reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.8 - Correspondence, inquiries and notices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall direct all correspondence, inquiries and notices to the person designated by the claimant pursuant to 7:27-1.7, including without limitation the following:
1. Notices requesting substantiation of claims, under 7:27-1.10(a)1  ii;
2. Notices of denial of confidentiality claims and proposed disclosure of information, under 7:27-1.13(a)1;
3. Notices concerning shortened comment and/or waiting periods under 7:27-1.21(a);
4. Notices of disclosure under 7:27-1.22; and
5. Notices of proposed use of confidential information in administrative proceedings, under 7:27-1.25.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.9 - Time for making confidentiality determinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall make a confidentiality determination:
1. If the Department receives a request, by a person to whom the Department is restricted from disclosing confidential information pursuant to 7:27-1.26 through 1.30, to inspect or copy records containing assertedly confidential information which is the subject of a confidentiality claim; or
2. Before taking any action which is inconsistent with the requirements for treatment of confidential information set forth in 7:27-1.26 through 1.30.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.10 - Notice of initial confidentiality determination, and of requirement to submit substantiation of claim

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department initially determines that any of the assertedly confidential information may be confidential information, the Department shall:
1. Notify each claimant who is known to have asserted a claim applicable to such information, and who has not previously been furnished with notice with regard to the information in question, of the following:
i. That the Department is in the process of making a confidentiality determination with respect to the claimant's claim;
ii. That the claimant is required to substantiate the claim as required by 7:27-1.11;
iii. The address of the office to which the claimant's substantiation must be addressed;
iv. The time allowed for submission of substantiation, pursuant to 7:27-1.12;
v. The method for requesting a time extension under 7:27-1.12(b); and
vi. That a claimant's failure to furnish substantiation within the time allocated in 7:27-1.12 shall operate as a waiver of the claimant's claim.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.11 - Substantiation of confidentiality claims

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department has determined that any assertedly confidential information may be confidential information, and notified the claimant pursuant to 7:27-1.10(a) and (b), the claimant shall substantiate the confidentiality claim by submitting information to the Department in the following areas within the time allotted in 7:27-1.12:
1. Measures taken by the claimant to prevent disclosure of the information to others;
2. The extent to which the information has been disclosed to others, and the precautions taken to prevent further disclosure;
3. If the Department, EPA or any other agency has previously made a confidentiality determination relevant to the pending confidentiality claim, copies of all such confidentiality determinations;
4. A description of any substantial harmful effects which disclosure would have upon the claimant's competitive position, an explanation of why such harmful effects are substantial, and an explanation of the causal relationship between disclosure and such harmful effects;
5. The period of time for which the claimant desires that the Department treat the assertedly confidential information as confidential information; and
6. Any other substantiation which is relevant in establishing that the assertedly confidential information is confidential information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.12 - Time for submission of substantiation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The claimant shall submit substantiation within 30 days after the date of the claimant's receipt of the written notice provided under 7:27-1.10(a)1.
(b) The Department may, in its discretion, extend the time allotted for submission of substantiation pursuant to (a) above if, before the expiration of the allotted time, the claimant submits a written request for the extension of such allotted time; provided, however, that except in extraordinary circumstances, the Department shall not approve such an extension of time in connection with a request to inspect or copy assertedly confidential information pursuant to 47:1A-1 et seq. without the consent of any person whose request to inspect or copy the allegedly confidential information under 47:1A-1 et seq. is pending.
(c) If a claimant fails to submit substantiation within the time allotted pursuant to this section, the claimant shall be deemed to have waived all confidentiality claims with respect to the information for which the substantiation was required.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.13 - Final confidentiality determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If, after review of all the information submitted pursuant to 7:27-1.10 and 1.11, the Department determines that the assertedly confidential information is not confidential information, the Department shall take the following actions:
1. The Department shall so notify the claimant by certified mail, return receipt requested. The notice shall state the basis for the determination, that it constitutes final agency action concerning the confidentiality claim, and that the Department shall make the information available to the public on the 14th day following receipt by the claimant of the written notice. The notice shall include a copy of the final public copy to be made available to the public.
2. On or after the 14th day following receipt by the claimant of the written notice required by (a)1 above, the Department shall send written notice of the determination to any requester with a pending request to inspect or copy the information which was the subject of the confidentiality claim. The Department shall send the notice by certified mail, return receipt requested.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.14 - Treatment of information pending confidentiality determination

