N.J. Admin. Code § 7:30-10.8

Current through Register Vol. 56, No. 21, November 4, 2024
Section 7:30-10.8 - Assessment of fees for sample analysis
(a) In any situation involving a suspected misapplication or spill of a pesticide and where the sample(s) as collected during any inspection and sampling date define or help to define a violation of the Act or regulations promulgated thereunder or show the need for collection of additional samples to define the extent of the contamination as required by the Department to fully evaluate the procedures necessary to remedy said violation, a fee for all sampling may be assessed against the person responsible for the violative application or spill, such fee to reflect the actual cost incurred by the Department for the analyses of the sample(s).
(b) A manufacturer of pesticide products shall be responsible for sample analysis fees when analysis of products collected at the manufacturer's facility indicate the samples are violative as misformulations.
(c) Fees for pesticide sample analysis of formulations are as follows:

1.Liquids, except detergents:$ 600.00 per sample.
2.Powders:$ 680.00 per sample.
3.Aerosols, baits, traps, and$ 800.00 per sample.
detergents:
4.User dilution:$ 1,000 per sample.

(d) Fees for pesticide sample analysis of residues are as follows, reflecting a cost when utilizing existing Pesticide Laboratory methods, including residue scans:

1.Swab (surficial wipe):$ 375.00 per sample.
2.Air (sorbent tube):$ 375.00 per sample.
3.Water (Solid Phase Extraction):$ 525.00 per sample.
4.Soil:$ 560.00 per sample.
5.Vegetation:$ 560.00 per sample.
6.Commodity (Fruits and
Vegetables):$ 725.00 per sample.
7.Filter Paper:$ 450.00 per sample.
8.Animal tissue:$ 725.00 per sample.

(e) The fee for a Phenoxy Acid Herbicide scan in any sample matrix shall be $ 625.00/sample.
(f) Any sample requiring extra preparatory work or special analysis shall be charged $ 300.00 per hour for the preparatory work, derivitization or special analysis in addition to the fees specified in (c), (d) or (e) above.

N.J. Admin. Code § 7:30-10.8

Amended by R.1985 d.557, effective 11/4/1985.
See: 17 N.J.R. 242(b), 17 N.J.R. 2609(b).
Originally "Disposal".
Amended by R.1988 d.538, effective 11/21/1988.
See: 20 N.J.R. 579(a), 20 N.J.R. 2865(a).
Added (b)-(f).
Recodified from N.J.A.C 7:30-10.7 and amended by R.2001 d.427, effective 11/19/2001.
See: 33 N.J.R. 474(a), 33 N.J.R. 3956(b).
In (a), deleted "routinely" preceding "collected", substituted "any" for "the initial" preceding "inspection"' and substituted "or" for "and" preceding "show the need"; rewrote (d); in (f), inserted "derivitization" following "work,". Former N.J.A.C. 7:30-10.8, Submission of data on pesticide use, was recodified to N.J.A.C. 7:30-10.9
Amended by R.2008 d.126, effective 5/19/2008.
See: 39 N.J.R. 5010(a), 40 N.J.R. 2451(b).
In (a), inserted "or help to define"; in the table in (c), updated the dollar amounts; in the introductory paragraph of (d); substituted "when utilizing existing Pesticide Laboratory methods, including reside scans" for "per analyte. Each additional increases the applicable fee by 10 percent"; in (d), rewrote the table; in (e), substituted "Phenoxy Acid Herbicide scan in any sample matrix shall be $ 625.00/sample" for "pesticide scan shall be $ 250.00 per group"; and in (f), substituted "$ 300.00" for "$ 100.00".