reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1G - WORKER AND COMMUNITY RIGHT TO KNOW REGULATIONS › Subchapter 6 - TRADE SECRETS › Section 7:1G-6.9 - Criteria for determination of the validity of a trade secret claim

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any formula, plan, pattern, process, production data, information, or compilation of information shall be considered a trade secret if the employer establishes that its secrecy is certified by an appropriate official of the federal government as necessary for national defense purposes, or if the employer establishes that:
1. It is not patented;
2. It is known only to the employer and certain other individuals;
3. It is used in the research and development or production of an article or of a mixture; and
4. It gives the employer possessing it a competitive advantage over businesses who do not possess it.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1G - WORKER AND COMMUNITY RIGHT TO KNOW REGULATIONS › Subchapter 6 - TRADE SECRETS › Section 7:1G-6.10 - Request for trade secret information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person may submit, at any time, a written request for the disclosure of information for which a trade secret claim is pending or has been approved, to the appropriate Department at the address provided in 8:59-3.4 (7:1G-6.4). The request shall state the requestor's name, address, and affiliation, and may include information concerning the validity of a pending or approved trade secret claim. The names of the employees making requests for trade secret information on a Right to Know Survey or a label shall be kept confidential.
(b) A request for disclosure of an approved trade secret may be submitted only if accompanied by new significant information not previously submitted concerning the invalidity of the trade secret claim.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1G - WORKER AND COMMUNITY RIGHT TO KNOW REGULATIONS › Subchapter 6 - TRADE SECRETS › Section 7:1G-6.11 - Notification of determination of the validity of a trade secret claim

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon making a determination on the validity of a trade secret claim, the department shall notify the employer and the requestor of the determination by certified mail, return receipt requested. The notice shall state that the employer has 45 days from receipt of the department's determination to file a written request with the department for an administrative hearing on the determination.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1G - WORKER AND COMMUNITY RIGHT TO KNOW REGULATIONS › Subchapter 6 - TRADE SECRETS › Section 7:1G-6.13 - Appeal of determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department denies an employer's trade secret claim, the employer shall have 45 days from the receipt of the Department's determination to file with the Department a written request for an administrative hearing on the determination. Such request shall be filed with 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) (Reserved)
(c) If a request for an administrative hearing is made pursuant to (a) above, the department shall refer the matter to the Office of Administrative Law for a hearing thereon.
(d) Within 45 days of receipt of the administrative law judge's initial decision containing a recommendation on a matter referred to in (c) above, the Department shall affirm, reject, or modify the recommendation. The Department shall inform the employer of its decision on the administrative law judge's recommendation by certified mail return receipt requested. The Department's action shall be considered final agency action for purposes of the "Administrative Procedure Act", 52:14B-1 et seq., and shall be subject only to judicial review as provided in the Rules of Court.
(e) In the event that the department determines, pursuant to (d) above, that the trade secret claim is not valid, the employer shall have 45 days from receipt of the department's determination to notify the department, in writing, that it has filed to appeal the department's decision in the courts. If the employer does not so notify the department, the department shall disclose the information for which the trade secret claim was made in the manner set forth in 7:1G-6.14.
(f) Special rules applicable to trade secret claim appeals are set forth at N.J.A.C. 1:21.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1G - WORKER AND COMMUNITY RIGHT TO KNOW REGULATIONS › Subchapter 6 - TRADE SECRETS › Section 7:1G-6.14 - Disclosure of information determined not to be a trade secret

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After a trade secret claim has been denied and all appeals and the right to bring an appeal have been exhausted, the Department shall take the following action:
1. Modify the employer's Right to Know Survey or environmental survey, as the case may be, on file with the Department to substitute the omitted information for the trade secret docket or registry number and add the information wherever else appropriate; and
2. Direct the employer to modify the Right to Know Survey or environmental survey on file at his facility to include the information for which the trade secret claim was denied and add the information wherever else appropriate; to send modified copies of the revised Right to Know Survey or environmental survey to the appropriate Department and all county and local agencies that are required by law, rule or regulation to receive the survey containing this information; and to replace the trade secret registry number with the chemical name and Chemical Abstracts Service number on its fact sheets and container labels, if applicable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1G - WORKER AND COMMUNITY RIGHT TO KNOW REGULATIONS › Subchapter 6 - TRADE SECRETS › Section 7:1G-6.15 - Restricted access to trade secret information retained by the Department

