reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 3 - TRANSMISSION PIPELINES › Section 7:1E-3.4 - Discharge cleanup information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) By February 1, 1992, and by each February 1 at five year intervals thereafter, the owner or operator of a transmission pipeline shall submit the following information to the Department at the address specified in 7:1E-3.2(c):
1. A summary of the action plan used in responding to, and minimizing health and environmental dangers from, fires, explosions or discharges, including the deployment of personnel and equipment, the chain of command for an emergency response action, and notification procedures pursuant to N.J.A.C. 7:1E-5;
2. A list of containment and removal equipment and materials to which the transmission pipeline has access through ownership, contract or others means, including, but not limited to, vehicles, vessels, pumps, skimmers, booms, chemicals, and communications devices. A copy of all current contracts or agreements between the owner or operator and a discharge cleanup organization for emergency response service shall be included;
3. A list of the trained personnel who are available to operate such equipment and a brief description of their qualifications, and whether personnel are employed by the owner or operator or by a discharge cleanup organization. In lieu of supplying a list of names, the owner or operator may supply a list of job titles of employees who will be assigned to operate containment and removal equipment, and a statement of the minimum qualifications that will be required of each employee so assigned;
4. The name, title and 24-hour business telephone number of facility's response coordinator or other person authorized to hire contractors and release funds for discharge response, containment, cleanup and removal. A response coordinator or alternate shall be available at all times; and
5. Procedures for determining the recycling or disposal options for hazardous substances or contaminated soil, debris, and so forth gathered during cleanup and removal activities.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 4 - PLANS › Section 7:1E-4.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter establishes the requirements for discharge cleanup and removal activities at major facilities. It prescribes the rules of the Department for information to be submitted in discharge prevention, containment and countermeasure plans, and discharge cleanup and removal plans for major facilities. The following rules shall govern the preparation and submission of such plans.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 4 - PLANS › Section 7:1E-4.2 - Discharge prevention, containment and countermeasure plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator of a major facility shall:
1. Prepare a DPCC plan demonstrating compliance with the standards in N.J.A.C. 7:1E-2; and
2. Appoint a facility contact who shall be responsible for insuring compliance with the DPCC plan and this chapter. The facility contact shall be responsible for submission of all plans and reports required by this chapter to the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 4 - PLANS › Section 7:1E-4.4 - Financial responsibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator of a major facility shall demonstrate financial responsibility for cleanup and removal activities.
(b) The owner or operator of a major facility shall demonstrate financial responsibility in the minimum amount of $ 1 million per occurrence and $ 2 million annual aggregate; provided, however, that if the owner or operator establishes to the satisfaction of the Department that a lesser amount will be sufficient to protect the environment and public health, safety and welfare, the Department may accept evidence of financial responsibility in such lesser amount. In determining the sufficiency of the amount of financial responsibility, the Department may consider factors including, without limitation, the nature and quantity of the hazardous substances which may be present at the facility, and the proximity and nature of environmentally sensitive areas located near the facility.
(c) The required per occurrence and annual aggregate coverage amounts do not in any way limit the liability of the owner or operator.
(d) Financial responsibility may be established by any one, or by any combination, of the following mechanisms:
1. Financial test of self-insurance;
2. Guarantee;
3. Insurance or risk retention group coverage;
4. Surety bond; or
5. Letter of credit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 4 - PLANS › Section 7:1E-4.5 - Preparation and submission of plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator of a major facility shall prepare a DPCC plan and a DCR plan in accordance with 7:1E-4.2 and 4.3. The DPCC and DCR plans shall be prepared and submitted as a single document.
(b) The owner or operator of an existing major facility shall submit a DPCC plan and a DCR plan, certified pursuant to 7:1E-4.11, to the Department at the address in (h) below. Such plans shall be submitted no later than the following dates:
1. By February 1, 1992, all facilities with a storage capacity for hazardous substances of all kinds of at least 300,000 gallons, but less than one million gallons;
2. By August 1, 1992, all facilities with a storage capacity for hazardous substances of all kinds of at least one million gallons, but less than four million gallons;
3. By February 1, 1993, all facilities with a storage capacity for hazardous substances of all kinds of four million gallons or greater;
4. By August 1, 1993, all facilities with a storage capacity for hazardous substances other than petroleum or petroleum products of at least 80,000 gallons, but less than 200,000 gallons, or for hazardous substance of all kinds of at least 200,000 gallons, but less than 300,000 gallons;
5. By February 1, 1994, all facilities with a storage capacity for hazardous substances other than petroleum or petroleum products of at least 40,000 gallons, but less than 80,000 gallons; and
6. By August 1, 1994, all facilities with a storage capacity for hazardous substances other than petroleum and petroleum products of at least 20,000 gallons, but less than 40,000 gallons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 4 - PLANS › Section 7:1E-4.6 - Approval and conditional approval of plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall act to approve or deny approval of a complete submission of a DPCC and DCR plan, pursuant to 7:1E-4.5, within 180 days of receipt.
(b) The Department may conditionally approve a plan if the map required pursuant to 7:1E-4.2(b)7  is not in the format prescribed by 7:1E-4.10(c)  or if the maps required pursuant to 7:1E-4.2(b)8  or 9 are incomplete or are not in the format prescribed by 7:1E-4.10. The Department shall grant such conditional approval if the Department determines that:
1. The plan otherwise satisfies all of the requirements of this subchapter; and
2. The owner or operator is making a good faith effort to provide complete, acceptable maps.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 4 - PLANS › Section 7:1E-4.7 - Denial or revocation of approval of plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall state in writing its reasons for denying or revoking approval of any DPCC and DCR plans.
(b) The Department may revoke its approval of a DPCC and DCR plan if the owner or operator fails to comply with an approved schedule for bringing the facility into compliance with the requirements of these rules, or submits to the Department false or willfully misleading information.
(c) If the Department denies or revokes approval of a plan, the owner or operator shall have 30 days within which to submit an acceptable plan.
(d) The owner or operator of a major facility who is aggrieved by any decision of the Department to deny or revoke approval of a DPCC and DCR plan has the right to a hearing before the Department, pursuant to the procedure outlined in N.J.A.C. 7:1E-6.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 4 - PLANS › Section 7:1E-4.8 - Amendment of plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Written notice of proposed new construction or installation, substantial modification or replacement of any aboveground storage tank, other aboveground enclosed storage space, any appurtenant structures, or leak detection or other monitoring, prevention, or safety systems or devices shall be provided to the Department at the address in 7:1E-4.5(h)  at least 60 days prior to the commencement of construction, installation or modification. The notice shall contain information on what new construction, installation, substantial modification or replacement is being proposed along with a preliminary schedule for the proposed work. This provision does not apply to construction, installation or modification contained in a schedule for upgrading in an approved DPCC plan.
(b) Within 30 days of any modification that necessitates a change in a plan, except those delineated in (e) below, the owner or operator of a major facility having an approved DPCC and DCR plan shall amend the DPCC and DCR plan to reflect such changes, and shall certify the amendments pursuant to 7:1E-4.11, prior to submission to the Department for approval. The amendment shall consist of only those pages of the DPCC and DCR plan requiring changes.
(c) The Department shall act to approve or deny approval of an amendment within 60 days of receipt of an administratively complete submission.
(d) Within 30 days of receipt of approval, a second copy of the approved amendment shall be submitted to the Department.
