SENATE, No. 255
STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Senator KOSCO
An Act concerning hazardous substances and amending and supplementing P.L.1983, c.315.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. For the purposes of this section, “business” means every employer engaged in a business operation that has a Standard Industrial Classification, as designated in the Standard Industrial Classification Manual prepared by the federal Office of Management and Budget, within the following Major Group Numbers, or Industry Numbers, as the case may be: Major Group Numbers 28 (Chemicals and Allied Products-manufacturing) and 29 (Petroleum Refining and related industries-manufacturing), and Industry Group Numbers 516 (Chemicals and Allied Products-wholesale trade) and 517 (Petroleum and Petroleum Products-wholesale trade).
b. Every business that uses a hazardous substance that is flammable or explosive, or that, when combined with another hazardous substance, is flammable or explosive, shall employ a person on each work shift who shall have received, at a minimum, a Bachleor of Science degree or a four-year chemical engineering degree from an accredited college or university in the United States.
c. A business subject to the requirements of this section shall submit in writing to the Department of Environmental Protection documentation certifying that a person who meets the requirements of subsection b. of this section is employed during each work shift.
d. The Department of Environmental Protection shall adopt, pursuant to the “Administrative Procedure Act,” P.L. 1968, c.410 (C.52:14B-1 et seq.), and in consultation with the Department of Health and the Right to Know Advisory Council established pursuant to section 18 of P.L. 1983, c.315 (C.34:5A-18), any rules and regulations necessary to implement the provisions of this section.
2. Section 4 of P.L.1983, c.315 (C.34:5A-4) is amended to read as follows:
4. a. The Department of Environmental Protection shall develop an environmental hazardous substance list which shall include the list of substances developed and used by the department for the purposes of the Industrial Survey Project, established pursuant to P.L.1970, c.33 (C.13:1D-1 et seq.), [and] any substance on the list established by the United States Environmental Protection Agency for reporting pursuant to 42 U.S.C. §11023 , sodium hydrosulfate, and aluminum powder, and may include other substances which the department, based on documented scientific evidence, determines pose a threat to the public health and safety. Within 30 days after the date of enactment of P.L. , c. (C. ) (now before the Legislature as this bill), the department shall review the list and make any necessary additions or other modifications. The department shall review, revise, and update the list at least every two years, or sooner if necessary.
b. The department shall develop an environmental survey, which shall be designed to enable employers to report information about environmental hazardous substances at their facilities.
c. The department shall prepare and, upon request, make available to employers, county health departments, or the public a Spanish translation of the environmental survey. The department shall also prepare and make available a Spanish translation of any written material prepared by the department to inform the public of the information available pursuant to the provisions of this act.
d. Three months prior to the effective date of [this act] P.L. 1983, c.315, the department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the environmental hazardous substance list.
(cf: P.L.1991, c.235, s.18)
3. Section 25 of P.L.1983, c.315 (C.34:5A-25) is amended to read as follows:
25. a. No local police department or local fire department receiving workplace surveys or environmental surveys pursuant to the provisions of this act shall make the surveys available to the public. Any county health department, local police department, or local fire department may request from an employer submitting surveys to it further information concerning the surveys, and the employer shall provide the additional information upon the request therefor. The employer may require the requester to sign an agreement protecting the confidentiality of any additional information provided pursuant to this section.
b. Every employer with a research and development laboratory at his facility , and every business subject to the requirements of section 1 of P.L. , c. (C. ) (now before the Legislature as this bill), shall establish a communications program with the local fire department, which shall be designed to assist the fire department in adequately preparing to respond to emergencies at the research and development laboratory or business operation.
(cf: P.L.1983, c.315, s.25)
4. This act shall take effect immediately.
STATEMENT
This bill would amend and supplement the “worker and Community Right to Know Act,” P.L. 1983, c.315 (C.34:5A-1 et seq.), to require certain businesses that use a hazardous substance that is flammable or explosive, or that when combined with another hazardous substance is flammable or explosive, to employ a person on each work shift who has a Bachelor of Science degree or a four-year chemical engineering degree from an accredited college or university in the United States. The provisions of the bill would apply to businesses within the chemical or petroleum industry at both the manufacturing and wholesale levels, as listed in the Standard Industrial Classification Manual prepared by the federal Office of Management and Budget. A business subject to this requirement would have to submit documentation to the Department of Environmental Protection certifying that the educational requirements noted above have been met.
The bill would also require these businesses to establish a communications program with the local fire department to assist in the preparation of emergency response plans. P.L. 1983, c.315 already requires this of every employer with a research and development laboratory at his facility.
Finally, the bill would add sodium hydrosulfate and aluminum powder to the environmental hazardous substance list established pursuant to section 4 of P.L. 1983, c.315 (C.34:5A-4). The bill requires the DEP to review the list within 30 days of enactment, and to review, revise and update the list at least every two years, or sooner if necessary.
Requires certain businesses to employ full-time chemist, assist local fire departments in emergency planning; expands environmental hazardous substance list.