N.J. Admin. Code § 16:49-3.1

Current through Register Vol. 56, No. 12, June 17, 2024

Section 16:49-3.1 - Requirements

(a) Person(s) that do not comply with the requirements of this chapter shall not transport hazardous materials, offer hazardous materials for transport, or accept hazardous materials for transport.

(b) No person shall, by marking or otherwise, represent that a container or package for the transportation of hazardous materials is safe, certified, or in compliance with the requirements of the New Jersey Department of Transportation unless such container or package meets the requirements of this chapter.

(c) Subject to review, the Department will recognize an exemption or special permit, or renewal thereof, issued by the United States Department of Transportation pursuant to 49 CFR Part 107, Subpart B. Any person operating under a current, valid special permit or exemption, or renewal thereof, issued pursuant to 49 CFR Part 107, Subpart B will be deemed to be in compliance with those portions of these rules to which the exemption applies, provided that the person is complying with the terms of the exemption.

(d) Intrastate carriers and shippers desiring exemptions shall be subject to the same rules and procedures required of interstate carriers and shippers. See 49 CFR Part 107, Subpart B. See also (i) below.

(e) Whenever the term "interstate" is used in the Federal regulations adopted and incorporated by reference herein it shall, for the purpose of these regulations, mean and include both "interstate" and "intrastate" transportation in commerce, except where stated otherwise.

(f) This chapter establishes minimum standards that must be complied with in conjunction with the transportation of hazardous materials. Therefore, in the event of a conflict between this chapter and any other State rule, the stricter, more stringent standard shall apply and govern. This chapter is intended to complement, and not to limit, those related statutory and regulatory provisions of the New Jersey Department of Environmental Protection, the New Jersey Motor Vehicle Commission and the New Jersey State Police, regarding hazardous wastes, radioactive materials, spill compensation and control.

(g) If any provision or clause of this chapter is held invalid to any person or circumstance, such invalidity shall not affect other provisions or applications of the rule, which can be given effect without the invalid provision or application. To this end the provisions of this rule are declared to be severable.

(h) For intrastate movements only, this chapter or any portion or portions thereof may be waived by the Department if, after consideration of the facts involved, it is determined that a particular situation warrants such waiver. Application shall be made in writing to the Commissioner before the subject materials are offered for transportation. The written application shall set forth the full circumstances and facts of the case. The applicant(s) shall not have the right to a hearing. Waivers shall only be granted in cases of unique circumstances or hardship.

N.J. Admin. Code § 16:49-3.1

Amended by R.1986 d.447, effective 11/3/1986.
See: 18 N.J.R. 1791(a), 18 N.J.R. 2212(b).
Added text to (h) "and not to limit".
Amended by R.1989 d.101, effective 2/21/1989.
See: 20 N.J.R. 3005(a), 21 N.J.R. 456(a).
Changed date from November 1, 1985 to October 1, 1987.
Amended by R.1990 d.550, effective 11/19/1990.
See: 22 N.J.R. 2676(a), 22 N.J.R. 3500(c).
Clarification regarding jurisdiction added; ( l), on combustible liquids, deleted.
Amended by R.1991 d.208, effective 4/15/1991.
See: 23 N.J.R. 55(b), 23 N.J.R. 1148(a).
Inspection of hazardous materials and cargo seal requirements added at (b)1.
Amended by R.1993 d.235, effective 6/7/1993.
See: 25 N.J.R. 1065(a), 25 N.J.R. 2497(a).
Amended by R.1995 d.74, effective 2/6/1995.
See: 26 N.J.R. 4488(b), 27 N.J.R. 509(a).
Amended by R.2000 d.7, effective 1/3/2000.
See: 31 N.J.R. 2692(a), 32 N.J.R. 102(a).
In (i), changed date in 1, and inserted references to the Federal Hazardous Materials Regulations throughout 2.
Amended by R.2005 d.163, effective 5/16/2005.
See: 37 N.J.R. 32(a), 37 N.J.R. 1784(a).
Rewrote (a); in (b), inserted "duly" following "or personnel" in 1; in (i), substituted "October 1, 2004 and any supplements and revisions thereof" for "April 1, 1999" following "as revised" in 1; inserted reference to "and incorporated by reference" throughout.
Recodified from N.J.A.C. 16:49-1.3 and amended by R.2010 d.224, effective 10/18/2010.
See: 42 N.J.R. 1339(a), 42 N.J.R. 2430(b).
Section was "General requirements". Deleted former (b), (g) and (i); recodified former (c) through (f) as (b) through (e), (h) as (f), and (j) and (k) as (g) and (h); rewrote (c), (d) and (h); in (f), substituted "rule" for "regulation" and "that" for "which" and inserted ", the New Jersey Motor Vehicle Commission and the New Jersey State Police,"; and in (g), substituted "rule," for the first occurrence of "regulation" and "rule" for the second occurrence of "regulation". Former N.J.A.C. 16:49-3.1, General provisions, recodified to N.J.A.C. 16:49-4.1