1.3 Contractor Licenses, Worker & Supervisor Permits, Training Records & 10-Day Notifications

1.3 Licenses, Permits, Training Records & 10-Day Notifications

Quick Answer: New Jersey uses three kinds of paperwork. First, the employer license (N.J.A.C. 12:120-4) costs $2,000 per year, is classed A (any asbestos work) or B (mechanical-system removal), and requires a permitted supervisor on site throughout each project. Second, the individual performance permit (N.J.A.C. 12:120-5) lasts one year, costs $100 (worker) or $150 (supervisor), and must be carried at the job site. Third, the project notification (N.J.A.C. 12:120-7) must be sent to NJDOL and NJDOH at least 10 calendar days before asbestos work begins, with a $200 fee. NJDOL's current notification form is the Notification of Asbestos Abatement (ASB-41).

The Employer License (N.J.A.C. 12:120-4)

No employer may perform, or contract with an owner to perform, the application, enclosure, removal, or encapsulation of asbestos without first obtaining a nontransferable NJDOL license (N.J.S.A. 34:5A-36). N.J.A.C. 12:120-4.3 through 4.5 set these eligibility rules:

• The employer must be at least 21 years old.
• The applicant must have completed the supervisor training course and passed the supervisor examination, and the firm must employ a job supervisor with a valid New Jersey supervisor permit.
• The application must include:
  • A certificate of insurance showing that the employer's entire New Jersey workers' compensation obligation is insured, naming both NJDOL Asbestos Control and Licensing and NJDOH as certificate holders.
  • A list of respiratory protective equipment and other abatement equipment, with serial numbers and proof of purchase.
  • All OSHA and EPA citations, all previous and pending civil and criminal litigation, and litigation under other laws.
  • A list of all asbestos projects from the past five years.
  • Standard operating procedures for respiratory protection, PPE, engineering controls, waste handling, decontamination, safety and emergency procedures, and detailed abatement procedures.
• Fees: $2,000 annual license fee (nonrefundable, paid by certified check or money order). A duplicate license costs $200. NJDOL may waive fees for documented significant financial hardship.
• Denial: A denied applicant may not reapply for one year.

License Classes

Displaying the License

• The license, or an NJDOL-issued duplicate, must be available at every work site for the Commissioners, the contracting agency, and the owner.
• An outdoor sign must read "LICENSED BY THE STATE OF NEW JERSEY FOR ASBESTOS WORK-LICENSE NUMBER ____" in letters not less than four inches tall.
• Commercial vehicles used for asbestos work must show the license number. All business correspondence must also display it.

License Performance Standards (N.J.A.C. 12:120-4.7)

Every licensee must ensure that asbestos work meets these standards:

1. Accepted engineering practices that protect health and the environment.
2. The federal NESHAP, 40 CFR 61 Subparts A and M.
3. New Jersey's non-hazardous waste regulations, N.J.A.C. 7:26.
4. The Asbestos Hazard Abatement Subcode, N.J.A.C. 5:23-8, in educational facilities and public buildings.

The licensee must also keep a permitted supervisor on site throughout the project, provide a final inspection with a thorough visual inspection and clearance air monitoring, and correct any violation of these standards at no additional charge to the customer. Clearance air samples may be analyzed by PCM for jobs of 160 square feet or less, or 260 linear feet or less, and each sample must show 0.01 f/cc or less. Larger jobs require TEM under 40 CFR 763.90(i)(3)-(4).

Suspension, Revocation, and Renewal

• A license may be suspended or revoked for incompetence, negligence, failure to comply with contract specifications, or any violation of the Act. It must be suspended or revoked for lending the license, debarment, unfitness, violations of an extreme nature, or violating an administrative order.
• A suspended or revoked contractor may not continue any asbestos work, including work in progress, bid, or under contract.
• Licenses expire one year after issuance and are cancelled automatically on the expiration date.
• Renewal applications are due at least 30 days before expiration, with the same $2,000 fee. All outstanding penalties must be paid first. An expired license is treated as a new application.

Worker and Supervisor Permits (N.J.A.C. 12:120-5)

Getting the Permit

1. Complete the NJDOH-certified worker course (4 days/28 hours) or supervisor course (5 days/35 hours). Complete the ASB-24 "Asbestos Trainee Evaluation" at the end of the course.
2. Pass the written NJDOH-approved exam (Pearson VUE) with at least 70% within one year of training.
3. Apply to NJDOL with:
   • Personal identifiers.
   • Course name, location, completion date, hours, and documentation.
   • Proof of passing the exam.
   • Two identical passport-size color photos against a white background, with the applicant's name printed on the back.
   • Employer information.
   • A $100 (worker) or $150 (supervisor) nonrefundable fee.
4. NJDOL issues a written permit showing issue and expiration dates, name and address, and a unique identification number. It is signed by the Commissioner of Labor.