(e) Changes to the following information shall be reported to the Department at the address in 7:1E-4.5(g)  within 30 days, but shall not be considered plan amendments subject to the certification and approval requirements of this section:
1. Name and mailing address of the facility, if the change is not the result of a change of ownership;
2. Facility and personnel telephone numbers;
3. Name and business address of the owner's or operator's registered agent;
4. Employee names that are included in the DPCC or DCR plan; and
5. New or revised financial responsibility documents.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 4 - PLANS › Section 7:1E-4.9 - Plan renewals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At least once every three years following approval or conditional approval of the DPCC and DCR plans, the owner or operator shall renew the DPCC and DCR plans. One copy of the renewal shall be submitted to the Department at the address in 7:1E-4.5(h)  at least 180 days prior to the expiration date of the DPCC and DCR plans.
(b) The plan renewal shall consist of revised plans or a certification that the existing plans on file with the Department are current, including all exemptions pursuant to 7:1E-4.10(g)  and alternative measures pursuant to 7:1E-1.11(e). A revised plan may be required at the time of renewal so as to incorporate into the plan all amendments adopted since the approval, conditional approval, or last renewal.
(c) Within 30 days of receipt of approval pursuant to 7:1E-4.6, a second copy of the approved renewal shall be submitted to the Department.
(d) Any change in an approved DPCC plan or DCR plan necessitated by amendments to this chapter shall be incorporated into the plan when the plan is renewed.
(e) All renewals shall be certified pursuant to 7:1E-4.11.
(f) Any DPCC or DCR plan which is not submitted for renewal in accordance with (a) above within three years of the date of approval, conditional approval, or last renewal, shall be considered expired.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 4 - PLANS › Section 7:1E-4.10 - Mapping criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General site plans, required pursuant to N.J.A.C. 7:1E-4.2(b)7, shall:
1. Accurately reflect the current facility, including the property boundary, delineating and identifying, by labeling or other means, storage tanks, small container storage areas, process buildings, loading or unloading areas, marine transfer areas, any other structures, and all facility fencing and gates;
2. Be drawn to a scale in the range of one inch equals 30 to one inch equals 200 feet, such that it is sufficient to delineate all items to be mapped and is appropriate for the size of the facility. If labels or other items on the general site plan are illegible, the scale should be changed or inserts should be used; and
3. Be certified by a licensed land surveyor in accordance with 45:8-27, et seq., and N.J.A.C. 13:40.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 5 - DISCHARGE NOTIFICATION, RESPONSE AND REPORTING › Section 7:1E-5.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter prescribes the rules of the Department for notification and reporting of discharges of hazardous substances, the reporting of malfunctions of discharge detection systems, and response to discharges of hazardous substances. The following rules shall govern the procedures for notification of the Department, response to a discharge of a hazardous substance, and follow-up reporting.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 5 - DISCHARGE NOTIFICATION, RESPONSE AND REPORTING › Section 7:1E-5.2 - Notification of historical discharges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All persons responsible for a discharge who know or suspect that a discharge has occurred prior to January 23, 1980, or who know or suspect that a discharge has occurred between January 23, 1980 and September 12, 1991, that was not required to be reported at that time, and who have not previously reported that discharge shall conduct a diligent inquiry and shall promptly upon completion of the diligent inquiry and discovery of a discharge notify the Department in writing of such discharge at the address given at 7:1E-5.8(f).
(b) All persons responsible for a discharge pursuant to (a) above who previously reported a discharge which occurred prior to January 23, 1980, or who know or suspect that a discharge has occurred between January 23, 1980 and September 12, 1991, that was not required to be reported at that time, shall promptly correct or supplement the prior notice to the Department if any of the information in the prior notice is determined to be false, misleading or inaccurate, or if additional relevant information is discovered which has not been previously reported to the Department.
