New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM
Subchapter 1 - GENERAL PROVISIONS
Section 7:31-1.9 - Prohibitions

Universal Citation: NJ Admin Code 7:31-1.9

Current through Register Vol. 56, No. 18, September 16, 2024

(a) No owner or operator of a covered process shall handle, use, manufacture, generate or store an EHS, except in a manner which complies with the TCPA, this chapter, and the approved risk management program.

(b) No owner or operator of a facility for which there is no previously approved risk management program shall construct a new covered process or utilize an existing process for a new EHS service unless the owner or operator has complied with N.J.A.C. 7:31-3.4 (Program 2) or 7:31-4.11 (Program 3).

1. As of March 16, 2010, no owner or operator of a facility for which there is no previously approved risk management program shall construct a new covered process or utilize an existing process for a new EHS service unless the owner or operator has complied with 7:31-4.11.

(c) No owner or operator of a newly constructed covered process or an existing process being utilized for a new EHS service covered process at a facility for which there is no previously approved risk management program shall begin operating that covered process until the Department and the owner or operator have executed a consent agreement containing an approved risk management program.

(d) No owner or operator of a facility with an approved risk management program shall operate a new process or utilize an existing covered process for a new EHS service before submitting to the Department the documentation required by N.J.A.C. 7:31-3.4(c) or (d) (Program 2) or 7:31-4.11(c) or (d) (Program 3), and the fee required by N.J.A.C. 7:31-1.11. The owner or operator shall not operate the new covered process before executing a consent agreement to update the approved risk management program for the new covered process.

1. As of March 16, 2010, no owner or operator of a facility with an approved risk management program shall operate a new process or utilize an existing covered process for a new EHS service before submitting to the Department the documentation required by 7:31-4.11(c) or (d) (Program 3), and the fee required by N.J.A.C. 7:31-1.11.

(e) No owner or operator of a covered process shall fail to provide the Department with any information required to be submitted to the Department pursuant to the TCPA or this chapter.

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