Title 26, Title 26: HEALTH AND VITAL STATISTICS

26:2D-50. Determination by state treasurer; amended, invalid or valid statement If, after the hearing, the State Treasurer finds that any part of the charge against the objecting operator of a nuclear electric generating facility is excessive, erroneous, or invalid, he shall tran…

26:2D-51. Prohibition of action to restrain or delay payment; refund after payment No action or proceeding shall be maintained in any court for the purpose of restraining or delaying the collection or payment of a statement rendered in compliance with the provisions of this act. …

26:2D-52. Failure to pay or file objections If any affected operator of a nuclear electric generating facility, to which a statement for the amount assessed against it as provided in this act has been rendered, fails to pay the amount within 30 days, or fails to file with the Sta…

26:2D-53. Rules and regulations The department and the division are authorized in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.), to jointly promulgate, adopt, and enforce any rules and regulations necessary or appropr…

26:2D-54. Inspection of buildings and places The department and the division shall have the authority to enter and inspect any building or place for the purpose of determining compliance or noncompliance with the provisions of this act, any rules or regulations adopted pursuant t…

26:2D-55. Continuance and expiration of existing state radiation emergency plan The existing State Radiation Emergency Plan, as contained in the PIPAG Manual (Procedures for Implementing Protective Action Guides), or any other radiation emergency plan approved pursuant to State o…

26:2D-56. Severability If any section, part, phrase, or provision of this act or the application thereof to any person be adjudged invalid by any court of competent jurisdiction, the judgment shall be confined in its operation to the section, part, phrase, provision, or applicati…

26:2D-57. Violations; penalty; injunction Any person who willfully violates this act or any rule, or regulation promulgated pursuant hereto, including the State Radiation Emergency Response Plan, shall be liable to a penalty of not more than $2,500.00 for each offense, to be coll…

26:2D-58. Advice of Governor's advisory council for emergency services In implementing the provisions of this act, the department and the division shall seek the advice of the Governor's Advisory Council for Emergency Services established pursuant to P.L.1972, c. 133. L.1981, c. …

26:2D-59. Radon gas, progeny study The Department of Environmental Protection shall prepare and transmit to the Governor and Legislature a study concerning the dangers posed to the public health, safety, and welfare by the presence of radon gas and radon progeny in residential dw…

26:2D-6. Organization, officers The commission annually shall organize as soon as possible after July 1, and shall elect a chairman, vice-chairman and a secretary from its own membership. Five members of the commission shall constitute a quorum to transact its business. Codes, ru…

26:2D-60. Voluntary registry The Department of Health shall conduct an epidemiologic study of cancer and the presence of radon gas and radon progeny in residential dwellings and shall maintain a voluntary registry of persons at risk of radiogenic lung cancer. The department shall…

26:2D-61. Monitoring The Department of Environmental Protection and the Department of Health shall coordinate to establish a program of confirmatory monitoring of the presence of radon gas and radon progeny in residential dwellings, utilizing local health officers and the Departm…

26:2D-62. Public information and education program The Departments of Environmental Protection and Health shall also coordinate to establish a public information and education program to inform the public of the potential health effects of the presence of radon gas and radon prog…

26:2D-7. Promulgation of codes, rules or regulations The commission shall have the power to formulate, adopt, promulgate, amend and repeal codes, rules and regulations as may be necessary to prohibit and prevent unnecessary radiation in accordance with the provisions of the "Admi…

26:2D-70. Radon tester certification The Department of Environmental Protection shall within 180 days of the enactment of this act establish a program for the certification of persons who test for the presence of radon gas and radon progeny in buildings. L. 1986, c. 83, s. 1, eff…

26:2D-71. Radon mitigator certification The Department of Environmental Protection shall within 180 days of the enactment of this act establish a program for the certification of persons who mitigate, and safeguard buildings from, the presence of radon gas and radon progeny. L. 1…

26:2D-72. Mandatory programs Beginning 90 days after the establishment of the certification programs by the Department of Environmental Protection pursuant to sections 1 and 2 of this act, no person who is not certified pursuant to section 1 or section 2 of this act, as appropria…

26:2D-73. Confidentiality No person shall disclose to any person, except to the Department of Environmental Protection or the Department of Health, the address or owner of a nonpublic building that the person tested or treated for the presence of radon gas and radon progeny, unle…

26:2D-74. Disclosure to Department of Environmental Protection A person certified pursuant to section 1 or 2 of this act to provide testing or mitigation services shall, within 30 days of the provision of these services, disclose to the Department of Environmental Protection the …

26:2D-75. Fee schedule The department shall establish a fee schedule to cover the costs of the certification programs established pursuant to sections 1 and 2 of this act. L. 1986, c. 83, s. 6, eff. Aug. 14, 1986.