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall treat assertedly confidential information as confidential information, until the Department has made a final determination that the assertedly confidential information is not confidential information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.15 - Availability of information to the public after determination that information is not confidential

Current through Register Vol. 56, No. 14, July 15, 2024
If the Department determines that assertedly confidential information is not confidential information pursuant to 7:27-1.13(a), the Department may disclose such information to any person on the date which is 14 days after the claimant's receipt of the written notice of the confidentiality determination.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.16 - Preparation of final public copy

Current through Register Vol. 56, No. 14, July 15, 2024
After the Department makes a final confidentiality determination that a record contains confidential information, the Department shall prepare a final public copy of the record based upon the final confidentiality determination. The Department may disclose the final public copy to any person, without restriction or limitation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.17 - Class confidentiality determinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may make a class confidentiality determination if the Department finds that the items of information within the class share one or more characteristics, which would cause the Department to determine consistently that such information is or is not confidential information.
(b) A class confidentiality determination shall clearly identify the class of information to which it applies. Such identification shall include a list of the common characteristics shared by all information within the class.
(c) A class confidentiality determination shall state that all of the information in the class is or is not confidential information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.18 - Classes of information which are not confidential information

Current through Register Vol. 56, No. 14, July 15, 2024
Without limiting the ability of the Department to determine that information not listed in this section is not confidential information, emissions information, as defined at 7:27-1.4, is not confidential information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.19 - Disclosure of confidential information to other public agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may disclose confidential information to any other State agency or to a Federal agency if:
1. The Department receives a written request for disclosure of the information from a duly authorized officer or employee of the requesting agency;
2. The Department notifies the other agency of any pending confidentiality claim concerning the requested information, or of any confidentiality determination regarding the requested information;
3. The other agency has furnished to the Department a written opinion from the agency's chief legal officer or counsel stating that under applicable law the agency has the authority to compel the person who submitted the information to the Department (or allowed the Department to obtain such information) to disclose such information to the requesting agency;
4. The other agency has adopted regulations or operates under statutory authority that will allow it to preserve confidential information from unauthorized disclosure, and agrees in writing to refrain from disclosure and to safeguard the information in accordance with the requirements of 7:27-1.27 and 1.28, unless:
i. The requesting agency has statutory authority both to compel production of the information and to disclose it; or
ii. The claimant has consented to disclosure of the information by the requesting agency; and
5. The requesting agency agrees not to disclose the information further unless:
i. The requesting agency has statutory authority both to compel production of the information and to make the proposed disclosure; or
ii. The claimant has consented to disclosure of the information by the requesting agency.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.20 - Disclosure of confidential information to contractors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may disclose confidential information to a contractor, if it complies with the procedure established under (b) below, and if:
1. The Department determines that such disclosure is necessary in order for the contractor to perform the work required by the contract;
2. The contract provides that the contractor and the contractor's employees shall use the confidential information only for the purpose of performing the duties required by the contract, shall refrain from disclosing the confidential information to anyone other than the Department, shall store all records containing the confidential information in locked cabinets in secure rooms, and shall return to the Department all originals and all copies of the information (and any abstracts or extracts therefrom, or any records containing any of the confidential information) when the confidential information is no longer necessary to enable the contractor to perform obligations under the contract, or at any time upon the request of the Department; and
3. If the claimant so requests, the contractor contracts with the claimant to refrain from further disclosure of the confidential information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.21 - Disclosure to alleviate an imminent and substantial danger

