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Lawdoctor
Lawdoctor, Attorney
Category: Business Law
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Experience:  I have handled numerous business law cases during my career
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Is there a statue of limition a New Jersey State agency can

Resolved Question:

Is there a statue of limition a New Jersey State agency can issue a violation from the time of an inspection
Submitted: 5 years ago.
Category: Business Law
Expert:  Lawdoctor replied 5 years ago.
Dear Customer:

Thank you for trusting Just Answers to assist you with your question.

In order to give you the specific answer you need, your question will need to be clarified further.

What type of violation are you referring to, a zoning, permit code, traffic, etc? Any other information you deem important would be welcomed as well.

Thank you.
Customer: replied 5 years ago.
This was inspection done by a NJ Dept of Labor inspector on an asbestos abatement project. Inspection was done in June 2004 with no indication of a violation, received a letter of violation in July of 2005.
Expert:  Lawdoctor replied 5 years ago.
Dear Customer;

Thank you for the additional information.

The notification requirement is 10 days. If you have received a fine, then this should allow you to appeal the fine, for days over the 10 day mark. However, if there are no fines, but a requirement to abate and that there is a hazard, then, there is really no 'statute of limitations'. Asbestos is one of the worst health hazards in modern history and NJ is the grand central station of contamination. So, the state has a very good reason to be aggressive to find and eradicate asbestos contamination.

In New Jersey, the Department of Labor (DOL), Asbestos Control and Licensing Section, is responsible for regulating the management, transportation and disposal of asbestos containing materials. County health departments work with the DOL to investigate reports of unregistered transporters and illegal disposal. These departments also oversee submissions of notification of abatement activities.

 

The Department of Labor (DOL) is further responsible for licensing asbestos abatement contractors and issuing permits for asbestos abatement workers and supervisors employed by licensed contractors. In an effort to protect workers as well as the public, the DOL enforces asbestos regulations by conducting inspections of sites containing friable and non-friable asbestos. All sites in New Jersey, whether public, private, commercial or residential, are subject to the oversight and regulations of the DOL. The DOL regularly inspects the work of licensed contractors and their employees as well as investigating illegal abatement projects.


Asbestos is one of the most heavily controlled substances in America. The federal government and New Jersey state organizations work together to implement and enforce regulations regarding asbestos handling and disposal.

New Jersey regulations concerning handling of asbestos include specific guidelines regarding the handling, removal and disposal of materials containing more than 1% asbestos. Provisions include wetting the materials, packaging, sealing, labeling, record keeping and reporting.

 

In situations where the amount of asbestos material disturbed is less than 260 linear feet, 160 square feet or 35 cubic feet, New Jersey recommends that owners or operators contact the local county health department or district waste management officials to determine whether there are any local regulations by which they must abide.

In any case, all friable asbestos materials must be wet down before handling and bagged for curbside pickup to an authorized landfill by a registered transporter. If the size or shape of the material prevents bagging, it should be placed in a lined and sealed bulk container for transport.

 

It is the joint responsibility of the contractor and the owner or operator of the property to ensure that proper measures are being taken regarding transportation and disposal. An investigation of these procedures is advisable in advance of commencing any abatement project.

 

Here is a link with further information that you may need:

 

http://www.nj.gov/dep/dshw/rrtp/asbestos.htm

 

 

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be offline. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

 

 

Customer: replied 5 years ago.

I am an asbestos abatment contractor and having doing it for 30 years so a understand the rules and regs for abatement.

 

The questions was really a general one if state inspector does an inspection and say founds a violations is there a time limit to issue a violation from the time of the inspection.

Expert:  Lawdoctor replied 5 years ago.
There are really no time limited to issue the violation, however the fines and penalties don't accrue until notice is received. You understand the problems with asbestos and that a time limit does not stop the health hazards posed by the asbestos.

I am curious, the letter was sent in 2005, are they now trying to levy fines? Was the work done? If it was not and they are now looking at imposing sanctions on a notice sent out in 2005, you may have a problem with the compounding of penalties. If the letter was not received, then there was no notice and since the state has not contacted you since 2005, they failed to follow up and thus the penalties should be suspended until they can verify notification.

It sounds interesting. But I would not be so concerned about when the inspector issued the violation as whether notice was properly given and like I said, if this is something that is coming up now, since 2005, then you have a good case that there was never proper notice of the violation and thus penalties are not appropriate. They can still require the abatement, but you would have a good case to fight any fines or penalties.

As a contractor, you know the dangers of what you do, I have seen the ravages of asbestos in my practice. I was involved in the litigation back in the late 80's in Mississippi and it was a real wake up call to see what asbestos does to the human body. I know you take all precautions, but don't let your guard down.

Does this answer the question, if not, let me know and give me more information and I will continue to assist!

Have a wonderful evening.

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be offline. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

Lawdoctor, Attorney
Category: Business Law
Satisfied Customers: 1400
Experience: I have handled numerous business law cases during my career
Lawdoctor and 7 other Business Law Specialists are ready to help you

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