Industrial Site Recovery Act (ISRA)

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Standard Industrial Classification Numbers Subject to ISRA
11/97

The Department has received a number of requests regarding the Standard Industrial Classification (SIC) numbers covered by the Industrial Site Recovery Act (ISRA), N.J.S.A. 13:1K. (Please note that ISRA amends and replaces the Environmental Cleanup Responsibility Act (ECRA)). In response to these requests, attached is the definition of an Industrial Establishment. An industrial establishment is the type of business that the Department has the authority to regulate pursuant to ISRA. The definition includes the major group SIC numbers (2 digit) which are subject to the Act. All other major group SIC numbers not falling within this designation are not subject to ISRA. In addition, following the definition is a listing of the covered major group SIC numbers along with the description of that group as provided in the SIC Manual. Also included is a listing of specific industry numbers (4 digit) which fall within the covered major group numbers, but have subsequently been exempted under the Environmental Cleanup Responsibility Act (ECRA) pursuant to the "Administrative Procedure Act".

N.J.S.A. 13:1K-8 DEFINITIONS.

"Industrial establishment" means any place of business engaged in operations which involve the generation, manufacture, refining, transportation, treatment, storage, handling, or disposal of hazardous substances or hazardous wastes on-site, above or below ground, having a Standard Industrial Classification number within 22-39 inclusive, 46-49 inclusive, 51 or 76 as designated in the Standard Industrial Classifications Manual prepared by the Office of Management and Budget in the Executive Office of the President of the United States. Those facilities or parts of facilities subject to operational closure and post-closure maintenance requirements pursuant to the "Solid Waste Management Act," P.L.1970, c.39 (N.J.S.A. 13:1E-1 et seq.), the "Major Hazardous Waste Facilities Siting Act," P.L.1981, c.279 (N.J.S.A. 13:1E-49 et seq.) or the "Solid Waste Disposal Act"(42 U.S.C. 6901 et seq.), or any establishment engaged in the production or distribution of agricultural commodities, shall not be considered industrial establishments for the purposes of this act. The Department may, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (N.J.S.A. 52:14B-1 et seq.), exempt certain sub-groups or classes of operations within those sub-groups within the Standard Industrial Classification major group numbers listed in this subsection upon a finding that the operation of the industrial establishment does not pose a risk to public health and safety.

SIC MAJOR GROUP NUMBERS SUBJECT TO ISRA

DIVISION D: Manufacturing

7:26B-2.1(c) The following subgroups or classes of operations within those subgroups in the Standard Industrial Classification major group numbers 22-39 inclusive, 46-49 inclusive, 51 or 76 are exempt from the provisions of this chapter: