reglab/housing_qa huggingface dataset:
NJ Rev Stat § 26:2C-14.1 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2C-14.1 - Hearing on request; final order

26:2C-14.1. Hearing on request; final order  Any person aggrieved by an order of the department has 20 days from receipt of the order within which to deliver to the commissioner a written request for a hearing. Subsequent to the hearing, if requested, and upon a finding that a violation has occurred, the commissioner may issue a final order to cease the violation and assessing the amount of the fine specified in the order. If no hearing is requested, the order is a final order upon the expiration of the 20 day period. Payment of the penalty is due when a final order is issued or when the order becomes a final order. The authority to levy a civil administrative penalty is in addition to all other enforcement provisions in P.L. 1954, c. 212 (C. 26:2C-1 et seq.), and the payment of a civil administrative penalty does not affect the availability of any other enforcement provision in connection with the violation for which the penalty is levied. Pending the determination by the department and upon application therefor the department may stay the operation of such order upon such terms and conditions as it may deem proper.  L. 1962, c. 215, s. 9. Amended by L. 1985, c. 12, s. 3, eff. Jan. 22, 1985.
NJ Rev Stat § 26:2C-16 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2C-16 - Evidence at hearing; transcript

26:2C-16. Evidence at hearing; transcript  The testimony taken at any hearing shall be under oath and recorded stenographically, but the parties shall not be bound by the strict rules of evidence prevailing in the courts of law and equity. True copies of any transcript and of any other record made of or at such hearing shall be furnished to any party thereto upon request and at his expense. L.1954, c. 212, p. 785, s. 16. Amended by L.1962, c. 215, s. 8.
NJ Rev Stat § 26:2C-17 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2C-17 - Hearings before department

26:2C-17. Hearings before department  Any hearing required by this act to be held before the department shall be held before the State Commission of Health, or a member of the department designated by him, who shall have power to subpoena witnesses and compel their attendance, administer oaths and require the production for examination of any books or papers relating to any matter under investigation in any such hearing. The department, at the request of any respondent to a complaint made by it, or to it, pursuant to this act, shall subpoena and compel the attendance of such witnesses as the respondent may designate and require the production for examination of any books or papers relating to any matter under investigation in any such hearing. L.1954, c. 212, p. 785, s. 17.
NJ Rev Stat § 26:2C-19.1 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2C-19.1 - Findings, declaration

26:2C-19.1. Findings, declaration  1. The Legislature finds that equipment in facilities regulated by the "Air Pollution Control Act (1954)," P.L.1954, c.212, may malfunction or fail to perform optimally, even when carefully maintained and operated; that violations of the act may occur due to an unforeseeable and unavoidable malfunction, during equipment start-up or shut-down, or during necessary equipment maintenance due to the inherently intricate nature of mechanical equipment; and that these violations should not be accorded penalties as long as any resulting air emission causes no potential threat to the public health, welfare or the environment. The Legislature therefore finds and declares that it is the policy of this State to protect the public health, welfare and the environment, to promote the careful operation and maintenance of equipment in facilities regulated by the "Air Pollution Control Act (1954)," and to reduce the unnecessary burden of monetary penalties for violations caused by a non-recurring equipment malfunction, equipment start-up, or equipment shut-down or during necessary equipment maintenance by providing an affirmative defense to liability for penalties when a facility is operated and maintained carefully, when all reasonable steps are taken to minimize emission levels caused by a violation, and when the emissions do not cause a potential threat to the public health, welfare or the environment.  L.1993,c.89,s.1.
NJ Rev Stat § 26:2C-19.2 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2C-19.2 - Entitlement to affirmative defense

26:2C-19.2. Entitlement to affirmative defense  2. a. A person shall be entitled to an affirmative defense to liability for penalties for a violation of a condition, emission rate, limit, or standard, required pursuant to a permit issued pursuant to P.L.1954, c.212 (C.26:2C-1 et seq.) or a violation of any rule or regulation adopted pursuant to P.L.1954, c.212, when the violation occurs as a result of an equipment malfunction, an equipment start-up, or an equipment shut-down, or during the performance of necessary equipment maintenance. A person shall be entitled to this affirmative defense only if the person complies with the provisions of subsection b. of this section.  b. A person asserting an affirmative defense pursuant to subsection a. of this section shall notify the department of the violation by 5:00 p.m. of the second full calendar day following the occurrence, or if due diligence was exercised to discover the violation, by 5:00 p.m. of the second full calendar day after becoming aware of the occurrence, and, within 30 days thereof, shall submit written documentation on the circumstances of the violation and demonstrating as applicable, that:  (1) the violation occurred, and was caused by an equipment malfunction, an equipment start-up, or an equipment shut-down, or during the performance of necessary equipment maintenance, as applicable;  (2) the facility was being operated with due care; (3) the violation did not result from operator error or failure to maintain the equipment with due care;  (4) the person has taken all reasonable steps to minimize levels of emissions caused by the violation; and  (5) with respect to violations caused by a malfunction, the malfunction is not a part of a recurrent pattern.  L.1993,c.89,s.2.
NJ Rev Stat § 26:2C-19.3 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2C-19.3 - No entitlement to affirmative defense