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department finds that disclosure of confidential information would serve to alleviate an imminent and substantial danger to public health, safety or the environment, the Department may, in its discretion, take one or more of the following actions:
1. Reduce the time allotted for providing substantiation pursuant to 7:27-1.12, and notify the claimant of such reduction;
2. Advance the date on which the Department may disclose information which the Department has determined is not confidential information, pursuant to 7:27-1.13(a), and notify the claimant of such advance; or
3. Immediately disclose the confidential information to any person whose role in alleviating the danger to public health and the environment makes such disclosure necessary. Any disclosure pursuant to this paragraph shall be limited to information necessary to enable the person to whom it is disclosed to carry out the activities in alleviating the danger. Any disclosure made pursuant to this paragraph shall not be deemed a waiver of a confidentiality claim and shall not be grounds for any determination that information is no longer confidential information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.22 - Notice to claimants of disclosure of confidential information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Promptly after the Department discloses confidential information pursuant to 7:27-1.19, 1.20 or 1.21, the Department shall notify any claimant from whom the Department has obtained confidential information of the disclosure. Such notice shall be in writing, and shall contain the following information:
1. The date on which disclosure was made;
2. The name of the agency or other person to which the Department disclosed the confidential information; and
3. A description of the confidential information disclosed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.23 - Disclosure by consent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may disclose confidential information in accordance with the written consent of the claimant.
(b) A claimant's consent to a particular disclosure shall not operate as a waiver of a confidentiality claim with regard to further disclosures, unless the authorized disclosure is of such nature that the disclosed information is no longer confidential information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.24 - Incorporation of confidential information into cumulations of data

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing in this chapter shall be construed as prohibiting the incorporation of confidential information into cumulations of data subject to disclosure as public records, provided that after consultation with the claimant, the Department has determined that such disclosure is not in a form that would foreseeably allow persons, not otherwise having knowledge of such confidential information, to deduce from it the confidential information or the identity of the person who supplied it to the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.25 - Disclosure of confidential information in rulemaking, permitting, and enforcement proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notwithstanding any other provision of this subchapter, the Department may disclose confidential information in rulemaking, permitting and enforcement proceedings.
(b) The following procedures shall apply to the disclosure of confidential information by the Department in rulemaking, permitting and enforcement proceedings:
1. The Department may disclose confidential information in an adjudicatory hearing, subject to the protection from making the information available to the public which the administrative law judge may impose under the Uniform Administrative Procedure Rules, N.J.A.C. 1:1 including without limitation 1:1-14.1.
2. The Department may disclose confidential information in any enforcement, permitting, or rulemaking proceeding which does not involve an adjudicatory hearing, pursuant to the following procedure:
i. The Department shall inform the claimant that the Department is considering using the information in connection with the proceeding and shall afford the claimant a reasonable period for comment;
ii. The claimant shall submit comments to the Department within the time allotted pursuant to (b)2i above, concerning the proposed uses of confidential information, including comments which may support a determination that the confidential information is not relevant to the proceeding, or that the disclosure of the confidential information in the proceeding is not necessary to serve the public interest;
iii. The Department may disclose the confidential information in the proceeding if, upon consideration of comments submitted pursuant to (b)2ii above, the Department determines that the information is relevant to the subject of the proceeding, that the use of the information in the proceeding will serve the public interest, and that it materially impairs such service of the public interest to limit the use of the information to a manner which preserves its confidentiality; and
iv. The Department shall give the affected person at least five days notice prior to using the information in the proceeding in a manner which may result in the information being made available to the public.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.26 - Hearing before disclosure of information for which a confidentiality claim has been made

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A claimant may request an adjudicatory hearing to contest disclosure of any information for which a confidentiality claim has been made, at any time before disclosure. The request shall be in accordance with the requirements at N.J.A.C. 7:27A-3.4(a), and shall be delivered to the Department at the following address:
New Jersey Department of Environmental Protection
Office of Administrative Hearings and Dispute Resolution
ATTENTION: Adjudicatory Hearing Requests
401 E. State Street
Mail Code 401-07A
PO Box 420
Trenton, NJ 08625-0420
(b) The Department may deny a request for an adjudicatory hearing under (a) above if:
1. The claimant fails to provide all information required under 7:27A-3.4(a);
2. The Department receives the request after disclosure of the assertedly confidential information occurs;
3. The Department has been ordered to disclose the information by a court of competent jurisdiction, or by any other person or entity with the power and authority to compel disclosure; or
4. The Department determines that disclosure is necessary to alleviate an imminent danger to the environment or to public health or safety, as provided in 7:27-1.21.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.27 - Nondisclosure of confidential information