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (b) through (g) below and 7:1G-6.7 or when so ordered by a court, no person shall willingly and knowingly disclose and no person shall willingly and knowingly receive trade secret information protected by this subchapter without the employer's written consent.
(b) An officer or employee of the State may be granted access to trade secret information protected by this subchapter, only in accordance with this section, upon a demonstration to the satisfaction of the department that such request is in connection with the official duties of the officer or employee under any law for the protection of public health.
1. An officer or employee of the State designated by the head of an agency may make a written request to the department for information on a pending or approved trade secret claim. Such request shall state:
i. Name, title, program, division and department of the officer or employee;
ii. The officer or employee's need for the information and its connection with official duties;
iii. The reason why the information cannot be obtained from other sources; and
iv. The public health law for which the information is needed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1G - WORKER AND COMMUNITY RIGHT TO KNOW REGULATIONS › Subchapter 6 - TRADE SECRETS › Section 7:1G-6.16 - Penalties for unauthorized disclosure of trade secret information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any officer or employee of the State, contractor of the State, physician or osteopath, or employee of a county health department, county clerk, or designated county lead agency, local fire department, or local police department, or any other person who has access to any confidential information, and who willingly and knowingly discloses the confidential information to any person not authorized to receive it, is guilty of a crime of the third degree.
(b) Disclosure of trade secret information by any contractor or agent of the department or its employees in violation of the Act shall constitute grounds for debarment, suspension, and disqualification from contracting with the department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1G - WORKER AND COMMUNITY RIGHT TO KNOW REGULATIONS › Subchapter 7 - ISSUANCE OF ADMINISTRATIVE ORDERS AND NOTICES OF CIVIL ADMINISTRATIVE PENALTY ASSESSMENT › Section 7:1G-7.1 - Authority and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter is promulgated to provide for the issuance of Administrative Orders and Notices of Civil Administrative Penalty Assessments and to establish a schedule and procedures for the assessment of Civil Administrative Penalties as provided in the Worker and Community Right to Know Act, 34:5A-1 et seq., at 34:5A-31(a) and (b) and (d).
(b) Pursuant to 34:5A-31(a), the Commissioner or his or her designee is authorized to issue an Administrative Order and Notice of Civil Administrative Penalty Assessment whenever any employer is in violation of the Act or any rule or regulation promulgated pursuant to the Act. The Commissioner is authorized to issue a Civil Administrative Penalty of not more than $ 2,500 for each violation, and additional penalties of not more than $ 1,000 for each day during which a violation continues after the compliance date of an Administrative Order from the Commissioner to cease such violation pursuant to 34:5A-31(d).
(c) This subchapter shall govern the issuance of Administrative Orders and Notices of Civil Administrative Penalty Assessments for violations of the Worker and Community Right to Know Act, 34:5A-1 et seq., or of any rule or regulation issued pursuant to this Act by the Department of Environmental Protection.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1G - WORKER AND COMMUNITY RIGHT TO KNOW REGULATIONS › Subchapter 7 - ISSUANCE OF ADMINISTRATIVE ORDERS AND NOTICES OF CIVIL ADMINISTRATIVE PENALTY ASSESSMENT › Section 7:1G-7.3 - Procedures for the issuance of Administrative Orders and Notices of Civil Administrative Penalties Assessments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner may issue an Administrative Order upon finding that an employer is in violation of 34:5A-1 et seq., or any rule or regulation adopted pursuant thereto. Such an order shall:
1. Specify the provision or provisions of the Act, the rule or regulation adopted pursuant thereto of which the employer is in violation;
2. Cite the action which caused the violation;
3. Require compliance with the provision of the Act or the rules or regulations adopted pursuant thereto of which the employer is in violation; and
4. Give notice to the employer of the right to an adjudicatory hearing on the matters contained in the order and specify the procedures for requesting an adjudicatory hearing.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1G - WORKER AND COMMUNITY RIGHT TO KNOW REGULATIONS › Subchapter 7 - ISSUANCE OF ADMINISTRATIVE ORDERS AND NOTICES OF CIVIL ADMINISTRATIVE PENALTY ASSESSMENT › Section 7:1G-7.4 - Compromise of penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At his or her discretion, the Commissioner or his or her authorized representative may compromise a penalty assessed pursuant to this subchapter in whole or part, in the following circumstances and on the following terms and conditions:
1. Upon the posting by the violator of a performance bond or similar form of security in an amount and upon terms deemed satisfactory by the Commissioner;
2. On the basis of mitigating or extenuating circumstances;
3. Upon any other terms or conditions acceptable to the Commissioner or his or her authorized representative;
4. Any other circumstances or conditions acceptable to the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1G - WORKER AND COMMUNITY RIGHT TO KNOW REGULATIONS › Subchapter 7 - ISSUANCE OF ADMINISTRATIVE ORDERS AND NOTICES OF CIVIL ADMINISTRATIVE PENALTY ASSESSMENT › Section 7:1G-7.5 - Alternative remedies