26:2C-19.3. No entitlement to affirmative defense  3. A person shall not be entitled to an affirmative defense to liability pursuant to section 2 of P.L.1993, c.89 (C.26:2C-19.2) for any violation that causes the presence in the outdoor atmosphere of one or more air contaminants in a quantity or concentration which poses a potential threat to public health, welfare or the environment.  L.1993,c.89,s.3.
NJ Rev Stat § 26:2C-19.4 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2C-19.4 - Construction of act

26:2C-19.4. Construction of act  4. Nothing in P.L.1993, c.89 (C.26:2C-19.1 et seq.) shall be construed to limit or alter the responsibility of a person who causes a release of air contaminants to notify the department immediately as required pursuant to subsection e. of section 19 of P.L.1954, c.212 (C.26:2C-19).  L.1993,c.89,s.4.
NJ Rev Stat § 26:2C-19.5 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2C-19.5 - Rules, regulations; unavailability of affirmative defense

26:2C-19.5. Rules, regulations; unavailability of affirmative defense  5. a. The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations that establish limitations upon the maximum frequency and duration of violations resulting from equipment malfunctions, equipment start-ups, equipment shut-downs, and the performance of necessary equipment maintenance operations for which an affirmative defense may be asserted pursuant to section 2 of P.L.1993, c.89 (C.26:2C-19.2). The limitations shall be based upon the operating history of similar sources on an industry basis.  b. The affirmative defense established pursuant to section 2 of P.L.1993, c.89 (C.26:2C-19.2), shall not be available with respect to violations arising from equipment malfunctions, equipment start-ups, or equipment shut-downs, or during necessary equipment maintenance operations, that occur more frequently or persist for a longer duration than the maximum limitations established pursuant to subsection a. of this section.  L.1993,c.89,s.5.
NJ Rev Stat § 26:2C-20 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2C-20 - Review

26:2C-20. Review  Review of any final decision or action by the department shall be by procedure in lieu of prerogative writs. Review of the validity of any code, rule or regulation promulgated by the department shall likewise be by procedure in lieu of prerogative writs. L.1954, c. 212, p. 787, s. 20. Amended by L.1967, c. 106, s. 9, eff. June 15, 1967.
NJ Rev Stat § 26:2C-21 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2C-21 - Existing remedies not impaired

26:2C-21. Existing remedies not impaired  No existing civil or criminal remedy for any wrongful action which is a violation of any code, rule or regulation of the commission shall be excluded or impaired by this act. L.1954, c. 212, p. 787, s. 21.
NJ Rev Stat § 26:2C-23 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2C-23 - Functions of Department of Health not impaired

26:2C-23. Functions of Department of Health not impaired  The powers, duties and functions vested in the State Department of Health under the provisions of this act shall not be construed to affect in any manner the powers, duties and functions vested in the State Department of Health under any other provisions of law. L.1954, c. 212, p. 785, s. 23.
NJ Rev Stat § 26:2C-24 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2C-24 - Clean air scholarship intern program

26:2C-24. Clean air scholarship intern program  (a) There is hereby established a Clean Air Scholarship Intern Program. (b) The Commissioner of the Department of Environmental Protection may provide for the payment of room, board, tuition and fees for eligible persons to attend any accredited college or university authorized by the commissioner as a regular student to receive an engineering degree or a degree with a major in the biological, physical or environmental sciences satisfactory to the commissioner until the eligible person satisfactorily completes 4 scholastic years. (c) To be eligible for the Clean Air Scholarship Intern Program a person must: (1) Be a citizen of the United States and the State of New Jersey; (2) Be a high school graduate or have an equivalent education; (3) Have been accepted for admission to the accredited college or university authorized by the commissioner as a regular student and accepted in said college or university to pursue a course of instruction satisfactory to the commissioner; (4) Contract, with the consent of his parent or legal guardian if he is a minor, with the commissioner or his designated representative, to serve with the Department of Environmental Protection for a period of 3 years following graduation and further, to serve with the Department of Environmental Protection during the regular periods of summer vacation except for such vacation periods as the commissioner shall establish by regulation and provided further that the department shall not be liable to pay wages to said student during said vacation periods. (d) The appointments made by the commissioner hereunder shall be subject to available appropriations and shall be awarded on a competitive basis. (e) The Scholarship Intern Program shall be administered by the commissioner under such regulations as the commissioner shall prescribe. L.1967, c. 106, s. 14, eff. June 15, 1967. Amended by L.1970, c. 274, s. 1, eff. Nov. 5, 1970.
NJ Rev Stat § 26:2C-25 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2C-25 - Graduate study program