Current through Register Vol. 56, No. 14, July 15, 2024
Unless specifically required by any Federal or State law, regulation or order, court order, or applicable court rule, the Department shall not disclose confidential information to any person other than as provided in 7:27-1.20 through 1.26.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.28 - Safeguarding of confidential information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Submissions to the Department required under this chapter will be opened only by persons authorized by the Department to be engaged in administering this chapter.
(b) Only those Department employees whose activities necessitate access to information for which a confidentiality claim has been made may open any envelope which is marked "CONFIDENTIAL."
(c) The Department shall store any records containing confidential information only in locked cabinets in secure rooms; provided, however, that if such records are in a form which is not amenable to such storage, the Department shall store such records in a manner which similarly restricts access by persons to whom disclosure of the confidential information in question is restricted.
(d) Any records made, possessed, or controlled by the Department or its contractors, and containing confidential information, shall contain indicators identifying the confidential information.
(e) Every Department employee, representative, and contractor who has custody or possession of confidential information shall take appropriate measures to safeguard such information and to protect against its improper disclosure.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.29 - Confidentiality agreements

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this chapter shall supersede the provisions of any agreement imposing any duties of confidentiality or nondisclosure upon the Department or any employee, contractor or agent thereof. Such provisions imposing confidentiality or nondisclosure duties upon the Department or any employee, contractor or agent thereof shall be of no force or effect.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.30 - Wrongful access or disclosure; penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall disclose, obtain or have possession of any confidential information, except as authorized by this chapter.
(b) Except in accordance with this chapter, no Department employee, representative, or contractor shall disclose any confidential information which came into his or her possession, or to which he or she gained access, by virtue of his or her official position of employment or contractual relationship with the Department. No such person shall use any such information for his or her private gain or advantage, except as permitted by a contract between such person and the Department. If a contractor discloses confidential information in violation of this chapter or of contractual provisions restricting disclosure, such disclosure shall constitute grounds for debarment or suspension as provided in N.J.A.C. 7:1D-2, Debarment, Suspension and Disqualification from Department Contracting.
(c) If the Department finds that any person has violated the provisions of this subchapter, it may:
1. Commence civil action in Superior Court for a restraining order and an injunction barring that person from further disclosing confidential information; and/or
2. Pursue any other remedy available at law or equity.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.31 - Right to enter

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department and its representatives shall have the right to enter and inspect at any time, any facility or building, or portion thereof, including all documents and equipment on the premises, in order to ascertain compliance or noncompliance with this chapter or with any preconstruction permit, certificate, operating permit, order, authorization or other legal document issued pursuant thereto, or to verify any information submitted to the Department. This right is absolute and shall not be conditioned upon any action by the Department, except the presentation of appropriate credentials as requested, and compliance with appropriate safety standards. This right includes, but is not limited to, the right to:
1. Enter upon the premises of the facility;
2. Sketch or photograph any portion of the facility;
3. Enter upon the premises of a facility where records are maintained under the conditions of the preconstruction permit, certificate or operating permit;
4. Review any records that must be kept under the conditions of the preconstruction permit, certificate or operating permit;
5. Copy or photograph any records that must be kept under the conditions of the preconstruction permit, certificate or operating permit;
6. Inspect any part of the facility, including any equipment (including any equipment used for monitoring and any air pollution control apparatus), practices, or operations, regulated or required under the preconstruction permit, certificate or operating permit;
7. Interview any employee or representative of the owner or operator; and
8. Test or sample any substance or material.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.32 - Request for an adjudicatory hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any applicant, registrant, or permittee may request a contested case hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and the New Jersey Uniform Administrative Procedure Rules, N.J.A.C. 1:1 regarding a decision made by the Department to:
1. Deny an application, or any part thereof, for a permit or certificate, for a modification or revision thereof, or for a renewal or a variance; or not accept a registration;
2. Impose any condition on its approval which the applicant, registrant, or permittee finds objectionable;
3. Revoke or withdraw a previously issued approval; or
4. Deny the request for a stay under 7:27-1.33.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.33 - Request for a stay of the effective date of a departmental decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may grant a stay of the effective date of a decision to revoke any previous approval. The applicant for a stay shall submit documents which substantiate, by a preponderance of the evidence, that one of the following circumstances exist:
1. The granting of the stay is required as a constitutional or statutory right; or
2. The potential effect on human health and welfare or the environment which might result from a decision to grant a stay is greatly outweighed by immediate, irreparable injury to the specific party requesting such stay.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.36 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
Compliance with any subchapter of this chapter shall not relieve any person of the obligation to comply with all other applicable provisions of this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.37 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any portion of this chapter or the application thereof to any person or circumstance is adjudged invalid or unconstitutional by a court of competent jurisdiction, the remainder of this chapter and the application thereof to other persons or circumstances shall not be affected thereby, and shall remain in full force and effect.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.38 - Liberal construction