(c) All persons responsible for a discharge who are required to make a notification pursuant to (a) or (b) above and who are subject to an investigation or cleanup action under any State or Federal law, may notify the Department of the discovery of a historical discharge as part of the periodic progress reports required during the investigation or cleanup if the discovery of the historical discharge is coincident with such investigation or cleanup.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 5 - DISCHARGE NOTIFICATION, RESPONSE AND REPORTING › Section 7:1E-5.3 - Discharge notification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as delineated in (e) below, immediately after a discharge commences, any person or persons responsible for a discharge who knows or reasonably should know of the discharge, shall immediately notify the Department at (877) WARN DEP (927-6337). In the event that this number is inoperable, any person or persons responsible for a discharge shall immediately notify the State Police at (609) 882-2000.
(b) Notification received by the Department pursuant to (a) above within 15 minutes of the time that the person responsible for a discharge knew, or reasonably should have known, of the occurrence of a discharge shall be considered immediate. It shall be presumed that notification received by the Department more than 15 minutes after the person responsible for a discharge knew, or reasonably should have known, of the discharge is not immediate. The person responsible for the discharge may rebut this presumption by satisfying the requirement of 7:1E-5.6.
(c) Any notification performed by any person responsible for a discharge pursuant to (a) and (b) above shall include, but not be limited to, the following information:
1. The name, title, affiliation, address and telephone number of the person reporting the discharge;
2. The location of the discharge, with as much specificity as the Department requests, and in any event with sufficient specificity to enable the Department to direct its agents and employees and any other person to the discharge site, including:
i. For discharges from sites located on land, the name of the site, the street address, the municipality, and the county;
ii. For discharges on, under or into water, the name of the water body, location of the discharge with reference to a fixed point or points, and a description of the area which the discharge may reach.
3. The common name of the hazardous substance(s) discharged;
4. An estimate of the quantity of each hazardous substance discharged, including best estimates if the quantities are unknown;
5. The date and time at which the discharge began, and whether the discharge is continuing, intermittent or terminated;
6. The actions such person proposes to take to contain, clean up and remove the hazardous substance(s) discharged;
7. The name and address of any person responsible for the discharge.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 5 - DISCHARGE NOTIFICATION, RESPONSE AND REPORTING › Section 7:1E-5.4 - Notification of aircraft discharges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the case of a discharge of a hazardous substance used as fuel from an aircraft into the airspace over the lands or waters of New Jersey, any person responsible for a discharge shall notify the Department at (877) WARN DEP (927-6337). In the event that this number is inoperable, any person or persons responsible for a discharge shall immediately notify the State Police at (609) 882-2000.
(b) Any person responsible for a discharge who notifies the Department pursuant to (a) above shall report:
1. The person causing the discharge;
2. The amount of hazardous substance discharged;
3. The time the discharge occurred;
4. The location in the aircraft flight path of the discharge;
5. The wind speed and direction; and
6. The area likely to be affected by the discharge.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 5 - DISCHARGE NOTIFICATION, RESPONSE AND REPORTING › Section 7:1E-5.5 - Notification of malfunctions in discharge detection systems

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator of a major facility shall immediately notify the Department at (877) WARN DEP (927-6337) of any malfunction of a discharge detection or other discharge monitoring, prevention or safety system or device. In the event that this number is inoperable, any owner or operator of a major facility shall immediately notify the State Police at (609) 882-2000.
(b) Notification received by the Department pursuant to (a) above within 15 minutes of the time that the owner or operator knew, or reasonably should have known, of the occurrence of a malfunction shall be considered immediate. It shall be presumed that notification received by the Department more than 15 minutes after the owner or operator knew, or reasonably should have known, of the malfunction is not immediate. The owner or operator may rebut this presumption by satisfying the requirements of 7:1E-5.6.