26:2C-25. Graduate study program  The commissioner, subject to available appropriations and grants from other sources, may provide within the Department of Health for a program of graduate study for eligible persons to attend any accredited graduate program at a college or university in order to further the training of personnel for the purposes of administering this act. Said graduate program shall be administered by the commissioner under such regulations as the commissioner shall prescribe. L.1967, c. 106, s. 15, eff. June 15, 1967.
NJ Rev Stat § 26:2C-25.1 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2C-25.1 - Small Business Compliance Advisory Panel

26:2C-25.1. Small Business Compliance Advisory Panel  11. For the purposes of complying with the federal Clean Air Act, there is created in the Department of Environmental Protection a Small Business Compliance Advisory Panel. a. The Small Business Compliance Advisory Panel shall consist of seven members, as follows: (1) two members, appointed by the Governor, who shall represent the general public and shall not be owners, or representatives of owners, of small business stationary sources; (2) four members who shall own a small business stationary source or represent owners of small business stationary sources, of whom one each shall be appointed respectively by the President of the Senate, the Speaker of the General Assembly, the Senate Minority Leader, and the Assembly Minority Leader; and (3) one member who shall be appointed by the Commissioner of Environmental Protection as the commissioner's representative. b. (1) Members of the panel shall: (a) serve for two-year terms; (b) annually elect, by majority vote of the full membership of the panel, a chairperson and a vice-chairperson; and (c) serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. (2) The panel shall meet at least four times per year. c. It shall be the responsibility of the panel to: (1) render advisory opinions to the Commissioner of Environmental Protection concerning the effectiveness of the department's program for assisting small business stationary sources with technical and environmental compliance issues with respect to air pollution control, as required pursuant to 42 U.S.C. 7661f of the federal Clean Air Act, and concerning air pollution control requirements, permitting, and enforcement pertaining to small business; (2) make periodic reports to the Commissioner of Environmental Protection and the Administrator of the United States Environmental Protection Agency concerning compliance of the State's air pollution control program with the requirements of the federal "Paperwork Reduction Act" (44 U.S.C. 3501 et seq.), the federal "Regulatory Flexibility Act" (5 U.S.C. 601 et seq.), and the federal "Equal Access to Justice Act" (5 U.S.C. 504 et seq. and 28 U.S.C. 2412 et seq.) as they relate to small business; (3) review information and air pollution control permit applications provided to small business stationary sources to assure that the information and applications are understandable to the layperson; and (4) determine if the department provides for the development and dissemination of those advisory opinions and reports issued in accordance with the provisions of this section. L.1995,c.188,s.11.
NJ Rev Stat § 26:2C-25.2 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2C-25.2 - Industry, environmental work groups

26:2C-25.2. Industry, environmental work groups  12. The department shall establish industry and environmental work groups as appropriate to consult on matters relating to the regulation of air pollution sources. The work groups shall consist of members of industry, environmental, and other interested and affected parties as may be deemed appropriate by the department. Within 90 days after the effective date of P.L.1995, c.188 (C.26:2C-9.5 et al.), the department shall also establish an industry and environmental work group to evaluate the effects of emissions reductions on emission fee revenues and the resultant impact on the department's air pollution control program. As part of the 1997 annual report required pursuant to section 7 of P.L.1995, c.188 (C.26:2C-9.7), the fee work group shall present its evaluation and a recommendation on alternatives to funding the department's air pollution control program other than through an increase in emission fees. The fee work group shall also make such evaluations and recommendations concerning fee revenues and supplemental surcharge revenues as required pursuant to section 5 of P.L.1995, c.188 (C.26:2C-9.5). L.1995,c.188,s.12.
NJ Rev Stat § 26:2C-26 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2C-26 - Short title

26:2C-26. Short title  This act shall be known and may be cited as the "Air Pollution Emergency Control Act (1967)." L.1967, c. 108, s. 1, eff. June 15, 1967.
NJ Rev Stat § 26:2C-27 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2C-27 - Legislative findings

26:2C-27. Legislative findings  The Legislature finds and declares that air pollution may at certain times and in certain places so seriously affect the health of the public and so directly threaten the lives of large portions of the population as to warrant the provision of emergency powers as in this act provided to prevent or minimize disasters of unforseeable proportions. L.1967, c. 108, s. 2, eff. June 15, 1967.
NJ Rev Stat § 26:2C-28 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2C-28 - "Area" defined