Carrying and Protecting the Permit (N.J.A.C. 12:120-5.8)

• Workers and supervisors must have their permits available at the job site for inspection by NJDOL, NJDOH, and the contracting agency.
• Photostats, photographs, or reproductions are invalid. Tampered-with, altered, or defaced permits are void.
• Report a lost or stolen permit to NJDOL in writing immediately. A replacement requires a notarized request and costs $10 (worker) or $15 (supervisor).

Suspension and Revocation (N.J.A.C. 12:120-5.9)

NJDOL may suspend or revoke a permit for incompetence, negligence, or lending or abandoning the permit. It may do so immediately if there is imminent danger to the public or employees. Fraud in obtaining a supervisor permit invalidates every New Jersey asbestos permit the person holds.

Renewal (N.J.A.C. 12:120-5.10)

Training Agency Duties Candidates Should Know

NJDOH certifies training agencies annually. The rules require discipline-specific courses and interactive teaching, and they set instructor qualifications. For example, a qualified health professional teaches health effects, and an instructor with at least one year of New Jersey asbestos contractor or supervisor experience teaches hands-on sessions. Refresher courses must cover key health and safety practices, regulatory changes, new technologies and procedures, respiratory protection and medical surveillance, and a course review (N.J.A.C. 12:120-6.5 and 6.8).

The 10-Day Notification (N.J.A.C. 12:120-7)

Who Files, When, and Where

Every licensed employer that contracts to perform asbestos work in New Jersey must submit a written notification of intent at least 10 calendar days before beginning the work. The notice goes to both the NJDOL Asbestos Control and Licensing Section and NJDOH. It is not required for work exempt under N.J.A.C. 12:120-1.4(b), such as 3 feet or less of pipe ACM or roofing and siding outside demolition projects.

How the date is counted:

• The submission date is the U.S. Postal Service postmark date on the envelope.
• If the postmark is illegible or metered mail is used, the submission date is the date of receipt.
• A recognized USPS proof of mailing can establish an earlier date. An overnight courier's pickup date counts as a postmark.
• Fax is accepted only for emergencies.

What the Notice Must Contain

1. The licensee's name, address, and telephone number.
2. The license number and type of license (A or B).
3. The facility owner's name and address.
4. The facility's location and description.
5. A description of the asbestos work.
6. The starting and scheduled completion dates.
7. The name and address of the waste disposal site.
8. The name, address, and New Jersey waste hauler identification number of the registered hauler.
9. A $200 nonrefundable fee.
10. Any other information the Commissioners require.

When an Amended Notice Is Required

• The start date is delayed beyond the scheduled completion date on the original notice.
• The completion date will extend beyond the date on the original notice.
• The scope or description of the work changes.
• Any other required item changes.

Emergency Waiver of the 10 Days

NJDOL or NJDOH may allow less than 10 days' notice for true emergencies. The notifying party must:

1. Submit a written explanation from the facility owner or the owner's third-party environmental engineer to both Commissioners. It must describe the unexpected, sudden, serious, and urgent situation and the impact on the owner if no waiver is granted.
2. Send the full written notice by fax or express delivery.

Work may proceed only after a Commissioner determines that the emergency warrants a waiver and authorizes it. All other notice contents are still required.

Other Notices That May Apply

The state notice does not replace federal NESHAP notice. NESHAP notice goes to EPA Region 2 at least 10 working days in advance when renovation thresholds are met, and for all demolitions. On subcode projects, the owner also notifies DCA. See Sections 1.4 and 2.1.

Exam Traps

• Calendar days versus working days: The state notice to NJDOL and NJDOH counts calendar days. The federal NESHAP notice counts working days. They are different clocks.
• Postmark rule: The state notice is judged by the postmark date, not by the date the department receives it, unless the postmark is illegible or metered mail was used.
• ASB-24 versus ASB-41: The ASB-24 is the trainee's training record. The ASB-41 is the contractor's project notification form.
• Photocopied permits: A photocopy of a permit is invalid at the job site.

Compliance Scenario

A licensed contractor mails a notification, postmarked November 2, for a Linden pipe insulation job scheduled to start November 15. On November 5 the plant asks the crew to start on November 8.

• Starting on November 8 would begin asbestos work only 6 calendar days after the postmark. That violates the 10-calendar-day rule in N.J.A.C. 12:120-7.2(a).
• A production-schedule change is not an emergency. It is not a sudden, serious, and urgent situation, so the fax-waiver route is not available.
• A changed start date is a changed notice element, so the contractor must file an amended notification and must not begin work until the notice timing is satisfied.
• Failure to meet notification requirements is a listed ground for civil administrative penalties against the employer (N.J.A.C. 12:120-3.5(a)).