(c) Within two hours of the initial notification, the owner or operator of a major facility shall notify the Department that one of the following situations exists:
1. The malfunction has been repaired;
2. An alternate discharge detection system has been activated for the equipment utilizing the malfunctioning system; or
3. The equipment protected by the discharge detection system has been taken out of service.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 5 - DISCHARGE NOTIFICATION, RESPONSE AND REPORTING › Section 7:1E-5.6 - Justification of delay

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department, at its discretion, may determine that a period of longer than 15 minutes for initiating the notification of the Department of a discharge is immediate if the person responsible for the discharge can show, by clear and convincing evidence, that the notification of the Department was initiated as soon as possible or reasonable and that notification within 15 minutes was impossible or unreasonable because of:
1. Essential immediate response activities;
2. The circumstances under which the discharge occurred;
3. The circumstances under which the discharge was first discovered; or
4. Some other valid cause or reason.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 5 - DISCHARGE NOTIFICATION, RESPONSE AND REPORTING › Section 7:1E-5.7 - Discharge response

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person responsible for a discharge shall:
1. Take immediate action to stop the discharge;
2. Take all necessary and appropriate measures to contain, mitigate, clean up, and remove the discharge by:
i. Following the facility's approved DCR plan, prepared and implemented in accordance with N.J.A.C. 7:1E-4; or
ii. Remediating the discharge pursuant to the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C; and
3. Coordinate such actions with the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 5 - DISCHARGE NOTIFICATION, RESPONSE AND REPORTING › Section 7:1E-5.9 - Reporting responsibilities of the Department

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon obtaining any information which leads it to suspect that a discharge has occurred in a municipality's jurisdiction, the Department shall immediately notify orally the contact persons for the governing body of the municipality and the local board of health as specified in (b) below, unless these entities have been notified previously.
(b) The governing body of the municipality and the local board of health shall provide the Department with the name, address and telephone number of a 24 hour contact point and an alternate 24 hour contact point. The governing body of the municipality and the local board of health may change the contact point and alternate contact point upon written notice to the Department. If a contact point and an alternate contact point are not specified, the local police department or local fire department shall be the points designated by the Department to receive notification pursuant to (a) above.
(c) Within 10 days of the initial oral notification required by (a) above, the Department shall issue a letter confirming and, if appropriate, expanding upon that initial oral notification.
(d) The Department shall take appropriate action to verify that a discharge has occurred as suspected, including the authorization of agent(s) or officer(s) of the municipality or local board of health by an appropriate Department official to investigate the site of the suspected discharge. Such investigation shall include conducting visual assessment of the site of the discharge and contacting any persons potentially responsible for the discharge.
(e) The agent(s) or officer(s) of the municipality shall report all findings to the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 5 - DISCHARGE NOTIFICATION, RESPONSE AND REPORTING › Section 7:1E-5.10 - Discharge reporting requirements of local officials

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When any governing body of a municipality or local board of health obtains information which leads it to suspect that a discharge has occurred, the governing body or local board of health shall immediately notify, as specified in (b) below, the Department, unless the Department has already been notified of the discharge.
(b) The governing body or local board of health shall provide the Department with information regarding any discharge pursuant to (a) above in the format specified at 7:1E-5.3(a).
(c) The local governing body and the local board of health shall coordinate all responses to the discharge with the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 5 - DISCHARGE NOTIFICATION, RESPONSE AND REPORTING › Section 7:1E-5.11 - Amendment of plans following a discharge

Current through Register Vol. 56, No. 14, July 15, 2024
Following submission of a confirmation report pursuant to 7:1E-5.8, the Department may review a facility's DPCC and DCR plans and may require the owner or operator of the facility to amend the plans, in accordance with 7:1E-4.8, if it finds that a plan does not meet the requirements of this chapter or that amendment of the plan is necessary to prevent and contain similar discharges.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 6 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:1E-6.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall govern the Department's assessment of civil administrative penalties for violation of provisions of the Act, including rules, regulations, plans, information requests, access requests, orders or directives promulgated or issued pursuant to the Act. This subchapter shall also govern the procedures for requesting an adjudicatory hearing on a notice of civil administrative penalty assessment, an administrative order, conditions of approval for any plan or amendment to a plan, or a denial or revocation of approval of a plan or amendment to a plan required under this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 6 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:1E-6.2 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may assess a civil administrative penalty of not more than $ 50,000 for any discharge less than 100,000 gallons, not more than $ 10,000,000 for any discharge of 100,000 gallons or more, and not more than $ 50,000 for each violation of the Act or of any rule, regulation, plan, information request, access request, order or directive promulgated or issued pursuant to the Act.
(b) Each violation of any provision of the Act, or any rule, regulation, plan, information request, access request, order or directive promulgated or issued pursuant thereto shall constitute a separate and distinct offense.
(c) Each day during which a violation continues shall constitute an additional, separate, and distinct offense.
(d) The Department may, in its discretion, treat an offense as a first offense solely for civil administrative penalty determination purposes, if the violator has not committed the same offense in the five years immediately preceding the date of the pending offense.
(e) Neither the assessment of a civil administrative penalty nor the payment of any such civil administrative penalty shall be deemed to affect the availability of any other enforcement provisions provided for by the Act, or any other statute, in connection with the violation for which the assessment is levied.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 6 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:1E-6.3 - Procedures for issuance of administrative orders and assessment, settlement and payment of civil administrative penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to assess a civil administrative penalty under the Act, for violation of the Act or any rule, regulation, plan, information request, access request, order or directive promulgated or issued pursuant to the Act, the Department shall, by means of an administrative order or notice of civil administrative penalty assessment, notify the violator by certified mail (return receipt requested) or by personal service. The Department may, in its discretion, assess a civil administrative penalty for more than one offense in a single administrative order or notice of civil administrative penalty assessment or in multiple administrative orders or notices of civil administrative penalty assessment. This Administrative Order or Notice of Civil Administrative Penalty Assessment shall:
1. Identify the section of the Act, rule, plan, request, order or directive violated;
2. Concisely state the facts which constitute the violation;
3. Order such violation to cease;
4. Specify the amount of the civil administrative penalty to be imposed; and
5. Advise the violator of the right to request an adjudicatory hearing pursuant to the procedures in 7:1E-6.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 6 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:1E-6.4 - Procedures for requesting and conducting adjudicatory hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department does not receive a hearing request within 20 calendar days after receipt by the violator of an administrative order or notice of civil administrative penalty assessment, conditions of approval for any plan, or amendment to a plan, or denial or revocation of approval of any plan or amendment being challenged, the Department shall deny the hearing request.
(b) To request an adjudicatory hearing to contest an administrative order or notice of civil administrative penalty assessment issued pursuant to the Act, or conditions of approval for any plan, or amendment to a plan, or the denial or revocation of approval of any plan or amendment to a plan required pursuant to the Act, the violator shall submit the following information in writing, on forms provided by the Department, to the Department at the addresses in (e) below:
1. The name, address, and telephone number of the person requesting the hearing and his or her authorized representative;
2. A copy of the administrative order or notice of civil administrative penalty assessment, or the approval or the denial or revocation of approval of any plan or amendment and a list of all issues being appealed;
3. An admission or denial of each of the Department's findings of fact in the administrative order or notice of civil administrative penalty assessment, or denial or revocation of approval of a plan or amendment to a plan. If the violator is without knowledge or information sufficient to form a belief as to the truth of a finding, the violator shall so state and this shall have the effect of a denial. A denial shall fairly meet the substance of the findings denied. When the violator intends in good faith to deny only a part or a qualification of a finding, the violator shall specify so much of it as is true and material and deny only the remainder. The violator may not generally deny all of the findings, but shall make all denials as specific denials of designated findings. For each finding the violator denies, the violator shall allege the fact or facts as the violator believes it or them to be;
4. The violator's defenses to each of the Department's findings of fact in the administrative order or notice of civil administrative penalty assessment, or reasons for denial or revocation of approval, stated in short and plain terms;
5. Information supporting the request and specific reference to or copies of other written documents relied upon to support the request;
6. An estimate of the time required for the hearing (in days and/or hours);
7. A request, if necessary, for a barrier-free hearing location for physically disabled persons; and
8. A clear indication of any willingness to negotiate a settlement with the Department prior to the Department's processing of the hearing request to the Office of Administrative Law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 6 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:1E-6.5 - Civil administrative penalty determination-general

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For violations other than those set forth in (c) below and 7:1E-6.6 through 6.8, the Department may assess a civil administrative penalty for offenses described in this subchapter within the following ranges:
1. Up to $ 20,000 for the first offense;
2. Up to $ 35,000 for the second offense; and
3. Up to $ 50,000 for the third and each subsequent offense.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 6 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:1E-6.6 - Civil administrative penalty for submitting inaccurate or false information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may assess a civil administrative penalty against each violator who submits inaccurate information or who makes a false statement, representation, or certification in any DPCC plan, DCR plan, registration, record, or other document submitted or maintained, or who falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained under the Act or any rule, regulation, plan, order or directive pursuant thereto.