26:2C-28. "Area" defined  As used in this act "area" means and refers not only to that portion or portions of the State as shall be described in the air pollution emergency declaration of the Governor but also to any other portion or portions of the State where activities are carried on which contribute or may contribute to the air pollution emergency in the portion or portions of the State described in the Governor's declaration. L.1967, c. 108, s. 3, eff. June 15, 1967.
NJ Rev Stat § 26:2C-29 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2C-29 - Air pollution emergency; determination

26:2C-29. Air pollution emergency; determination  If the State Commissioner of Health determines at any time that air pollution, in any county, locality, place or other area in the State constitutes an unreasonable and emergency risk to the health of those present within said area of the State, such determination shall be communicated in writing, with the factual findings on which such determination is based, to the Governor; the commissioner may delegate in writing to any employee of the department the power to make such determination and deliver the same to the Governor in the absence of the commissioner from the State. Upon being so advised the Governor may by proclamation declare, as to all or any part of said area mentioned in the aforesaid determination, that an air pollution emergency exists, and upon making such declaration the Governor shall have the following powers which he may exercise in whole or in part by the issuance of an order or orders: (a) To prohibit, restrict or condition motor vehicle travel of every kind, including trucks and buses, in the area; (b) To prohibit, restrict or condition the operation of retail, commercial, manufacturing, industrial, or similar activity in the area; (c) To prohibit, restrict or condition operation of incinerators in the area; (d) To prohibit, restrict or condition the burning or other consumption of any type of fuel in the area; (e) To prohibit, restrict or condition the burning of any materials whatsoever in the area; (f) To prohibit, restrict or condition any and all other activity in the area which contributes or may contribute to the air pollution emergency. L.1967, c. 108, s. 4, eff. June 15, 1967.
NJ Rev Stat § 26:2C-30 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2C-30 - Proclamation by Governor

26:2C-30. Proclamation by Governor  The declaration by proclamation of the Governor of an air pollution emergency and any order issued by the Governor pursuant to such declaration shall be given maximum publicity throughout the State. L.1967, c. 108, s. 5, eff. June 15, 1967.
NJ Rev Stat § 26:2C-31 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2C-31 - Gubernatorial order; duration

26:2C-31. Gubernatorial order; duration  Any gubernatorial order may be amended or modified by further gubernatorial orders. Said order or orders shall not require any judicial or other order or confirmation of any type in order to become immediately effective as the legal obligation of all persons, firms, corporations and other entities within the State. Said order shall remain in effect for the duration of time set forth in same, and if no time limit is specified in said order, same shall remain in effect until the Governor declares by further proclamation that the emergency has terminated. L.1967, c. 108, s. 6, eff. June 15, 1967.
NJ Rev Stat § 26:2C-32 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2C-32 - Enforcement of orders

26:2C-32. Enforcement of orders  The aforesaid orders of the Governor shall be enforced by the Departments of Health, Defense, and the State and local police and air pollution enforcement personnel forces. Those enforcing any Governor's order shall require no further authority or warrant in executing same than the issuance of the order itself. Those authorized to enforce said orders may use such reasonable force as is required in the enforcement thereof, and may take such reasonable steps as are required to assure compliance therewith including, but without limiting the generality of the foregoing, the following: (a) Entering any property or establishment whatsoever, commercial, industrial, or residential, believed to be violating said order (excepting single or double family homes or any dwelling unit within a multiple dwelling unit larger than a double family home) and, if a request does not produce compliance, causing compliance with said order; (b) Stopping, detouring, rerouting, and prohibiting motor vehicle travel and traffic; (c) Disconnecting incinerator or other types of combustion facilities; (d) Terminating all burning activities; (e) Closing down or restricting the use of any business, commercial, retail, manufacturing, industrial or other establishment. Where any person authorized to enforce such an order believes or suspects that same is being violated in a single or double family residence or within the dwelling portion of a large multiple dwelling unit, said residence or dwelling portion thereof may be entered only upon obtaining a search warrant from any judge having power to issue same. L.1967, c. 108, s. 7, eff. June 15, 1967.
NJ Rev Stat § 26:2C-33 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2C-33 - Violation of order; penalty

26:2C-33. Violation of order; penalty  Any person, firm, corporation or other entity within this State which violates any Governor's order with knowledge of same, or knowingly fails to comply with the directions of those authorized by the Governor to enforce said order, or knowingly interferes with the enforcement of such an order or such directions, shall be guilty of a high misdemeanor and shall be punished by a fine of not more than $100,000.00 or by imprisonment for not more than 10 years, or both. L.1967, c. 108, s. 8, eff. June 15, 1967.