N.J. Admin. Code § 19:76-4.7

Current through Register Vol. 56, No. 19, October 7, 2024

Section 19:76-4.7 - Hazardous materials

(a) No person shall store, keep, handle, use, dispense, or transport at, in, or upon, the Airport hazardous materials in a manner that fails to comply with all applicable environmental laws.

(b) In addition to the restrictions on hazardous materials contained in this chapter, all persons must comply with Annex 18, the Safe Transport of Dangerous Goods by Air, 2nd Edition, incorporating Amendments 1 through 4, July 1989, incorporated herein by reference, as amended and supplemented, and available from the International Civil Aviation Organization, 100 Sherbrook Street West, Montreal P.Q., Canada, H3A2R2, which relate to the movement of hazardous materials. These instructions regulate all domestic and international air shipments, and the motor vehicle transportation of these shipments to and from airports.

(c) No person shall store, keep, handle, use, dispense, or transport at, in, or upon, the Airport, any Class A, Class B, or Class C explosive, or Class A poison, as defined by the U.S. Department of Transportation, 49 CFR Parts 100 through 185, dynamite, nitroglycerin, black powder, propellants, fireworks, blasting caps, cordeau detonant, or other explosive; gasoline, alcohol, ether, liquid shellac, lacquer, lacquer thinner, kerosene, turpentine solvent, or other flammable or combustible liquids; ammonium nitrate, sodium chlorate, wet hemp, powdered magnesium, nitrocellulose, peroxides, or other flammable solids or oxidizing materials; hydrochloric acid, sulfuric acid, or other corrosive liquids, hydrogen, acetylene, liquefied petroleum gas, liquefied natural gas, nitrogen, helium, argon, liquid or gaseous oxygen, chlorine, ammonia, or other compressed flammable or nonflammable gases; prussic acid, phosgene, arsenic, carbolic acid, potassium cyanide, tear gas, lewisite, or other poisonous substances, liquid, or gases; or any radioactive material or substance; at such time or place or in such manner or condition as to endanger unreasonably, or as to be likely to endanger unreasonably, persons or property.

(d) A waiver of Federal regulations, or any part thereof, by the approved Federal agency shall constitute a waiver of (c) above if written evidence of the Federal waiver is provided to the Airport Director at least 24 hours in advance of any operation that requires a waiver.

(e) No person may offer, or knowingly accept, any hazardous materials for shipment at the Airport, unless the shipment is handled and stored in full compliance with Federal regulations.

(f) Any person engaged in transportation of hazardous materials shall have designated personnel at the Airport who shall be authorized and responsible for receiving and handling the shipments in compliance with Federal regulations.

(g) Any person engaged in the transportation of hazardous materials shall provide storage facilities that reasonably ensure against unauthorized access, exposure to persons, or damage to shipments while at the Airport.

(h) No person, without the prior permission of the Authority shall generate, store, keep, handle, transport, treat, or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act, 42 U.S.C. § 6903(G), and Hazardous Waste Regulations, 49 CFR Parts 100 through 185, in or upon the Airport. Any person generating, storing, keeping, handling, transporting, treating, or disposing of hazardous waste shall comply with all applicable governmental laws, rules, regulations, and requirements including, but not limited to, the rules of the State of New Jersey and any subsequent or succeeding laws, rules, regulations, and requirements. Any waiver of such laws, rules, regulations, and requirements or of any part thereof by an authorized governmental authority shall not constitute or be construed to constitute a waiver of this chapter or an implied permission to keep, generate, store, handle, transport, treat, or dispose of hazardous waste in or upon the Airport.

(i) No person shall, without prior permission of the Authority, store, keep, handle, use, or transport at, in or upon the Airport the following radioactive materials:

1. Source material, as defined in Standards for Protection Against Radiation ( 10 CFR 40.4) , promulgated by the Nuclear Regulatory Commission including, but not limited to, uranium, thorium, or any combination thereof, but not including the unimportant quantities of source material as set forth in Federal regulations at 10 CFR 40.13;

2. Special nuclear material, as defined in Standards for the Protection Against Radiation promulgated by the Nuclear Regulatory Commission including, but not limited to, plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, or any material artificially enriched by any of the foregoing;

3. Nuclear reactor fuel elements that are partially expended or irradiated;

4. Nuclear reactor fuel elements;

5. Radioactive waste material; or

6. Any radioactive material moving under a Department of Transportation special permit or Nuclear Regulatory Commission permit and escort.

(j) A waiver of (i) above shall comply with the provisions of (d) and (e) above. Waivers shall be given for movement of radioactive materials only when the materials are packaged, marked, labeled, and limited as required by Federal law applying to transportation of explosives and other hazardous materials and when the materials do not create an undue hazard to life or property at the Airport.

(k) No person shall, at any time, store, keep, handle, use, or transport at, in, or upon the Airport any weapon of war that employs atomic fission or radioactive force. This subsection shall not apply to United States military personnel.

N.J. Admin. Code § 19:76-4.7

Adopted by 50 N.J.R. 2158(b), effective 10/15/2018