Current through Register Vol. 56, No. 14, July 15, 2024
Neither the issuance of an Administrative Order and Notice of Civil Administrative Penalty Assessment nor the payment of any such penalty shall be deemed to affect the availability to the Department of any enforcement provision provided for by 34:5A-31, or any other statute, in connection with the violation for which the assessment is levied.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1H - COUNTY ENVIRONMENTAL HEALTH STANDARDS OF ADMINISTRATIVE PROCEDURE AND PERFORMANCE › Subchapter 1 - GENERAL PROVISIONS › Section 7:1H-1.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
Unless otherwise provided by rule or statute, the following shall constitute the rules of the Department of Environmental Protection concerning administrative procedures and environmental health standards pursuant to the County Environmental Health Act, N.J.S.A. 26:3A-21 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1H - COUNTY ENVIRONMENTAL HEALTH STANDARDS OF ADMINISTRATIVE PROCEDURE AND PERFORMANCE › Subchapter 1 - GENERAL PROVISIONS › Section 7:1H-1.2 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
These rules shall be liberally construed to permit the department and its component divisions to effectuate the purposes of the law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1H - COUNTY ENVIRONMENTAL HEALTH STANDARDS OF ADMINISTRATIVE PROCEDURE AND PERFORMANCE › Subchapter 1 - GENERAL PROVISIONS › Section 7:1H-1.3 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules are promulgated for the following purposes:
1. To set forth standards for the administration of environmental health programs by county health departments and certified municipal or regional health agencies;
2. To establish environmental health performance standards for the control of air pollution, solid waste, noise, and water pollution.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1H - COUNTY ENVIRONMENTAL HEALTH STANDARDS OF ADMINISTRATIVE PROCEDURE AND PERFORMANCE › Subchapter 2 - ENVIRONMENTAL HEALTH STANDARDS OF ADMINISTRATIVE PROCEDURE › Section 7:1H-2.1 - Provision of environmental health services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The 19 existing county departments of health and any local health agency certified by the Commissioner of Environmental Protection pursuant to the procedures contained herein shall provide, or arrange for the provision of, environmental health services which meet the performance and administrative standards authorized herein. Every county health department and every certified local health agency is eligible for the receipt of such grants in aid for the provision of environmental health services as may become available to the Commissioner for distribution.
(b) A certified local health agency shall submit a county-wide environmental health assessment and improvement plan to the Department by November 1 of each year. The plan shall include, but not be limited to, the following elements:
1. A description of the environmental problems or issues in the county, including environmental indicators, if available, and socio-demographic characteristics;
2. An evaluation of existing resources, including personnel, equipment and funding sources to carry out delegated responsibilities;
3. A review of environmental health partnerships between the certified local health agency and other local units, a description of the respective roles of each unit and whether interlocal services agreements have been executed;
4. Recommendations for environmental health activities to be undertaken during the upcoming grant cycle that are aligned with the Department's priorities as set forth in the Strategic Plan and NEPPS performance partnership agreement; and
5. Identification of any environmental health service gaps between the Department's priorities and the certified local health agency's priorities and/or emerging environmental issues at the county level and recommendations on how to address such issues.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1H - COUNTY ENVIRONMENTAL HEALTH STANDARDS OF ADMINISTRATIVE PROCEDURE AND PERFORMANCE › Subchapter 2 - ENVIRONMENTAL HEALTH STANDARDS OF ADMINISTRATIVE PROCEDURE › Section 7:1H-2.2 - Duties and powers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The county department and local health agency shall investigate citizen complaints and provide public information and citizen education services in all matters concerning environmental health. The county department and local health agency shall monitor the various State statutes, rules and regulations concerning environmental health; shall report any violations of said statutes, rules and regulations to the department for enforcement; shall gather evidence of said violations as required; and shall provide witnesses for any resultant court action as needed. The county department and local health agency may maintain an action in a court of competent jurisdiction against any other person to enforce, or to restrain the violation of, any statute, regulation or ordinance which is designed to prevent or minimize pollution, impairment or destruction of the environment as provided in the Environmental Rights Act, 2A:35A-1 et seq.
(b) The county department may operate a technical resource center for environmental health services to provide:
1. Training programs for public and private persons or groups concerned with environmental health;
2. Laboratory services for analyzing materials to determine compliance with environmental health standards;
3. Technical assistance;
4. Library services;
5. Data collection and exchange services, concerning the results of all monitoring activities within the county; and
6. Any other function or service deemed necessary to effectuate the purpose of the County Environmental Health Act. The technical resource center may be established at the county college, if any, within the county.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1H - COUNTY ENVIRONMENTAL HEALTH STANDARDS OF ADMINISTRATIVE PROCEDURE AND PERFORMANCE › Subchapter 2 - ENVIRONMENTAL HEALTH STANDARDS OF ADMINISTRATIVE PROCEDURE › Section 7:1H-2.3 - Work program to meet standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A county department or a lead agency designated pursuant to this section shall, within 15 months of the promulgation of these standards and by September 1 of each succeeding year, prepare a work program for meeting the standards and submit it to the department. The work program shall be submitted to each municipality located in the county for review and comment prior to its submittal to the department. The work program shall:
1. Provide a detailed description of program elements;
2. Delineate responsibilities for program implementation within the county;
3. Identify the personnel and their qualifications to provide the services;
4. Identify the resources required to meet the program objectives;
5. Provide a time schedule for achieving full program implementation; and
6. In succeeding years, provide a report of accomplishments of the preceding year.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1H - COUNTY ENVIRONMENTAL HEALTH STANDARDS OF ADMINISTRATIVE PROCEDURE AND PERFORMANCE › Subchapter 2 - ENVIRONMENTAL HEALTH STANDARDS OF ADMINISTRATIVE PROCEDURE › Section 7:1H-2.4 - Certification of local health agency