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter, being necessary to promote the public health and welfare, and to protect the environment, shall be liberally construed to permit the Department to discharge its statutory functions under the Act.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.39 - Certification of information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except pursuant to (c) below, any person who submits an application, report or other document to the Department shall include, as an integral part of the application, report or other document, the following two-part certification:
1. A certification, signed by the individual or individuals (including any consultants) with direct knowledge of and responsibility for the information contained in the certified document. The certification shall state:
"I certify under penalty of law that I believe the information provided in this document is true, accurate and complete. I am aware that there are significant civil and criminal penalties, including the possibility of fine or imprisonment or both, for submitting false, inaccurate or incomplete information."
2. A certification signed by a responsible official, as defined at 7:27-1.4, which states:
"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attached documents and, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete. I am aware that there are significant civil and criminal penalties, including the possibility of fine or imprisonment or both, for submitting false, inaccurate or incomplete information."
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 2 - CONTROL AND PROHIBITION OF OPEN BURNING › Section 7:27-2.2 - Open burning for salvage operations

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall cause, suffer, allow or permit a salvage operation by open burning.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 2 - CONTROL AND PROHIBITION OF OPEN BURNING › Section 7:27-2.3 - Open burning of refuse

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall cause, suffer, allow or permit the disposal of rubbish, garbage, trade waste, buildings or structures by open burning.
(b) No person shall cause, suffer, allow or permit the disposal of fallen leaves by open burning.
(c) No person shall cause, suffer, allow or permit the disposal of any type of plant by open burning.
(d) The provisions of this section shall not apply to open burning of refuse for training or research exercises in fire protection or prevention when conducted at a permanent facility or training center designed to be used solely for such purposes on a continuing basis.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 2 - CONTROL AND PROHIBITION OF OPEN BURNING › Section 7:27-2.4 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All conditions and provisions of any permit granted in accordance with this subchapter must be fulfilled.
(b) Any permit issued under the provisions of this subchapter shall not be transferable either from one location to another or from one person to another.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 2 - CONTROL AND PROHIBITION OF OPEN BURNING › Section 7:27-2.5 - Infested plant life

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may issue a permit for open burning of infested plant life, except in any municipality which prohibits such open burning, to a person responsible for the control of infested plant life upon certification by an authorized agent that no other effective method of controlling the infestation can be used without causing damage, economic or otherwise, to environmental or natural resources.
(b) Applications may be made to the Bureau of Forest Fire Management in the Department for a permit for the open burning of infested plant life.
(c) Such permit may be valid for a single event or for a period not to exceed 30 days, may be conditioned upon meteorological factors and any other requirements which the Department deems to be necessary, and is revocable at the discretion of the Department.
(d) No open burning shall commence until a permit is issued and is current. Any person seeking a permit for the open burning of infested plant life shall file with the Department a permit application on a form provided by the Department, signed by both the applicant and the authorized agent, which sets forth the following and any other information requested by the Department:
1. The name, address and telephone number of the person submitting the permit application; if such person is a legal entity, the name, title and address of the individual authorized to accept service of process on its behalf and the name of the officer in charge of the premises where infested plant life is to be burned;
2. The type of business or activity involved;
3. Municipal restrictions on open burning of plant life;
4. The proposed operating practice including the type and quantity of infested plant life to be burned;
5. Whether the open burning is to be carried on in a single instance or the frequency if intermittent;
6. The exact location at which the infested plant life will be burned; and
7. Reasons why the infestation cannot be controlled by any method other than by open burning without causing damage, economic or otherwise, to environmental or natural resources.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 2 - CONTROL AND PROHIBITION OF OPEN BURNING › Section 7:27-2.6 - Prescribed burning