(b) Each time the violator submits inaccurate or false information to the Department shall be an additional, separate, and distinct offense.
(c) Each day from the day that the violator knew or had reason to know that he or she had submitted inaccurate or false information to the Department until the day of receipt by the Department of a written correction by the violator shall be an additional, separate and distinct offense.
(d) The Department shall determine the amount of the civil administrative penalty for offenses described in this section based on the conduct of the violator as follows:
1. For each intentional, deliberate, purposeful, knowing or willful act or omission by the violator, the civil administrative penalty, for each act or omission, is up to $ 20,000 for the first offense, up to $ 40,000 for the second offense, and up to $ 50,000 for the third and each subsequent offense; and
2. For all other conduct, the civil administrative penalty, for each act or omission, is up to $ 1,000 for the first offense, up to $ 2,000 for the second offense, and up to $ 5,000 for the third and each subsequent offense.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 6 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:1E-6.7 - Civil administrative penalty for failure to allow lawful entry and inspection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may assess a civil administrative penalty against each violator who refuses, inhibits or prohibits immediate lawful entry and inspection of any premises, building, vessel or place, except private residences, by an authorized Department representative.
(b) Each day that a violator refuses, inhibits or prohibits immediate lawful entry and inspection of any premises, building, vessel, or place, except private residences, by an authorized Department representative, shall be an additional, separate and distinct offense.
(c) The amount of the civil administrative penalty for offenses described in this section is up to $ 10,000 for the first offense, up to $ 20,000 for the second offense, and up to $ 50,000 for the third and each subsequent offense.
(d) A violation under this section is non-minor and therefore not subject to a grace period.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 6 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:1E-6.9 - Conditions of grace period

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall provide a grace period for any violation identified as minor in accordance with the tables at 7:1E-6.8, provided that:
1. The violation is not the result of the purposeful, knowing, reckless or criminally negligent conduct of the person responsible for the violation;
2. The activity or condition constituting the violation has existed for less than 12 months prior to the date of discovery by the Department; and
3. The person responsible for the violation has not been identified in a previous enforcement action by the Department as responsible for the same or a substantially similar violation at the same facility within the preceding 12 month period.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 7 - CONFIDENTIALITY CLAIMS › Section 7:1E-7.1 - Procedure for making a claim

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person required to submit information to the Department under this chapter, or allow the Department to obtain such information, which such person believes in good faith to constitute confidential information, may assert a confidentiality claim by following the procedures set forth in this subchapter.
(b) A claimant shall submit to the Department (at the address provided in 7:1E-7.3 ) a confidential copy and, upon the Department's request, a preliminary public copy of any record containing assertedly confidential information. The preliminary public copy shall carry a notation stating that confidential information has been deleted. The Department may disclose the preliminary public copy to any person, without restriction or limitation.