Current through Register Vol. 56, No. 14, July 15, 2024
Any municipal or regional health agency which is presently providing environmental health services which meet the administrative and performance standards set forth herein and which is willing to coordinate its environmental health programs with those of its neighbors by implementing the work program of the county department or the designated lead agency, may petition the commissioner for certification and upon certification become the authorized local health agency for the performance of one or more environmental health services within its jurisdiction, if said agency serves a minimum population of 25,000. A contractual relationship whereby one municipality provides environmental health services to one or more other municipalities located in the same county will be certified as a regional health agency if the provisions of these standards are met.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1H - COUNTY ENVIRONMENTAL HEALTH STANDARDS OF ADMINISTRATIVE PROCEDURE AND PERFORMANCE › Subchapter 2 - ENVIRONMENTAL HEALTH STANDARDS OF ADMINISTRATIVE PROCEDURE › Section 7:1H-2.5 - Personnel standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every county department and local health agency shall provide environmental health services under the direction of a full-time employee trained and experienced in managing environmental health services. Each such department or agency shall be administered by a full-time health officer, provided however, that the existing administrator or a commission formed for the provision of one or more environmental health services need not be a health officer to continue as administrator of that commission.
(b) No county department or local health agency shall appoint any person to fulfill the duties of a sanitary inspector who is not a licensed sanitary inspector. Every employee of a county department or of a local health agency shall be qualified by experience and education to perform the environmental health services for which the employee is hired. Employees performing duties which, by the complexity of their nature, require a degree in the physical, chemical, biological or environmental sciences or engineering shall have such a degree.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1H - COUNTY ENVIRONMENTAL HEALTH STANDARDS OF ADMINISTRATIVE PROCEDURE AND PERFORMANCE › Subchapter 3 - ENVIRONMENTAL HEALTH PERFORMANCE STANDARDS › Section 7:1H-3.2 - Performance standards for conducting a noise control program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Enact and enforce a local ordinance containing as a minimum provisions at least equivalent to sections 6.1 and 6.2 in the "Example Community Noise Control Ordinance." Additional provisions based upon local problems shall be added as needed.
(b) Monitor and enforce compliance with N.J.A.C. 7:29.
(c) Obtain or otherwise provide at least one sound level meter, calibrator, tripod and windscreen. Sound level meters shall meet ANSIS-1.4 (1977) specifications or the most recently completed revision thereof. The calibrator shall be calibrated at least annually by a certified facility.
(d) Personnel must be certified by successful completion of a noise control course approved by the department and must be recertified at least every two years in the operation of sound level meters.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1H - COUNTY ENVIRONMENTAL HEALTH STANDARDS OF ADMINISTRATIVE PROCEDURE AND PERFORMANCE › Subchapter 3 - ENVIRONMENTAL HEALTH PERFORMANCE STANDARDS › Section 7:1H-3.5 - Performance standards for the provisions of public health laboratory services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Laboratories providing the county department or local health agency with services for the analysis of potable water must hold a laboratory certification issued by the department pursuant to 7:10-8.1.
(b) Laboratories providing the county department or local health agency with services for the analysis of wastewater, sludge and any other ground or surface water must have been granted interim approved by the department until such time as the department shall require laboratory certification for provision of these services.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1H - COUNTY ENVIRONMENTAL HEALTH STANDARDS OF ADMINISTRATIVE PROCEDURE AND PERFORMANCE › Subchapter 3 - ENVIRONMENTAL HEALTH PERFORMANCE STANDARDS › Section 7:1H-3.6 - Performance standards for conducting a potable water supply control program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Examine plans, issue certificates and permits and assure that water samples from newly constructed or altered non-public and public non-community potable water supply systems conform to requirements not less stringent than those of the current Standards for the Construction of Public Non-Community and Non-Public Water Systems, N.J.A.C. 7:10-12.
(b) Advise the department of new non-community public water systems that are approved.
(c) Inspect non-public water supply systems, collect samples and provide for laboratory analysis of water when there is reason to believe that the supply may be contaminated or open to contamination.
(d) Encourage the collection of bacteriological samples at least four times per year from non-public water systems other than those serving single dwellings, in accordance with the provisions of 7:10-7.3(d).
(e) Participate upon request of the department in special sampling of public and non-public water systems.
(f) Advise consumers of public water systems of Boil Water Orders imposed by the department when requested by the latter to do so.
(g) Implement bans on additional connections to public community water systems that cannot provide safe and adequate service to consumers, upon the request of the department.
(h) Confer with the local plumbing code official and survey premises served by non-public and public water systems for plumbing cross-connections not in compliance with the Plumbing Sub-Code, 5:23-3.5, of the New Jersey Standard Construction Code and, where found, secure abatement of such plumbing cross-connections.
(i) Assure that premises are surveyed for unapproved physical connections between public community water systems and public non-community or non-public water systems; assure removal of such unapproved physical connections or installation of approved physical connections is required in accordance with 58:12A-1 et seq. and N.J.A.C. 7:10.
