New Jersey P.L.1967, c.106

AN ACT relating to the control and suspension of air pollution, amending the title of "An act relating to the control and suspension of air pollution, creating an Air Pollution Control Commission in the State Department of Health and prescribing its functions, powers and duties and providing for the appointment of county air pollution associations," approved September 16, 1954 (P.L.1954, c.212), so that the same shall read "An act relating to the control and suspension of air pollution, creating a Clean Air Council in the State Department of Health and prescribing its functions, powers and duties," amending, supplementing and repealing portions of said act, and amending sections 1 and 2 of chapter 16 of the laws of 1966.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

Title amended. 1. The title of chapter 212 of the laws of 1954 is amended to read as follows: An act relating to the control and suspension of air pollution, creating a Clean Air Council in the State Department of Health and prescribing its functions, powers and duties.

C.26:2C-3.1 Commission abolished. 2. The Air Pollution Control Commission is hereby abolished. All of the functions, powers and duties of the Air Pollution Control Commission in the Department of Health are hereby transferred to the Department of Health.

C.26:2C-3.2 Clean air council created. 3. (a) There is hereby created in the State Department of Health a Clean Air Council, which shall consist of 17 members, 3 of whom shall be the Commissioner of Labor and Industry or a member of the Department of Labor and Industry designated by him, the Commissioner of Community Affairs or a member of the Department of Community Affairs designated by him, and the Secretary of Agriculture or a member of the Department of Agriculture designated by him, who shall serve ex officio, 6 citizens of the State representing the general public at least one of whom shall be a medical doctor licensed to practice in this State and 8 members to be appointed from persons to be nominated by the organizations hereinafter enumerated, by the Governor. (b) Within 30 days following the effective date hereof and thereafter as required, at least 1 month prior to the expiration of the term of the member chosen from nominees of each organization hereafter enumerated, each such organization shall submit to the Governor a list of 3 recommended nominees for membership on the council from which list the Governor shall appoint one. If any organization does not submit a list of recommended nominees at any time required by this act, the Governor may appoint a member of his choice. The organizations which shall be entitled to submit recommended nominees are: New Jersey Health Officers Association, New Jersey State Chamber of Commerce, New Jersey Society of Professional Engineers, Inc., New Jersey Manufacturers Association, New Jersey Section of the American Industrial Hygiene Association, New Jersey State League of Municipalities, the New Jersey Freeholders' Association and the New Jersey State AFL-CIO. (c) Of the 12 members first to be appointed, 3 shall be appointed for terms of 1 year, 3 for terms of 2 years, 3 for terms of 3 years and 3 for terms of 4 years. Thereafter, all appointments shall be made for terms of 4 years. All appointed members shall serve after the expiration of their terms until their respective successors are appointed and shall qualify, and any vacancy occurring in the appointed membership of the council by expiration of term or otherwise, shall be filled in the same manner as the original appointment for the unexpired term only, notwithstanding that the previous incumbent may have held over and continued in office as aforesaid. The Governor may remove any appointed member of the council for cause after a public hearing. (d) Members of the council shall serve without compensation but shall be reimbursed for expenses actually incurred in attending meetings of the council and in the performance of their duties as members thereof. (e) The council shall elect annually a chairman and vice-chairman from its own membership.

C.26:2C-3.3 Duties. 4. The Clean Air Council shall: (a) Request from the commissioner information concerning the Air Pollution Control Program; (b) Consider any matter relating to the preservation and improvement of the Air Pollution Control Program and advise the commissioner thereof; (c) From time to time submit to the commissioner any recommendations which it deems necessary for the proper conduct and improvement of the Air Pollution Control Program; (d) Study the Air Pollution Control Program and make its recommendations thereon to the commissioner; (e) Study the codes, rules and regulations promulgated by the department in regard to air pollution control and make its recommendations for their improvement to the commissioner; (f) Study and investigate the state of the art and the technical capabilities and limitations of air pollution control and report their findings and recommendations thereon to the commissioner; (g) Study and investigate the need for programs for the long range technical support of the Air Pollution Control Program and report their findings and recommendations thereon to the commissioner; and (h) Hold public hearings at least once a year in regard to existing air pollution control, statutes, codes, rules and regulations and upon the state of the art and technical capabilities and limitations in air pollution control and report its recommendations thereon to the commissioner.

5. Section 2 of chapter 212 of the laws of 1954 is amended to read as follows:

C.26:2C-2 Definitions. 2. The following words shall have the following meanings: "Council" means the Clean Air Council created under this act. "Department" means the State Department of Health. "Air pollution" as used in this act shall mean the presence in the outdoor atmosphere of one or more air contaminants in such quantities and duration as are, or tend to be, injurious to human health or welfare, animal or plant life or property, or would unreasonably interfere with the enjoyment of life or property throughout the State and in such territories of the State as shall be affected thereby and excludes all aspects of employer-employee relationship as to health and safety hazards. "Commissioner" means the Commissioner of Health in the State Department of Health. "Control apparatus" means any device which prevents or controls the emission of any air contaminant. "Equipment" means any device capable of causing the emission of an air contaminant into the open air, and any stack, conduit, flue, duct, vent or similar device connected or attached to, or serving the equipment. This shall include equipment in which the preponderance of the air contaminant emitted is caused by the manufacturing process. "Person" means and shall include corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, and shall also include all political subdivisions of this State or any agencies or instrumentalities thereof.

