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Terms Used In New Jersey Statutes 34:5A-10.1

  • person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
1. As used in this act:

“Child care center” means a child care center licensed pursuant to the provisions of P.L.1983, c.492 (C. 30:5B-1 et seq.);

“Hazardous substance” means any substance, or substance in a mixture, included on the hazardous substance list developed by the Department of Health pursuant to the “Worker and Community Right to Know Act,” P.L.1983, c.315 (C. 34:5A-1 et seq.).

“Hazardous substance” shall not include:

(1) Any article containing a hazardous substance if the hazardous substance is present in a solid form which does not pose any acute or chronic health hazard to any person exposed to it;

(2) Any hazardous substance constituting less than one percent of a mixture unless the hazardous substance is present in an aggregate amount of 500 pounds or more in a container in a public or private school or child care center building;

(3) Any hazardous substance which is a special health hazardous substance constituting less than the threshold percentage established by the Department of Health pursuant to P.L.1983, c.315 (C. 34:5A-1 et seq.), for that special health hazardous substance when present in a mixture;

(4) Any hazardous substance present in the same form and concentration as a product packaged for distribution and use by consumers and which is not a product intended primarily for commercial use;

(5) Any fuel in a motor vehicle;

(6) Tobacco or tobacco products;

(7) Wood or wood products;

(8) Foods, drugs, or cosmetics;

(9) Hazardous substances which are an integral part of a building’s structure or furnishings;

(10) Products which are personal property and are intended for personal use; and

(11) Any substance used in the routine maintenance of a public or private school or child care center building or its grounds, any substance used in a classroom science laboratory, any substance used in a school occupational training facility, including laboratories and shops, and any substance used in the normal operation of the classrooms or administrative offices of a public or private school or child care center, including any substance used in the heating or cooling of the school or child care center;

“Hazardous substance fact sheet” means the hazardous substance fact sheets prepared by the Department of Health pursuant to the “Worker and Community Right to Know Act,” P.L.1983, c.315 (C. 34:5A-1 et seq.);

“Public school or private school” has the same meaning as set forth in N.J.S. 18A:1-1

L.1997, c.364, s.1; amended 2012, c.17, s.399.