(j) Perform, or assure the performance of, initial inspection, quarterly pressure tests and annual internal inspections of approved physical connection devices and certify all results of such inspection concerning compliance with 58:12A-1 et seq. and N.J.A.C. 7:10.
(k) Maintain, or assure the maintenance of, records of all certificates, inspections, sampling analyses and actions taken relating to non-public or public water systems, cross-connections, and physical connections.
(l) Where violations of applicable statutes or regulations are discovered, take appropriate enforcement action under the Environmental Rights Act, 2A:35A-1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1H - COUNTY ENVIRONMENTAL HEALTH STANDARDS OF ADMINISTRATIVE PROCEDURE AND PERFORMANCE › Subchapter 3 - ENVIRONMENTAL HEALTH PERFORMANCE STANDARDS › Section 7:1H-3.7 - Performance standards for conducting a ground water pollution control and on-site sewage system management program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Provide separately, or in cooperation with any other designated on-site sewage management agency, to the extent permitted by law, for:
1. Periodic inspection of the maintenance and operation of on-site sewage disposal systems;
2. Periodic bacteriological testing of water from selected individual or non-public potable water wells serving realty improvements which are also served by such systems;
3. The removal of the contents or the repair of such systems when inspections indicate the necessity of those actions in order to prevent or abate a violation of N.J.A.C. 7:9-2.1; and
4. Control of the health aspects of the activity of removing and transporting sewage from such systems to treatment or disposal sites approved by the department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1H - COUNTY ENVIRONMENTAL HEALTH STANDARDS OF ADMINISTRATIVE PROCEDURE AND PERFORMANCE › Subchapter 3 - ENVIRONMENTAL HEALTH PERFORMANCE STANDARDS › Section 7:1H-3.8 - Performance standards for conducting a surface water pollution control program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Plan, implement and enforce a surface water pollution control program, comprising the elements listed below, based upon the objectives contained in the New Jersey Water Pollution Control Act, 58:10A-1 et seq. and the Areawide Water Quality Management Plan adopted pursuant to the New Jersey Water Quality Planning Act, 58:11A-1 et seq.
(b) Survey streams, according to an annually established priority list, to locate outfall pipes and other sources of discharge of sewage or industrial waste into surface waters.
(c) Determine point and nonpoint sources of surface water pollution through physical inspection and dye testing.
(d) Annually, or more often as indicated, provide the department with data on the surface water pollution sources investigated, including:
1. Name of person or corporation responsible for discharge;
2. Location and mailing address of discharger;
3. Body of water receiving discharge;
4. Location of discharge into the body of water (including map);
5. General nature of discharge. (For example, municipal, industrial classification, or NPDES/NJPDES permit numbers as supplied by the department.)
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1I - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SANITARY LANDFILL FACILITY CLOSURE AND CONTINGENCY FUND ACT › Subchapter 1 - GENERAL PROVISIONS › Section 7:1I-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter constitutes the rules of the Department concerning the processing of all claims under the Sanitary Landfill Facility Closure and Contingency Fund Act, 13:1E-100 et seq. (the "Act"), for damages proximately resulting from the improper operation or improper closure of a sanitary landfill facility, pursuant to the Act, including Department procedures for review and decision making regarding such claims.
(b) This chapter is promulgated for the following purposes:
1. To implement the purposes and objectives of the Sanitary Landfill Facility Closure and Contingency Fund Act, 13:1E-100 et seq.;
2. To establish rules for administration of the Sanitary Landfill Facility Contingency Fund, established pursuant to the Act, for the purpose of providing prompt and adequate compensation for damages as defined herein; and
3. To protect and ensure that the taxes credited to the Fund are spent in a proper manner and for the intended purposes.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1I - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SANITARY LANDFILL FACILITY CLOSURE AND CONTINGENCY FUND ACT › Subchapter 1 - GENERAL PROVISIONS › Section 7:1I-1.2 - Construction and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter shall be liberally construed to allow the Department to fulfill the purposes of the Act concerning claims for compensation for damages proximately resulting from the improper operation or improper closure of a sanitary landfill facility. This chapter shall be construed in conformity with, and not in derogation of, the Act.
(b) This chapter shall apply to the processing of all claims which have not been paid, settled, denied or the subject of a final decision by the Commissioner of the Department on or before February 22, 1994, notwithstanding the date upon which any such claim was filed with the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1I - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SANITARY LANDFILL FACILITY CLOSURE AND CONTINGENCY FUND ACT › Subchapter 1 - GENERAL PROVISIONS › Section 7:1I-1.3 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any subchapter, section, subsection, provision, clause, or portion of this chapter, or the application thereof to any person is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the subchapter, section, subsection, provision, clause, portion, or application directly involved in the controversy in which such judgment shall have been rendered and it shall not affect or impair the remainder of this chapter or the application thereof.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1I - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SANITARY LANDFILL FACILITY CLOSURE AND CONTINGENCY FUND ACT › Subchapter 1 - GENERAL PROVISIONS › Section 7:1I-1.4 - Delegation

