N.J. Admin. Code § 7:31-1.9

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

Section 7:31-1.9 - Prohibitions

(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.

N.J. Admin. Code § 7:31-1.9

New Rule, R.1998 d.355, effective 7/20/1998.
See: 30 N.J.R. 908(a), 30 N.J.R. 2728(a).
Amended by R.2009 d.85, effective 3/16/2009.
See: 40 N.J.R. 5109(a), 41 N.J.R. 1206(b).
In the introductory paragraph of (b) and (d), and in (c), substituted "facility" for "stationary source"; and added (b)1 and (d)1.