(c) The claimant shall label the first page of the confidential copy "CONFIDENTIAL COPY." At the top of each page of the confidential copy, which page contains information that the claimant asserts is confidential information, the claimant shall place a boldface heading reading "CONFIDENTIAL." The claimant shall clearly underscore or highlight all information in the confidential copy which the claimant asserts to be confidential, in a manner which shall be clearly visible on photocopies of the confidential copy.
(d) The claimant shall seal the confidential copy in an envelope displaying the word "CONFIDENTIAL" in bold type or stamp on both sides. This envelope shall be enclosed in another envelope for transmittal to the Department. The outer envelope shall bear no markings indicating the confidential nature of the contents.
(e) The claimant shall send the package containing the confidential copy to the Department by certified mail, return receipt requested, or by other means providing a receipt for delivery.
(f) The claimant shall include in the package a written designation of a person to receive notices pursuant to 7:1E-7.2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 7 - CONFIDENTIALITY CLAIMS › Section 7:1E-7.2 - Designation by claimant of an addressee for notices and inquiries

Current through Register Vol. 56, No. 14, July 15, 2024
A claimant shall designate a person as the proper addressee of communications from the Department under N.J.A.C. 7:1E-7, 8, 9 and 10. To designate such a person, the claimant shall submit the following information to the Department in writing: the name and address of the claimant; the name, address, and telephone number of the designated person; and a request that all Department inquiries and communications (oral and written), including without limitation the inquiries and notices listed in 7:1E-7.3(a), be directed to the designee.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 7 - CONFIDENTIALITY CLAIMS › Section 7:1E-7.3 - 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 7:1E-7.2, including without limitation the following:
1. Notices requesting substantiation of claims, under 7:1E-8.2(a)1  ii;
2. Notices of denial of confidentiality claims and proposed disclosure of information, under 7:1E-8.5(a)1;
3. Notices concerning shortened comment and/or waiting periods under 7:1E-9.3(a);
4. Notices of disclosure under 7:1E-9.4; and
5. Notices of proposed use of confidential information in administrative proceedings, under 7:1E-9.7.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 8 - CONFIDENTIALITY DETERMINATIONS › Section 7:1E-8.1 - 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 N.J.A.C. 7:1E-10, 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 requirements for treatment of confidential information set forth in N.J.A.C. 7:1E-10.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 8 - CONFIDENTIALITY DETERMINATIONS › Section 7:1E-8.2 - 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 7:1E-8.3;
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 7:1E-8.4;
v. The method for requesting a time extension under 7:1E-8.4(b); and
vi. That a claimant's failure to furnish substantiation within the time allocated in 7:1E-8.4 shall operate as a waiver of the claimant's claim.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 8 - CONFIDENTIALITY DETERMINATIONS › Section 7:1E-8.3 - 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 7:1E-8.2(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 7:1E-8.4:
1. Measures taken by the claimant to prevent disclosure of the information to others, including evidence that the information is not contained in materials which are routinely available to the general public, including without limitation initial and final orders in contested case adjudications, press releases, copies of speeches, pamphlets and educational materials;
2. The extent to which the information has been disclosed to others and whether it was disclosed to other persons either by the claimant (except in a manner which protects the confidentiality of the information) or without the consent of the claimant (other than by subpoena or by discovery based on a showing of special need in a judicial proceeding, arbitration, or other proceeding in which the claimant was required to disclose the information to such other persons, as long as the information has not become available to persons not involved in the proceeding), 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 or national security, an explanation of why such harmful effects are substantial, and an explanation of the causal relationship between disclosure and such harmful effects;
5. Evidence that no law, regulation (including, without limitation, 7:1E-8.10 or any other regulations of the Department), or order by a court or other tribunal of competent jurisdiction specifically requires disclosure of the information or provides that the information is not confidential information;
6. The period of time for which the claimant desires that the Department treat the assertedly confidential information as confidential information; and
7. Any other substantiation which is relevant in establishing that the assertedly confidential information is confidential information.