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may delegate administrative, supervisory, or investigatory authority to members of the Department's staff. The Department may enter into contracts on behalf of the Fund or the Department for the performance of services ancillary to the powers and duties of the Department under the Act, including, but not limited to, the performance of claims adjustment services.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1I - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SANITARY LANDFILL FACILITY CLOSURE AND CONTINGENCY FUND ACT › Subchapter 1 - GENERAL PROVISIONS › Section 7:1I-1.6 - Liabilities for damages

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every owner or operator of a sanitary landfill facility shall be jointly and severally liable for the proper operation and closure of the sanitary landfill facility, as required by law, and for any damages, no matter by whom sustained, proximately resulting from the operation or closure of the sanitary landfill facility.
(b) The Fund shall be strictly liable for all direct and indirect damages proximately resulting from the improper operation or improper closure of any sanitary landfill facility. The Fund shall not be liable for any damages resulting from the proper operation or proper closure of any sanitary landfill facility.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1I - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SANITARY LANDFILL FACILITY CLOSURE AND CONTINGENCY FUND ACT › Subchapter 1 - GENERAL PROVISIONS › Section 7:1I-1.7 - Signatures; certifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All claims, and all affidavits required under this chapter, shall be signed by the claimant and notarized, as follows:
1. If the claimant or affiant is a corporation, the claim or affidavit shall be signed by a person authorized by a resolution of the claimant's board of directors to sign the document in question. The claimant or affiant shall submit with the document a copy of the resolution of the claimant's board of directors authorizing the person to sign the document. The copy of the resolution shall be certified as a true copy by the secretary of the corporation.
2. If the claimant or affiant is a partnership, the claim or affidavit shall be signed by a general partner of the partnership.
3. If the claimant or affiant is a sole proprietorship, the claim or affidavit shall be signed by the proprietor of the proprietorship.
4. If the claimant or affiant is a municipality, local unit, State, Federal or other public agency, the claim or affidavit shall be signed by a principal executive officer of such entity, the ranking elected official of such entity, or the designee of such principal executive officer or ranking elected official. If the claim or affidavit is signed by a designee, the claimant shall submit with the claim or affidavit a copy of the document authorizing the designee to sign the claim or affidavit.
5. If the claimant or affiant is a natural person, the claim or affidavit shall be signed by the claimant or affiant, provided however, that if the claimant or affiant is a minor, is incompetent as defined under New Jersey law, or is deceased, the claim or affidavit shall be signed by the claimant's parent, guardian, executor, or court appointed representative, as applicable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1I - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SANITARY LANDFILL FACILITY CLOSURE AND CONTINGENCY FUND ACT › Subchapter 1 - GENERAL PROVISIONS › Section 7:1I-1.8 - Notices and other communications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All claims, notices, requests, and other communications required or permitted under this chapter shall be given in writing and sent by certified mail, return receipt requested or by other means which provides a receipt showing the date of mailing and the date of delivery. All such communications sent to the Department by certified mail shall be sent to the following address:
Department of Environmental Protection
Environmental Claims Administration
PO Box 413
Trenton, New Jersey 08625-0413
(b) All such communications sent to the Department by means for which a street address is required by the carrier shall be sent to the following address:
Department of Environmental Protection
Environmental Claims Administration
401 East State Street
Trenton, New Jersey 08609
(c) All such communications to the claimant shall be sent to the mailing address set forth in the claim under 7:1I-3.3(a)3  unless the claimant directs otherwise under 7:1I-3.6.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1I - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SANITARY LANDFILL FACILITY CLOSURE AND CONTINGENCY FUND ACT › Subchapter 1 - GENERAL PROVISIONS › Section 7:1I-1.9 - Computation of time