26:2D-76. Rules, regulations The department shall, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), adopt rules and regulations to implement the provisions of this act. L. 1986, c. 83, s. 7, eff. Aug. 14, 1986.

26:2D-77. 3rd degree crimes A person who violates the provisions of section 3, 4, or 5 of this act, or any rule or regulation adopted pursuant thereto, is guilty of a crime of the third degree. L. 1986, c. 83, s. 8, eff. Aug. 14, 1986.

26:2D-78. Not public records For the purposes of P.L. 1963, c. 73 (C. 47:1A-1 et seq.), health data relating to individuals and data relating to radon gas and radon progeny contamination at specific properties, including residential dwellings, gathered pursuant to the provisions …

26:2D-79. Specialized scientific personnel The Departments of Environmental Protection and Health are authorized to employ persons with specialized scientific training necessary to implement the provisions of P.L. 1985, c. 408 (C. 26:2D-59 et seq.) without regard to the provision…

26:2D-8. Review of policies and program of department of health It shall be the duty of the commission to review the policies and program of the department as developed under authority of this act; to make recommendations thereon to the department; to provide the department with …

26:2D-80. New-house testing The Department of Community Affairs is authorized to enter into an agreement with a public or private agency to carry out testing for radon gas and radon progeny at the sites of residential dwellings, the construction of which is in progress or commenc…

26:2D-81. Findings, declarations The Legislature finds and declares that: Tanning facilities are not regulated by the State of New Jersey and the number of tanning facilities is rapidly growing throughout the State; various physical complications can arise from frequent and unsup…

26:2D-82. "Tanning facility" defined As used in this act: "tanning facility" means any location, place, area, structure or business that, either as a sole service or in conjunction with other services, provides patrons with access to sunlamps, ultraviolet lamps or other equipment…

26:2D-82.1 Restrictions on use of tanning facilities by minors. 1. a. A tanning facility operator shall not permit a person who is under 17 years of age to use a tanning facility, except as provided in paragraph (1) of subsection b. of this section. b. (1) A tanning facility oper…

26:2D-83 Minimum safety standards for tanning facilities established. 3. The Commissioner of Health, in consultation with the Commissioner of Environmental Protection, shall, by regulation, establish minimum safety standards for tanning facilities. The standards shall include, bu…

26:2D-84. Compliance with safety standards; certification, periodic inspections The local board of health in the municipality in which a tanning facility is located shall certify that a facility is in compliance with the safety standards established pursuant to section 3 of this …

26:2D-85 "Non-Ionizing Radiation Fund." 5. There is established in the Department of Health a nonlapsing revolving fund known as the "Non-Ionizing Radiation Fund." The fund shall be credited with all fees collected pursuant to this act. Interest on monies in the fund shall be cre…

26:2D-86 Tanning facility; annual registration, fee. 6. a. A tanning facility shall register annually with the Department of Health on forms provided by the department and shall pay to the department an annual registration fee. b. The Department of Health shall establish a regist…

26:2D-87 Violations, penalties. 7. A person who violates the provisions of P.L.1989, c.234 (C.26:2D-81 et seq.) and P.L.2006, c.48 (C.26:2D-82.1 et al.) is subject to a penalty of $100 for the first offense and $200 for each subsequent offense, except that a tanning facility oper…

26:2D-88 Rules, regulations. 8. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Health, in consultation with the Commissioner of Environmental Protection, shall promulgate rules and regulations necessary to carry ou…

26:2D-89 Report to Governor, Legislature. 4. The Commissioner of Health shall report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), no later than two years after the effective date of P.L.2013, c.39, on the number and details of v…

26:2D-9. Duties of department The department shall: (a) Administer this act and codes, rules or regulations promulgated by the commission; (b) Provide the commission with the necessary personnel required to carry out its duties; (c) Develop comprehensive policies and programs for…

26:2D-9.1. Agreements with federal government; assumption of regulatory authority by state The Governor, on behalf of the State, may enter into agreements with the Federal Government providing for discontinuance by the Federal Government and assumption by the State of the authori…

26:2D-9.2. Agreements with federal government or other states or agencies; performance of functions on co-operative basis The department may (a) enter into agreements, subject to the approval of the Governor, with the Federal Government, other States or interstate agencies to per…