S2061

An Act establishing a registration and training program for commercial applicators of substances for snow and ice removal, and supplementing Title 58 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. The Legislature finds and declares that the runoff of substances used for snow and ice removal may adversely impact water resources and water quality in the State; that aggressive use of these materials may result in excessive application of deicing materials beyond that which is required for clearing driveways, roadways, sidewalks, and other areas requiring deicing; and that training and registration of commercial applicators of deicing materials would result in both cost savings for commercial applicators and protection of the State’s water resources from unnecessary contamination from runoff containing excessive amounts of deicing substances.

The Legislature therefore determines it is in the best interest of the public to establish a training and registration program within the Department of Environmental Protection for commercial applicators of deicing materials used for snow and ice removal.

2. As used in this section:

“Commercial applicator” means an individual who applies deicer for hire, not including a municipal, State, or other governmental employee.

“Commissioner” means the Commissioner of Environmental Protection.

“Deicer” means any substance used to melt snow or ice, or used for preventing or reducing the accumulation of snow or ice on surfaces traveled by pedestrians and vehicles.

“Department” means the Department of Environmental Protection.

“Owner” means a person who owns or leases private property and hires, or enters into an agreement or written contract with, a commercial applicator for the removal of snow or ice on the property, or for an application of substances to reduce or prevent the accumulation of snow and ice on the property on which the owner is liable for reducing the risk of injury.

“Registered commercial applicator” means a commercial applicator who is registered by the Department of Environmental Protection pursuant to section 3 of this act.

“Registration program” means the program developed and implemented pursuant to section 3 of this act.

“Third party training provider” means a community college, vocational school, university, or other educational institution certified to provide the training specified by the Department of Environmental Protection pursuant to section 3 of this act.

3. a. The Department of Environmental Protection shall develop and implement a voluntary commercial applicator deicer training and registration program. The program shall provide, and establish criteria, for training commercial applicators in methods for snow and ice removal and deicer applications that are effective and that protect water quality.

b. The department shall certify third party training providers and programs at community colleges, vocational schools, universities, or other educational institutions in the State qualified to provide the training specified by the department. In order to register, department shall require a commercial applicator to successfully complete training and pass an examination established by the department in cooperation with the applicable third party training provider, and notify the department thereof.

c. A commercial applicator who successfully completes a training program and passes the required examination pursuant to subsection b. of this section, may register with the department. The department shall establish a registration process, and may require that an applicant for registration provide documentation demonstrating successful completion of training and examination by a certified third party training provider. The department may require periodic continuing training in order to update a registration. The department may charge fees to pay for the costs of the program.

d. The department shall maintain and publish on the department’s website lists of the following:

(1) certified training providers and programs;

(2) companies that employ or contract with registered commercial applicators; and

(3) sole proprietors who are registered commercial applicators.

4. a. Notwithstanding any other law, or any rule or regulation adopted pursuant thereto to the contrary, a registered commercial contractor shall not be liable for damages arising from a hazard resulting from the accumulation of snow or ice on any private property maintained by the registered commercial applicator in accordance with the methods for snow and ice removal and deicer application taught in a training program certified by the department pursuant to section 3 of this act.

b. The limits on liability established pursuant to subsection a. of this section shall not apply to a commercial applicator who is not registered with the department pursuant to this act. The limits on liability shall also not apply to a registered commercial applicator who:

(1) commits an act or omission involving reckless or wanton conduct or intentional misconduct and the act or omission causes injury, damage, or death;

(2) intentionally injures a person entering onto the private property maintained or treated by the registered commercial applicator; or

(3) fails to use methods of snow or ice removal or deicer applications taught in the training program certified by the department pursuant to section 3 of this act and successfully completed by the registered commercial applicator.

5. a. Each registered commercial applicator shall maintain the following records:

(1) a copy of the registered commercial applicator’s registration issued by the department;

(2) documentation of successful completion of the certified training, the passage of the required examination, any required updates to the training, and the department’s approval of the documentation;

(3) a written record of dates of service, methods of snow or ice removal used, types and amounts of deicer applications, and a description of the property where the methods or applications were used and the work done there; and

4) proof of compliance with the reporting requirements established in subsection b. of this section.

b. A registered commercial applicator shall retain the records required in paragraphs (3) and (4) of subsection a. of this section for a minimum of three years from the date of service or the date of the report, as applicable. No later than July 1 of each year, a registered commercial applicator shall report to the department on a form as required by the department the information required in paragraph (3) of subsection a. of this section for the preceding year.

c. If the department determines that the registered commercial applicator has not complied with the requirements of this act or has knowingly made a false statement, representation, or certification in any documents or information required to be submitted to the department, or in any records required to be maintained pursuant to this act, the department may suspend or revoke, after a hearing, the registration of the commercial applicator, as provided in section 6 of this act.

6. a. Whenever the department determines that a registered commercial applicator has violated this act, or any rule or regulation adopted pursuant thereto, as provided in subsection c. of section 5 of this act, the department may suspend or revoke the registration of the registered commercial applicator after a hearing at which the registered commercial applicator may contest the revocation.

b. (1) The department may not suspend or revoke the registration until the registered commercial applicator has been notified by certified mail or personal service. The notice shall: (a) identify the statutory or regulatory basis of the violation; (b) identify the specific act or omission constituting the violation; (c) identify the registration to be suspended or revoked; and (d) affirm the right of the registered commercial applicator to a hearing on any matter contained in the notice and the procedures for requesting a hearing.

(2) The registered commercial applicator shall have 35 days from receipt of the notice within which to request a hearing on any matter contained in the notice, and shall comply with all procedures for requesting a hearing. Failure to submit a timely request or to comply with all procedures set forth by the department shall constitute grounds for denial of a hearing request.

(3) After a hearing and upon a finding that a violation has occurred, the department shall issue a final order suspending or revoking the registration. If the registered commercial applicator does not request a hearing or fails to satisfy the statutory and administrative requirements for requesting a hearing, the notice of intent to suspend or revoke the registration shall become final after the expiration of the 35-day period. If the department denies a hearing request, the notice of denial shall become a final order, suspending or revoking the registration upon receipt of the notice by the registered commercial applicator.

(4) Upon a determination of the department that the conduct of the registered commercial applicator is so egregious as to pose an imminent threat to public health, safety, or the environment, the department may suspend the registration prior to the outcome of the hearing. Any order issued by the department suspending or revoking a registration shall provide for the registered commercial applicator's obligations regarding the maintenance and preservation of records that may be required by the department.

7. The Commissioner of Environmental Protection, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to implement the provisions of this act.

8. This act shall take effect on the July 1 next following the date of enactment.

STATEMENT

This bill directs the Department of Environmental Protection (DEP) to develop and implement a voluntary commercial applicator deicer training and registration program and establish criteria for training commercial applicators in methods for snow and ice removal and deicer applications that are effective and protect water quality. The bill requires DEP to certify third party training providers and programs at community colleges, vocational schools, universities, or other educational institutions in the State qualified to provide the training specified by the department. The bill requires each commercial applicator to successfully complete training and pass an examination prior to registering with the DEP, and thereafter to update training and registration as required by the DEP.

Furthermore, the bill:

1) requires registered commercial applicators to maintain certain records and annually file certain reports;

2) establishes certain limits on liability for commercial applicators; and

3) provides for suspension or revocation of a commercial applicator registration for a violation of any provision of the bill, or for making a false statement, representation, or certification in any documents or information required to be submitted to the department, or in any records required to be maintained under the bill.

Finally, the bill authorizes the Commissioner of Environmental Protection to adopt rules and regulations necessary to implement the bill’s requirements.