6. Section 8 of chapter 212 of the laws of 1954 is amended to read as follows:

C.26:2C-8 General powers. 8. The department shall have power to formulate and promulgate, amend and repeal codes and rules and regulations preventing, controlling and prohibiting air pollution throughout the State or in such territories of the State as shall be affected thereby; provided, however, that no such code, rule or regulation and no such amendment or repeal shall be adopted except after public hearing to be held after 30 days prior notice thereof by public advertisement of the date, time and place of such hearing, at which opportunity to be heard by the department with respect thereto shall be given to the public; and provided, further, that no such code, rule or regulation and no such amendment or repeal shall be or become effective until 60 days after the adoption thereof as aforesaid. Any person heard at such public hearing shall be given written notice of the determination of the department. All codes, rules and regulations heretofore adopted by the Air Pollution Control Commission shall continue in full force and effect subject to the power of the department to amend and repeal such codes, rules and regulations as provided by this act.

7. Section 9 of chapter 212 of the laws of 1954 is amended to read as follows:

C.26:2C-9 Additional powers. 9. The department shall control air pollution in accordance with the provisions of any applicable code, rule or regulation promulgated by the department and for this purpose shall have power to— (a) Conduct and supervise research programs for the purpose of determining the causes, effects and hazards of air pollution; (b) Conduct and supervise State-wide programs of air pollution control education including the preparation and distribution of information relating to air pollution control; (c) Require the registration of persons engaged in operations which may result in air pollution and the filing of reports by them containing information relating to location, size of outlet, height of outlet, rate and period of emission and composition of effluent, and such other information as the department shall prescribe to be filed relative to air pollution, all in accordance with applicable codes, rules or regulations established by the department. Registration reports filed with the department shall be privileged and not admissible in evidence in any court; (d) Enter and inspect any building or place, except private residences, for the purpose of investigating an actual or suspected source of air pollution and ascertaining compliance or noncompliance with any code, rules and regulations of the department. Any information relating to secret processes or methods of manufacture or production obtained in the course of such inspection, investigation or determination, shall be kept confidential and shall not be admissible in evidence in any court or in any other proceeding except before the department as herein defined. If samples are taken for analysis, a duplicate of the analytical report shall be furnished promptly to the person suspected of causing air pollution; (e) Receive or initiate complaints of air pollution, hold hearings in connection with air pollution and institute legal proceedings 496 for the prevention of air pollution and for the recovery of penalties, in accordance with this act; (f) With the approval of the Governor, co-operate with, and receive money from, the Federal Government, the State Government, or any county or municipal government or from private sources for the study and control of air pollution.

8. Section 14 of chapter 212 of the laws of 1954 is amended to read as follows:

C.26:2C-14 Inspection. 14. Whenever the department has cause to believe that any person is violating any code, rule or regulation promulgated by the department, the department shall cause a prompt investigation to be made in connection therewith. If upon inspection the department discovers a condition which is in violation of the provisions of this act or any code, rule or regulation promulgated pursuant thereto, it shall be authorized to order such violation to cease and to take such steps necessary to enforce such an order. The said order shall state the items which are in violation and shall provide a reasonable specified time within which the violation must cease. In any case where no code, rule or regulation has been promulgated which sets specific limits for emissions to the atmosphere of the type discovered and alleged, no order to cease such emissions shall be issued until the holding of a preliminary hearing thereon which shall be held upon not less than 15 days' notice by the department to all interested persons. The person responsible shall make the corrections necessary to comply with the requirements of this act or code, rule or regulation promulgated pursuant thereto within the time specified in the order. Nothing herein shall be deemed to prevent the department from prosecuting any violation of this act or any code, rule or regulation promulgated pursuant thereto notwithstanding that such violation is corrected in accordance with its order.

9. Section 20 of chapter 212 of the laws of 1954 is amended to read as follows:

C.26:2C-20 Review decision. 20. Review of any final decision or action by the department shall be by procedure in lieu of prerogative writs. Review of the validity of any code, rule or regulation promulgated by the department shall likewise be by procedure in lieu of prerogative writs.

10. Section 22 of chapter 212 of the laws of 1954 is amended to read as follows:

C.26:2C-22 Superseded. 22. No ordinances of any governing body of a municipality or county or board of health more stringent than this act or any code, rules or regulations promulgated pursuant thereto shall be superseded by this act. Nothing in this act or in any code, rules or regulations promulgated pursuant thereto shall preclude the right of any governing body of a municipality or county or board of health, subject to the approval of the department, to adopt ordinances or regulations more stringent than this act or any code, rules or regulations promulgated pursuant thereto.

