Current through Register Vol. 56, No. 18, September 16, 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 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
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
