24, December 18, 2024
(a) Every employer
under the scope of this subchapter who plans to perform asbestos work in New
Jersey shall submit a written notification of intent to perform asbestos work
at least 10 calendar days prior to beginning such work on forms specified by
the Department of Health, except where such work is exempted at
N.J.A.C.
12:120-1.4(b) (8:60-1.4(b)).
1. The date of submission of the notice is
determined to be the date as postmarked by the United States Postal Service on
the transmittal envelope.
2. If the
postmark is not legible, or if metered mail is used, the date of submission of
the notice is determined to be the date of receipt by either the Commissioner
of Labor and Workforce Development or Health and Senior Services.
3. If an earlier mailing date is established
by proof of mailing with a recognized United States Postal Service receipt, the
date of submission of the notice is determined to be the established
date.
4. The pick-up date of a
recognized overnight delivery or courier service shall be deemed equivalent to
a United States Postal Service postmark.
5. Facsimile transmissions of written
notifications of intent to perform asbestos work are only accepted as
submissions where emergency circumstances are warranted pursuant to this
subchapter.
(b) The
written notification required by (a) above shall include:
1. The name, address, and telephone number of
the licensee;
2. The license number
and type of license held by the licensee;
3. The name and address of the owner of the
facility;
4. The location and
description of the facility;
5. A
description of the asbestos work to be performed;
6. The starting and scheduled completion
dates of the asbestos work;
7. The
name and address of the waste disposal site where the asbestos-containing
material will be disposed;
8. The
name, address and New Jersey Waste Hauler identification number of the
registered waste hauler;
9. A $
200.00 non-refundable fee (certified check or money order made payable to the
Commissioner of Labor and Workforce Development); and
10. Any other relevant information that the
Commissioner of Labor and Workforce Development or the Commissioner of Health,
as the case may be, determines to be necessary.
(c) Amended written notifications shall be
submitted in accordance with and pursuant to N.J.A.C.
12:120-7.2(a) and (b) and 8:60-7.2(a) and (b). Amended notifications
to the Commissioner of Labor and Workforce Development and the Commissioner of
Health are required when:
1. The starting
date is delayed beyond the scheduled completion date as submitted on the
initial notification;
2. The
scheduled completion date will extend beyond the scheduled completion date as
submitted on the initial notification:
3. The scope or description of the asbestos
work to be performed for the facility changes; or
4. Any other items as required pursuant to
N.J.A.C.
12:120-7.2(b) and
8:60-7.2(b) that
may change.
(d) The
Commissioner of Labor and Workforce Development or the Commissioner of Health,
as the case may be, may allow less than 10 calendar days prior notification
where emergency circumstances warrant less than a 10-calendar-day-prior
notification.
1. Where emergency
circumstances warrant less than a 10-calendar-day-prior notification, an
employer shall still be required to adhere to the remaining requirements of
N.J.A.C. 12:120-7.2(a) and (b) and 8:60-7.2(a) and (b) when it
plans to perform asbestos work in New Jersey.
2. To enable the Commissioner of Labor and
Workforce Development or the Commissioner of Health to determine whether a
waiver of the 10-calendar-day-prior notification may be granted, the notifying
party shall:
i. Submit a written explanation
from the facility owner or from the third-party environmental engineer
representing the facility owner to both the Commissioner of Labor and Workforce
Development and the Commissioner of Health which details:
(1) The unexpected situation or sudden
occurrence of a serious and urgent nature that demands immediate action;
and
(2) The impact upon the
facility owner should a waiver of the 10-calendar-day-prior notification not be
granted.
ii. By
facsimile transmission or express delivery, submit a written notice for the
emergency circumstance pursuant to
N.J.A.C.
12:120-7.2(b) and
8:60-7.2(b).
3. A request for a waiver of the
10 calendar days prior notification may be reviewed for approval by the
Commissioner of Labor and Workforce Development or Health when received by
facsimile transmission or express delivery. Only after the Commissioner of
Labor and Workforce Development or Health has determined and has authorized
that the emergency circumstance warrants a waiver, may the asbestos work
proceed as notified.
(e)
Written notifications required pursuant to this subchapter shall be submitted
to:
New Jersey Department of Labor and Workforce
Development
Asbestos Control and Licensing Section
1 John Fitch Plaza, 3rd Floor
PO Box 392
Trenton, NJ 08625-0392 and
New Jersey Department of Health
Consumer, Environmental and Occupational Health
Service
PO Box 369
Trenton, NJ 08625-0369
