N.J. Admin. Code § 12:120-7.2

Current through Register Vol. 56, No. 23, December 2, 2024

Section 12:120-7.2 - Notification requirements

(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

N.J. Admin. Code § 12:120-7.2

Amended by 50 N.J.R. 1149(a), effective 4/16/2018