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In computing any period of time fixed by or under this chapter, the day of the act or event from which the designated period begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor legal holiday.
(b) In computing any period of time fixed by or under any provision of this chapter, "days" shall mean calendar days, unless the provision specifies working days.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1I - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SANITARY LANDFILL FACILITY CLOSURE AND CONTINGENCY FUND ACT › Subchapter 2 - CLAIMS GENERALLY › Section 7:1I-2.1 - Persons who may submit a claim

Current through Register Vol. 56, No. 14, July 15, 2024
Any person claiming to have incurred damages proximately resulting from the improper operation or improper closure of a sanitary landfill facility may submit to the Department a claim for such damages. No subrogee or assignee of a person who has incurred damages may submit a claim. No claim by a subrogee or assignee of a person who has incurred damages shall be eligible for compensation from the Fund.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1I - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SANITARY LANDFILL FACILITY CLOSURE AND CONTINGENCY FUND ACT › Subchapter 2 - CLAIMS GENERALLY › Section 7:1I-2.2 - Burden of proof

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No claim shall be eligible for compensation from the Fund unless the claimant shows by a preponderance of the evidence that the claim satisfies all requirements for eligibility under the Act and this chapter, and that the amount of the claim correctly reflects and is reasonable in relation to the damages which the claimant has sustained. No claimant shall be entitled to payment from the Fund unless the claimant shows by a preponderance of the evidence that the damages sustained are a proximate result of the improper operation or improper closure of a sanitary landfill facility.
(b) A claimant shall affirmatively rebut any and all reasons for denial as stated in a Notice of Intent (NOI) to deny pursuant to 7:1I-5.4 or a Denial pursuant to 7:1I-5.5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1I - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SANITARY LANDFILL FACILITY CLOSURE AND CONTINGENCY FUND ACT › Subchapter 2 - CLAIMS GENERALLY › Section 7:1I-2.3 - Damages actually incurred; mitigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A claim shall be ineligible for compensation from the Fund unless the claimant has actually incurred the damages which are the subject of the claim. A claim shall be ineligible for compensation from the Fund to the extent that the damages which are the subject of the claim are contingent or speculative.
(b) A claim shall be ineligible for compensation from the Fund to the extent that the claimant has received compensation from any other source for damages which are the subject of the claim. The claimant shall exercise best efforts to obtain compensation from any other source from which compensation is reasonably likely to be available, including, without limitation, insurance policies, court awards, contractual rights, grants or other financial assistance from the Hazardous Discharge Site Remediation Fund, 58:10B-4, the Petroleum Underground Storage Tank Remediation, Upgrade and Closure Fund, 58:10A-37.3 and any other remedies provided under statutory or common law. The Department may suspend processing of any claim pending the completion of the claimant's efforts to obtain compensation from such other sources. In determining the amount of an award, if any, the Department shall reduce the award by the amount of compensation already received by the claimant for the damage which is the subject of the claim.
(c) Claimants must fully disclose an award or settlement received or sought from any other source within 10 days of receiving compensation or within 10 days of seeking compensation from any other source. Failure to disclose such action shall result in denial of the claim.
(d) A claim involving the purchase and subsequent sale of property near a sanitary landfill facility shall be ineligible for compensation if the claimant knew or reasonably should have known of the potential that damages, including, but not limited to, property value diminution, could result by virtue of purchasing property near the particular sanitary landfill facility in question.
(e) The claimant shall exercise reasonable diligence and ordinary care and take affirmative measures to mitigate or prevent the damages incurred by the claimant from occurring in the first instance or from increasing or being aggravated. Additional damages that are the result of claimant's failure to mitigate damages shall not be eligible for compensation from the Fund.
(f) Any costs incurred by the claimant prior to filing of a claim or during the pendency of a claim shall not prejudice the rights of the Department to evaluate the reasonableness of said costs prior to the granting of an award.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1I - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SANITARY LANDFILL FACILITY CLOSURE AND CONTINGENCY FUND ACT › Subchapter 2 - CLAIMS GENERALLY › Section 7:1I-2.4 - Overlapping claims