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may issue a permit authorizing prescribed burning in accordance with a plan approved by and under the control and supervision of the Bureau of Forest Fire Management.
(b) The permit may be conditioned upon meteorological factors and any other requirements which the Bureau of Forest Fire Management deems to be necessary and is revocable at the discretion of the Department.
(c) The permit may be issued for a single event or for a period of days, and no prescribed burning shall commence until a permit is issued and current.
(d) Any person seeking a permit for prescribed burning shall file with the Bureau of Forest Fire Management a permit application, on a form provided by the Department, which sets forth the following and any other information requested by the Bureau of Forest Fire Management:
1. The name, address and telephone number of the person submitting the permit application; if such person is a legal entity, the name, title and address of the individual authorized to accept the service of process on its behalf and the name of the officer in charge of the premises where the prescribed burning is to take place;
2. The name and address of the owner of the premises where the prescribed burning is to take place;
3. The exact location at which the prescribed burning is to take place; and
4. A detailed plan describing the specific reasons why the prescribed burning is necessary and how it is to be done.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 2 - CONTROL AND PROHIBITION OF OPEN BURNING › Section 7:27-2.7 - Emergencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may issue a permit to a municipality for the open burning of plant life upon a finding of merit in an affidavit filed with the Bureau of Enforcement Services by the municipal clerk that excessive quantities of plant wastes have been produced by an emergency such as a wind storm or ice storm.
(b) The permit may be conditioned upon meteorological factors and any other requirements which the Enforcement Services deems to be necessary and is revocable at the discretion of the Department.
(c) The permit may be issued for a single event or for a period not to exceed seven days, and no open burning of plant life shall commence until a permit is issued and current.
(d) The affidavit shall set forth the following and any other information requested by the Department:
1. The name, address and telephone number of the municipal clerk submitting the affidavit;
2. The name of the authorized municipal representative in charge of the premises where the plant life is to be burned;
3. The proposed operating practice including the type and quantity of plant life to be burned;
4. Whether the open burning is to be carried on in a single instance or the frequency if intermittent;
5. The exact location(s) at which the plant life is to be burned; and
6. Reasons why the plant life cannot be disposed of by any method other than by open burning.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 2 - CONTROL AND PROHIBITION OF OPEN BURNING › Section 7:27-2.8 - Dangerous material

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may issue a permit for the open burning of dangerous material, except in any municipality which prohibits such open burning, where no other known method of disposal can be used without hazard to health or property, upon a finding of merit in an affidavit filed with the Bureau of New Source Review on a form provided by the Department by the person seeking to engage in such activity.
(b) The permit may be conditioned upon meteorological factors and any other requirements which the Department deems to be necessary and is revocable at the discretion of the Department.
(c) The permit may be issued for a period not to exceed seven days, or for a period not to exceed 60 days, or for a period not to exceed six months and no disposal of dangerous materials by open burning shall commence until a permit is issued and current.
(d) The affidavit shall set forth the following and any other information requested by the Department:
1. The name, address and telephone number of the person submitting the affidavit; if such person is a legal entity, the name, title and address of the individual authorized to accept service of process on its behalf and the name of the officer in charge of the premises where the dangerous material is to be burned;
2. The type of business or activity involved;
3. Municipal restrictions on open burning of dangerous material;
4. The proposed operating practice including the type and quantity of dangerous material to be disposed of by open burning;
5. Whether the open burning is to be carried on in a single instance or the frequency if intermittent;
6. The exact location at which the dangerous material will be disposed of by open burning;
7. Reasons why the dangerous material cannot be disposed of by any method other than by open burning without resulting in a hazard to health or property; and
8. Measures undertaken to eliminate or to reduce the quantity of dangerous material to be disposed of by open burning:
i. Prior to the initial submittal of an affidavit; or
ii. Since the issuance of the previous permit if the affidavit is for a renewal.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 2 - CONTROL AND PROHIBITION OF OPEN BURNING › Section 7:27-2.9 - Herbaceous plant life and hedgerows

