Title 26, Title 26: HEALTH AND VITAL STATISTICS

26:2C-8.50 Percentage of ultra-low sulfur diesel fuel required on-road. 25. a. (Deleted by amendment, P.L.2006, c.94). b. No sooner than July 15, 2006, and following a public hearing held by the Department of Environmental Protection on the availability of ultra-low sulfur diesel…

26:2C-8.51 Inapplicability relative to farm vehicles, equipment. 26. No provision of P.L.2005, c.219 (C.26:2C-8.26 et al.) shall be construed to apply to any vehicle or equipment used on, or in the course of the operation of, a farm or to any vehicle or equipment used for any agr…

26:2C-8.52 Violations, penalties. 27. a. Whenever the Commissioner of Environmental Protection finds that a person has violated a provision of P.L.2005, c.219 (C.26:2C-8.26 et al.), or any rule or regulation adopted pursuant thereto, the commissioner may: (1) Levy a civil adminis…

26:2C-8.53 "Diesel Risk Mitigation Fund"; money credited, use. 28. a. There is established in the Department of the Treasury a special, nonlapsing fund to be known as the "Diesel Risk Mitigation Fund." The fund shall be administered by the State Treasurer and shall be credited wi…

26:2C-8.54 Allocation of moneys in fund, application for reimbursement. 29. a. Moneys in the fund shall be allocated and used to provide reimbursement to the owners of regulated vehicles or regulated equipment for 100% of the costs of the purchase and installation of the retrofit…

26:2C-8.55 Rules, regulations relative to filing requirements for reimbursement. 30. a. The State Treasurer shall adopt, in consultation with the Department of Environmental Protection, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules an…

26:2C-8.56 Denial of application for reimbursement. 31. a. The State Treasurer may deny an application for reimbursement from the fund, and any reimbursement from the fund may be recoverable by the State Treasurer, upon a finding that: (1) the owner of a regulated vehicle or regu…

26:2C-8.57 Prohibitions relative to certain retrofitting of diesel-powered vehicles. 1. No person shall retrofit any diesel-powered vehicle with any device, smoke stack, or other equipment which enhances the vehicle's capacity to emit soot, smoke, or other particulate emissions, …

26:2C-8.58 "Electric School Bus Program" implemented. 1. a. No later than six months after the effective date of P.L.2022, c.86 (C.26:2C-8.58 et al.), the Department of Environmental Protection shall implement a three-year "Electric School Bus Program" to determine the operationa…

26:2C-9. Department's duties relative to air pollution control; fees 9. a. The department shall conduct ambient air quality tests, on at least a monthly basis and wherever possible in conjunction with the county college or other county facility, which are representative of every …

26:2C-9.1. Interference with performance of duties; entrance to premises No person shall obstruct, hinder or delay, or interfere with by force or otherwise, the performance by the department or its personnel of any duty under the provisions of this act, or of the act of which thi…

26:2C-9.2. Regulation of equipment, control apparatus 13. a. No person shall construct, reconstruct, install, or modify equipment or control apparatus and then use or cause to be used that equipment or control apparatus except in accordance with P.L.1954, c.212 (C.26:2C-1 et seq.…

26:2C-9.3. Findings, declarations, determinations 1. The Legislature finds and declares that to enhance and improve the quality of the environment and to protect and foster the public health of the citizens of New Jersey it is altogether fitting and proper to allow private entiti…

26:2C-9.4. Construction, etc., of air pollution control equipment during pendency of permit application 2. Except where specifically prohibited under the federal "Clean Air Act" (42 U.S.C. s.7401 et seq.) pursuant to (a) 42 U.S.C. s.7502 for new or modified major stationary sourc…

26:2C-9.5 Emission fees. 5. a. (1) Each major facility shall pay to the department a fee or fees as calculated pursuant to this subsection and subsection d. of this section. The per-ton emission fees shall be based on the actual annual emissions of each regulated air contaminant,…

26:2C-9.6. Dedication, appropriation of revenues 6. Pursuant to the mandate of the federal Clean Air Act, all revenues collected pursuant to section 5 of P.L.1995, c.188 (C.26:2C-9.5) shall be dedicated and appropriated annually solely for use by the department in administering t…

26:2C-9.7. Annual report on air quality 7. On or before March 1, 1996, and annually thereafter, the department shall prepare and submit to the Governor and the Legislature an annual report on the status of New Jersey's air quality, New Jersey's progress toward attainment with the…

26:2C-9.8 Rules, regulations; fees. 8. a. Within 90 days after the effective date of this act, the department shall propose, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations that establish emissions trad…

26:2D-1. Short title This act shall be known and may be cited as the "Radiation Protection Act." L.1958, c. 116, p. 592, s. 1.

26:2D-10. Prevention of exposure to unnecessary radiation All sources of radiation shall be shielded, transported, handled, used and kept in such manner as to prevent all users thereof and all persons within effective range thereof from being exposed to unnecessary radiation. L.1…

26:2D-11.1. Embargo of articles with radiation hazards; tagging; prohibition of use, sale or disposal, or impoundment; disposal or return; conditions Notwithstanding any other remedy available to the department, whenever an agent of the department finds or has probable cause to b…

26:2D-11.2. Embargo; hearing; stay; conditions Any person aggrieved by an embargo imposed under the provisions of this act who shall apply therefor within 30 days after the imposition of such embargo, shall be granted a hearing before the department. Pending the determination by …

26:2D-12. Emergency orders; hearing Whenever the department finds that an emergency exists requiring immediate action to protect the public health or welfare, it may issue an order reciting the existence of such an emergency and requiring that such action be taken as it deems nec…

26:2D-13. Actions to prevent violations; injunctions; penalties The department may bring a civil action in the Superior Court to prevent the violation of the provisions of this act or codes, rules or regulations promulgated by the commission and orders of the department and said …

26:2D-14. Service of notice Any notice, order or other instrument issued pursuant to this act may be served personally or by mailing a copy thereof by certified mail directed to the person or legal entity affected. L.1958, c. 116, p. 596, s. 14.

