N.J. Admin. Code § 7:27-34.4

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:27-34.4 - General provisions

(a) Any person who owns or operates a terminal or business at a port in New Jersey and operates cargo handling equipment at that location is required to keep all cargo handling equipment subject to this subchapter in compliance with the requirements of this subchapter at all times.

(b) Any person who owns or operates an intermodal rail yard in New Jersey and operates cargo handling equipment at that location is required to keep all cargo handling equipment subject to this subchapter in compliance with the requirements of this subchapter at all times.

(c) No person conducting business in the State shall sell, offer to sell, import, deliver, purchase, receive, or otherwise acquire any cargo handling equipment or CI engine for the purpose of selling, renting, or leasing the cargo handling equipment or CI engine for operation or use at a port or intermodal rail yard in New Jersey, if the equipment or engine does not meet the requirements of this subchapter.

(d) Failure to comply with any of the obligations or requirements of this subchapter shall subject the violator to an enforcement action pursuant to the provisions of the Air Pollution Control Act, at N.J.S.A. 26:2C-19, and the Air Administrative Procedures and Penalties, at N.J.A.C. 7:27A-3.

(e) All information submitted to the Department pursuant to this subchapter shall be a public record, unless the person submitting the information asserts a confidentiality claim and the Department determines that the information is entitled to confidential treatment in accordance with N.J.A.C. 7:27-1.8 through 1.30.

(f) A zero-emission engine or equipment shall be considered over-compliance with the performance standards of this subchapter.

N.J. Admin. Code § 7:27-34.4

Repealed by 49 N.J.R. 3590(a), effective 11/20/2017

Adopted by 55 N.J.R. 142(b), effective 2/6/2023