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may issue a permit for the open burning, on the premises where grown, of herbaceous plant life and plant life growing in hedgerows, except in any municipality which prohibits such burning, when the premises are actively in use for raising food crops or salt hay for commercial purposes and on a commercial scale and where no other effective method of disposal can be used without causing damage, economic or otherwise, to environmental or natural resources.
(b) The permit will be issued only in accordance with a plan approved by and under the control and supervision of the Bureau of Forest Fire Management.
(c) The permit will be conditioned upon the confirmation with the Bureau of Forest Fire Management of favorable meteorological and air quality conditions on the day the open burning will be conducted.
(d) The permit may also be conditioned upon any requirements which the Department deems to be necessary and is revocable at the discretion of the Department.
(e) The permit may be issued for a period not to exceed seven days or for a period not to exceed 90 days or for a period not to exceed one year, and no open burning shall commence until a permit is issued and current.
(f) Any person seeking a permit for the open burning of herbaceous plant life or hedgerows shall file with the Bureau of Forest Fire Management a permit application on a form provided by the Department which sets forth the following and any other information requested by the Department:
1. The name, address and telephone number of the persons submitting the permit application; if such person is a legal entity, the name, title and address of the individual authorized to accept service of process on its behalf and the name of the officer in charge of the premises where the open burning is to take place;
2. The name and address of the owner of the premises where the open burning is to take place;
3. Municipal restrictions on open burning;
4. The exact location of the premises on which the herbaceous plant life or hedgerows will be burned;
5. The nature of the business or activity involved and the use being made of the premises;
6. A detailed plan describing the nature and quantity of herbaceous plant life or hedgerows and how the open burning is to be done, including whether it is to take place in a single instance or the frequency if intermittent; and
7. Reasons why no other effective method of disposal can be used without causing damage, economic or otherwise, to environmental or natural resources.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 2 - CONTROL AND PROHIBITION OF OPEN BURNING › Section 7:27-2.10 - Orchard prunings and cullings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may issue a permit for the open burning of orchard prunings and cullings on the premises where grown, except in any municipality which prohibits such burning, when such prunings and cullings are derived from trees being cultivated for commercial purposes to produce food crops or as ornamentals and where no other effective method of disposal can be used without causing damage, economic or otherwise, to environmental or natural resources.
(b) The permit will be issued only in accordance with a plan approved by and under the control and supervision of the Bureau of Forest Fire Management.
(c) The permit will be conditioned upon the confirmation with the Bureau of Forest Fire Management of favorable meteorological and air quality conditions on the day the open burning will be conducted.
(d) The permit may also be conditioned upon any requirements which the Department deems to be necessary and is revocable at the discretion of the Department.
(e) The permit may be issued for a period not to exceed seven days or for a period not to exceed 90 days or for a period not to exceed one year, and no open burning shall commence until a permit is issued and current.
(f) Any person seeking a permit for the open burning of orchard prunings and cullings shall file with the Bureau of Forest Fire Management a permit application on a form provided by the Department which sets forth the following and any other information requested by the Department:
1. The name, address and telephone number of the person submitting the permit application, if such person is a legal entity, the name, title and address of the individual authorized to accept service of process on its behalf and the name of the officer in charge of the premises where the open burning is to take place;
2. The name and address of the owner of the premises where the open burning is to take place;
3. Municipal restrictions on open burning;
4. The exact location of the premises on which the orchard prunings and cullings will be burned;
5. The nature of the business or activity involved and the use being made of the premises;
6. A detailed plan describing the nature and quantity of orchard prunings and cullings and how the open burning is to be done, including whether it is to take place in a single instance or the frequency if intermittent; and
7. Reasons why no other effective method of disposal can be used without causing damage, economic or otherwise, to environmental or natural resources.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 2 - CONTROL AND PROHIBITION OF OPEN BURNING › Section 7:27-2.11 - Land clearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may issue a permit for the open burning of plant life on the premises where grown, except in any municipality which prohibits such burning, upon a finding of merit in an affidavit, filed by the owner of such premises, which provides certification that:
1. No other effective method of disposal can be used without causing damage, economic or otherwise, to environmental or natural resources; and
2. The premises to be cleared by open burning will be used exclusively for commercial agricultural purposes for a period of at least five years after such open burning.