26:2D-15. Existing remedies not impaired No existing civil or criminal remedy for any action which is a violation of any code, rule or regulation of the commission shall be excluded or impaired by this act. L.1958, c. 116, p. 596, s. 15.

26:2D-16. Review Any code, or rule or regulation of the commission or determination or finding of the department shall be reviewable in the Superior Court by a proceeding in lieu of prerogative writ. L.1958, c. 116, p. 596, s. 16.

26:2D-17. Approval of local regulations No ordinance, resolution or regulation concerning unnecessary radiation adopted by any municipality, county or local board of health shall be effective until a certified copy of such ordinance or regulation has been submitted to the commiss…

26:2D-18. Radioactive materials; transportation or storage or detention pending transit; certificate of handling No person shall transport into or through the State, or store, hold or detain pending or during such transit, any of the following materials without first having obtai…

26:2D-19. Submission of information and issuance of certificate a. Any person seeking to obtain such a certificate shall submit to the department, not less than 7 business days prior to the storage or transporting of any of the materials specified in section 1 of this act, the fo…

26:2D-2. Definitions As used in this act, unless the context indicates another or different meaning or intent: (a) "Commission" means the Commission on Radiation Protection created pursuant to this act; (b) "Department" means the Department of Environmental Protection; (c) "Unnec…

26:2D-20. Discharge or threat of discharge of radioactivity; prevention or abatement; recovery of costs In the event of a discharge of radioactivity, or threat thereof, resulting from a radiation source in storage or transit in this State, the department may recover from any ship…

26:2D-21. Rules and regulations Without limiting or impairing in any way the powers heretofore provided by the act to which this act is a supplement, the commission is hereby empowered and directed to adopt, pursuant to the provisions of the "Administrative Procedure Act" P.L.196…

26:2D-22. Violations; penalties; crime of fourth degree; enforcement Any person who violates any provision of this act shall be liable to the penalties contained in P.L.1958, c. 116. Any person who violates any provision of this act shall be guilty of a crime of the fourth degree…

26:2D-23. Obstruction, hindrance, delay or interference of personnel of department in performance of duties No person shall obstruct, hinder, delay or interfere with, by force or otherwise, the performance by the department, its personnel or any of its authorized agents of any du…

26:2D-23.1. Radioactive materials prohibited from transportation or storage in transit It shall be unlawful for any person to transport or store in transit the following radioactive materials in any county in New Jersey which has an average population density exceeding 1,000 pers…

26:2D-23.2. Designation or definition of additional categories or subcategories The department may, pursuant to the "Administrative Procedure Act" P.L.1968, c. 410 (C. 52:14B-1 et seq.), designate or define any categories or subcategories of radioactive material covered under thi…

26:2D-23.3. Certificates of handling Notwithstanding the provisions of sections 1 and 2 of this act, the department may issue "certificates of handling" on a case-by-case basis for radioactive materials covered under this act: a. For compelling reasons involving urgent public pol…

26:2D-23.4. Violations; penalties Any person who violates the provisions of this act shall, in addition to any penalties imposed pursuant to section 13 of P.L.1958, c. 116 (C. 26:2D-13), have all certificates of handling in the possession of that person revoked and shall be ineli…

26:2D-24. Legislative findings and declarations The Legislature hereby finds and declares that the citizens of the State of New Jersey are entitled to the maximum protection practicable from the harmful effects of excessive and improper exposure to ionizing radiation; that the pr…

26:2D-25. Short title This act shall be known and may be cited as the "Radiologic Technologist Act." L.1981, c. 295, s. 2, eff. Oct. 9, 1981.

26:2D-26 Definitions. 3. As used in this act: a. "Board" means the Radiologic Technology Board of Examiners created pursuant to section 5 of P.L.1981, c.295 (C.26:2D-28). b. "License" means a certificate issued by the board authorizing the licensee to use equipment emitting ioniz…

26:2D-27 X-ray technologist licenses. 4. a. Except as hereinafter provided, no person other than a licensed practitioner or the holder of a license as provided in this act shall use x-rays on a human being. b. A person holding a license as a diagnostic x-ray technologist may use …

26:2D-27.1 Additional license required to operate hybrid fusion imaging technology; terms defined. 1. Notwithstanding any other provision of P.L.1981, c.295 (C.26:2D-24 et seq.) to the contrary, a licensed nuclear medicine technologist, upon obtaining an additional license pursua…

26:2D-27.2 Rules, regulations. 2. Within one year of the date of enactment of P.L.2013, c.119 (C.26:2D-27.1 et seq.), the Commission on Radiation Protection shall establish rules and regulations pursuant to the "Administrative Procedure Act" P.L.1968, c.140 (C.52:14B-1 et seq.), …

26:2D-28 Radiologic Technology Board of Examiners. 5. a. There is created a Radiologic Technology Board of Examiners which shall be an agency of the Commission on Radiation Protection in the Department of Environmental Protection and which shall report to the commission. The boar…