N.J. Admin. Code § 19:9-1.15 - Transportation of hazardous materials

(a) The transportation or shipment on the Roadway of any hazardous materials, as defined in Part 172 of the regulations of the United States Department of Transportation ( 49 CFR 172), shall be subject to the requirements of parts 171 to 178 inclusive of such regulations ( 49 CFR 171 to 178) governing the preparation of the materials for transportation, construction of containers, packing, weighing, marking, labeling, billing and certification of such materials.

(b) The transportation or shipment on the Roadway of radioactive materials or devices, and transportation of Division 1.1, 1.2, 1.3 and 1.4 explosives, as defined in Part 173 of the regulations of the United States Department of Transportation ( 49 CFR 173), shall be subject to the prior written approval of the Authority. All applications for such approval shall be made in writing addressed to the Director of Operations and shall provide, to the satisfaction of the Authority, that the shipment shall comply in all respects with the provisions of parts 171 to 178 and 397 inclusive of such regulations ( 49 CFR 171- 178, 397). The fee for processing the application for such approval shall be $ 50.00. All approvals granted shall be subject to annual renewal.

(c) The Authority reserves the right to withhold the approval required in (b) above, and to prohibit entry to the Roadway of any carrier of any hazardous materials, despite compliance with the aforementioned regulations of the United States Department of Transportation or any other pertinent regulations or law, if in the Authority's opinion, the transportation or shipment will be likely to endanger life or property.

(d) No person shall transport gasoline or other flammable liquids in containers in private vehicles. Commercial vehicles carrying flammable liquids shall be appropriately placarded in accordance with 49 CFR 172.500. In addition, all packages transported and carrying the same shall be labeled in accordance with 49 CFR 172.400.

(e) Any operator, owner or lessee of a vehicle on the Roadway which contains any hazardous material shall be subject to all provisions and penalties hereunder, in addition to any provisions of the United States Code, the New Jersey Statutes and the New Jersey Administrative Code.

(f) In the event of a discharge of hazardous materials on the Roadway, all remedial efforts shall be conducted in compliance with this chapter and under the supervision of the Authority, the State Police, and/or the Department of Environmental Protection.

1. Unless contrary to the rules of the New Jersey Department of Environmental Protection or unless it would create an unsafe condition to the operator, the general public or the Roadway, the operator, owner or lessee of the vehicle may be afforded the opportunity to contain and remove, where practicable, discharged hazardous material using personnel, materials and equipment:

i. Aboard the vehicle from which the discharge occurred;

ii. By another vehicle owned or leased by the operator, owner or lessee of the vehicle from which the discharge occurred;

iii. By a specialized response team operated by the manufacturer or distributor of the hazardous material that has been discharged ("manufacturers' response team"); or

iv. By third parties contracted to contain, clean up, and/or dispose of the discharge ("emergency response contractor") by the operator, owner or lessee of the vehicle specifically for the purpose of remediating hazardous materials discharges from the operator's vehicle.

2. No emergency response services may be provided pursuant to (f)1i through iv above unless all the entities undertaking such services have provided to the Authority the following:

i. Certificates of insurance, indicating the New Jersey Turnpike Authority, its officers, agents, and employees, as an additional insured under the policies, in types and limits deemed by the Authority to be acceptable;

ii. An indemnification and hold harmless agreement in a form provided by or acceptable to the General Counsel signed by the operator, owner, or lessee of the vehicle, the manufacturer's response team, or the emergency response contractor, as applicable; and

iii. Such other information as may be required by the Director of Operations or the General Counsel.

3. The operator, owner, or lessee of the vehicle from which the discharge occurred shall arrange and pay for emergency response services to be performed by any emergency response contractors approved under the requirements of (f)2 above. Approval of such contractors pursuant to (f)2 above is not to be considered a warranty or assurance by the Authority of such contractors' ability to perform emergency response services.

4. Whenever the operator, owner, or lessee refuses to arrange for an emergency response contractor, or whenever exigent circumstances or the risk posed by the discharge to Authority patrons, the general public, or the Authority's agents or employees is too great to await the arrival of the emergency response contractor arranged by the operator, owner, or lessee in the opinion of the Director of Operations or the Director's designee, the Director or the Director's designee may arrange for emergency response services and long-term remedial efforts to be provided by an emergency response contractor of the Authority's choice. Emergency response and long-term remedial services may be performed by or through the Department of Environmental Protection or its agents, including, but not limited to, any county environmental health department, or by private organizations engaged by the Authority. Procurement of emergency response contractors by the Authority to provide services under this section shall be performed in accordance with the requirements of N.J.A.C. 19:9-2, and the Authority shall make available to any operator, owner, or lessee so requesting a list of such emergency response contractors, which shall be deemed approved under the requirements of (f)2 above.

The cost of services pursuant to this paragraph shall be based on the most recent agreement between the Authority and the emergency response contractor, or if there is no such agreement, shall be based on the schedule of rates normally charged to commercial concerns for emergency response or long-term remedial services, and shall be borne by the operator, owner, or lessee of the vehicle.

i. If, at the time the emergency response contractor arrives at the scene of the discharge, the operator, owner, or lessee of the vehicle refuses to agree to pay or complete any documents necessary to engage the contractor for such services, the Authority may impound the vehicle and any cargo or contents thereof until such time as the costs of remedial services are satisfied. If such costs are not satisfied within 14 days, the Authority shall have the right to sell the vehicle, its cargo, and contents at public auction and/or to recover any unsatisfied costs by filing a civil action in the Superior Court of New Jersey or in any District Court of the United States having jurisdiction over such action.

ii. If the emergency response contractor refuses to contract with the operator, owner, or lessee of the vehicle because of a bona fide concern about the operator's, owner's, or lessee's ability or willingness to pay for such services, the Director of Operations or the Director's designee may authorize such services to be performed at the Authority's expense, and the Authority may thereafter recover the costs thereof from the operator, owner, or lessee by filing a civil action in Superior Court of New Jersey or in any District Court of the United States having jurisdiction over such action. The emergency response contractor's concern shall be deemed bona fide if the operator's, owner's, or lessee's credit record indicates a history of refusal or failure to pay commercial debts.

5. Access to the Roadway for the purposes of investigating or remediating contamination caused by the discharge or release of any material will be granted only after compliance with (f)2 above and only after application to the Chief Engineer. Such access will not be unreasonably withheld. All investigatory data, including, but not limited to, soil investigations, soil boring logs, ground water monitoring well logs, laboratory analytical data, correspondence with regulatory agencies, and all reports and submissions generated as a result of work on the Roadway shall be made available for inspection by the Authority or its agents, and copies of all such information and data shall be produced for the Authority or its agents upon request.

Notes

N.J. Admin. Code § 19:9-1.15

Amended by 49 N.J.R. 3236(b), effective 9/18/2017