New Jersey § 13:1d-42

§ 13:1d-42.

a. The owner or operator of each priority industrial facility having a Standard Industrial

Classification, as designated by the federal Office of Management and Budget, within

Major Group Numbers 26, 28, 30, 33 and 34, shall prepare a pollution prevention plan

and submit a pollution prevention plan summary to the department on or before July

1, 1994. b. The owner or operator of each priority industrial facility, other than those priority

industrial facilities enumerated in subsection a. of this section, shall prepare a

pollution prevention plan and submit a pollution prevention plan summary to the department

on or before July 1, 1996. c. The owner or operator of a priority industrial facility shall maintain a copy of

the pollution prevention plan for the facility at the facility, where it shall be

available for inspection by the department. d. The owner or operator of a priority industrial facility shall annually update the

information required to be reported pursuant to paragraphs (13) through (17) of subsection

b. of section 7 of this act. 1 The owner or operator of a priority industrial facility shall update the information

required to be reported in paragraphs (1) through (12) of subsection b. of section

7 of this act, and pursuant to subsection h. of section 7 of this act, if a significant

change in the operation of the priority industrial facility occurs, including the

cessation or major expansion of a production process, the installation or removal

of primary components of a production process, or the use or release of a hazardous

substance, or the generation of a hazardous waste, which was not used, released, or

generated when the initial pollution prevention plan was completed. e. The owner or operator of a priority industrial facility shall prepare a complete

revision of a pollution prevention plan by July 1 of the fifth year after the year

of the initial completion of the pollution prevention plan, and by July 1 of each

fifth year thereafter. f. The owner or operator of a priority industrial facility shall prepare and submit

to the department a complete revision of a pollution prevention plan summary by July

1 of the fifth year after the year of the initial completion of the pollution prevention

plan summary, and by July 1 of each fifth year thereafter. g. The owner or operator of a priority industrial facility shall prepare and submit

to the department, on July 1 of each year after the year of the initial completion

of a pollution prevention plan or the year of a complete revision of the pollution

prevention plan, a pollution prevention plan progress report that indicates the progress

made in the previous year in complying with the pollution prevention goals set forth

in the initial pollution prevention plan, or revised pollution prevention plan, as

appropriate. h. After January 1, 1995, the department, pursuant to the “Administrative Procedure

Act,” P.L.1968, c. 410 ( C. 52:14B-1 et seq. ), may adopt rules and regulations designating as priority industrial facilities industrial

facilities other than those designated as priority industrial facilities pursuant

to section 3 of this act. 2 At least one year prior to the final adoption of any rules and regulations designating

proposed priority industrial facilities pursuant to this subsection, the department

shall submit to the Legislature a list of the proposed priority industrial facilities. i. The department may adopt, pursuant to the “Administrative Procedure Act,” rules

and regulations establishing criteria for the inclusion of hazardous substances in

pollution prevention plans, pollution prevention plan summaries, and pollution prevention

plan progress reports other than the hazardous substances on the list established

pursuant to 42 U.S.C. § 11023 , which criteria shall include a consideration of the toxicity of a substance, evidence

of the production of the substance in commercial quantities, and prior regulation

as a hazardous substance pursuant to P.L.1976, c. 141 ( C. 58:10-23.11 et seq. ), section 4 of P.L.1985, c. 403 ( C. 13:1K-22 ), or 42 U.S.C. 9601 . 1

N.J.S.A. § 13:1D-41. 2

N.J.S.A. § 13:1D-37.