N.J. Admin. Code § 7:31-9.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:31-9.3 - Selection of consultants

(a) The Department shall authorize an independent consultant nominated by the owner or operator to perform the Extraordinarily Hazardous Substance Accident Risk Assessment. The independent consultant shall be chosen by the Department and hired and paid for by the owner or operator in accordance with the provisions of this subchapter.

(b) Within 60 days after receipt of the finished work plan, an owner or operator shall submit the names and proposals of three consultants who meet the requirements at 7:31-9.4(b) and are willing and able to perform the EHSARA in accordance with the schedule set in the work plan.

(c) The owner or operator shall not submit the name and proposal of any consultant who:

1. Is owned or controlled by the owner or operator or by a firm which owns or controls both the owner or operator and the consultant or owns or controls the owner or operator;

2. Was the designer of any covered process at the stationary source;

3. Is debarred or suspended pursuant to N.J.A.C. 7:1D-2 or on the New Jersey Department of Treasury's list of firms debarred or suspended from engaging in work in the State;

4. Fails to state in its written proposal that it will not subcontract any of the work involved in the EHSARA unless provided in writing by the Department; or

5. Fails to state in its written proposal that it will not change the staff named to do any of the work involved in the EHSARA unless approved in writing by the Department.

N.J. Admin. Code § 7:31-9.3

Administrative change.
See: 32 New Jersey Register 1796(a).