11. Section 1 of chapter 16 of the laws of 1966 is amended to read as follows:

C.26:2C-8.1 Contamination from motor vehicles. 1. The department, after consultation with the Director of the Division of Motor Vehicles, shall have the power to formulate and promulgate, amend and repeal codes, rules and regulations establishing standards and requirements for the control of air contaminants from motor vehicles.

12. Section 2 of chapter 16 of the laws of 1966 is amended to read as follows:

C.26:2C-8.2 Rules concerning motor vehicles. 2. Any code, rule or regulation establishing standards and requirements for the control of air contaminants from motor vehicles shall be applicable to such classification of motor vehicles as the department shall determine to be necessary to carry out the purpose of this act and shall apply to such motor vehicles not earlier than 180 days following the date of adoption.

C.26:2C-9.2 Application; operating certificate. 13. (a) No person shall construct, install or alter any equipment or control apparatus, in other than a one or 2-family dwelling or a dwelling of 6 or less family units one of which is owner-occupied, until an application including plans and specifications has been filed with the department and an installation or alteration permit issued by the department, in accordance with any codes, rules and regulations of the department except that subject to any such codes, rules and regulations the department may dispense with the filing of applications, plans and specifications. Information relating to secret processes or methods of manufacture or production is exempted from the plans and specifications and other pertinent information to which the department is entitled under this section. (b) No person shall use or cause to be used any such new or altered equipment or control apparatus for which an installation or alteration permit is required or issued until an operating certificate has been issued by the department. (c) No operating certificate or renewal thereof, required by this act, shall be issued by the department unless the applicant shows to the satisfaction of the department that the equipment is designed to operate without causing a violation of any provision of this act or of any codes, rules and regulations promulgated thereunder and that, except in the case of a renewal certificate, the equipment incorporates advances in the art of air pollution control developed for the kind and amount of air contaminant emitted by the applicant's equipment. (1) Before an operating certificate or any renewal thereof is issued, the department may require the applicant to conduct such tests as are necessary in the opinion of the department to determine the kind or amount of the air contaminant emitted from the equipment or whether the equipment or fuel or the operation of the equipment is in violation of any of the provisions of this act or of any codes, rules and regulations promulgated thereunder. Such tests shall be made at the expense of the applicant and shall be conducted in a manner approved by the department and the test results shall be reviewed and professionally certified. (2) An operating certificate or any renewal thereof shall be valid for a period of 5 years from the date of issuance, unless sooner revoked by order of the department, and may be renewed upon application to the department. (3) Upon receipt of an application for the issuance of an operating certificate or any renewal thereof, the department, in its discretion, may issue a temporary operating certificate valid for a period not to exceed 90 days.

C.26:2C-24 Clean Air Scholarship Intern Program. 14. (a) There is hereby established a Clean Air Scholarship Intern Program. (b) The commissioner may provide for the payment of room, board, tuition and fees for eligible persons to attend any accredited college or university authorized by the commissioner as a regular student to receive an engineering degree satisfactory to the commissioner until the eligible person satisfactorily completes 4 scholastic years. (c) To be eligible for the Clean Air Scholarship Intern Program a person must: (1) be a citizen of the United States and the State of New Jersey; (2) be a high school graduate or have an equivalent education; (3) have been accepted for admission to the accredited college or university authorized by the commissioner as a regular student and accepted in said college or university to pursue a course of instruction satisfactory to the commissioner; (4) contract, with the consent of his parent or legal guardian if he is a minor, with the commissioner or his designated representative, to serve with the Department of Health for a period of 3 years following graduation and further, to serve with the Department of Health during the regular periods of summer vacation except for such vacation periods as the commissioner shall establish by regulation and provided further that the department shall not be liable to pay wages to said student during said vacation periods. (d) The appointments made by the commissioner hereunder shall be subject to available appropriations and shall be awarded on a competitive basis. (e) The Scholarship Intern Program shall be administered by the commissioner under such regulations as the commissioner shall prescribe.

C.26:2C-25 Further training of personnel. 15. The commissioner, subject to available appropriations and grants from other sources, may provide within the Department of Health for a program of graduate study for eligible persons to attend any accredited graduate program at a college or university in order to further the training of personnel for the purposes of administering this act. Said graduate program shall be administered by the commissioner under such regulations as the commissioner shall prescribe.

C.26:2C-3, C.26:2C-4, C.26:2C-5, C.26:2C-6, C.26:2C-7, C.26:2C-11, C.26:2C-12, C.26:2C-13 Repealers. 16. Sections 3, 4, 5, 6, 7, 11, 12 and 13 of chapter 212 of the laws of 1954 as amended and supplemented are hereby repealed.

17. This act shall take effect immediately.

Approved June 15, 1967.