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A claim shall be ineligible for compensation from the Fund to the extent that the Fund has already paid or settled another claim for the same damages.
(b) If two or more claims include an assertion of the same damages, the Department shall apportion payment for such damages among the claimants or exclude certain of the claims from payment. The Department shall base the apportionment or exclusion upon the Department's determination of which claimants have actually incurred the damages in question.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1I - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SANITARY LANDFILL FACILITY CLOSURE AND CONTINGENCY FUND ACT › Subchapter 2 - CLAIMS GENERALLY › Section 7:1I-2.5 - Waiver of damages not set forth in claim

Current through Register Vol. 56, No. 14, July 15, 2024
The claimant shall be deemed to have waived any damages which are not set forth in the claim or in any response to the Department's request for information under 7:1I-3.3, or in any amendment to such claim or response under 7:1I-3.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1I - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SANITARY LANDFILL FACILITY CLOSURE AND CONTINGENCY FUND ACT › Subchapter 2 - CLAIMS GENERALLY › Section 7:1I-2.7 - Administrative closure of claims

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may, in its discretion, administratively close any claim for which the claimant has:
1. Failed to take actions required by this chapter within 60 days after the claimant was required to take such action; or
2. Failed to respond to a request for information by the Department within the time period set forth in the request.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1I - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SANITARY LANDFILL FACILITY CLOSURE AND CONTINGENCY FUND ACT › Subchapter 2 - CLAIMS GENERALLY › Section 7:1I-2.8 - Relaxation of procedural requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided by (b) below, the Department may relax any of the procedural requirements of this chapter if the Department determines that strict adherence to such requirements would result in unfairness or injustice.
(b) Notwithstanding (a) above, the Department shall not relax procedural requirements of this chapter if such requirements are imposed by the Act, by other applicable State or Federal statutes, or by applicable decision, order or decree of a court of competent jurisdiction.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1I - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SANITARY LANDFILL FACILITY CLOSURE AND CONTINGENCY FUND ACT › Subchapter 2 - CLAIMS GENERALLY › Section 7:1I-2.9 - Imminent hazard

Current through Register Vol. 56, No. 14, July 15, 2024
Priority review of claims may occur in cases where the claimant has demonstrated to the Department's satisfaction that extreme hardship or extreme existing or imminent hazard will proximately result from the improper operation or improper closure of the sanitary landfill facility.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1I - PROCESSING OF DAMAGE CLAIMS PURSUANT TO THE SANITARY LANDFILL FACILITY CLOSURE AND CONTINGENCY FUND ACT › Subchapter 3 - CLAIMS PROCEDURE › Section 7:1I-3.1 - Time for filing of claims

Current through Register Vol. 56, No. 14, July 15, 2024
Claimants shall submit any claims to the Department not later than one year after the date of discovery of damages. With regard to claims filed by government entities, for damages resulting from contamination to private potable wells other than the claimant's own well(s), the date of discovery of damages is when the government entity agrees by vote, ordinance, resolution or other binding commitment, whichever occurs first, to restore, repair or replace the contaminated potable wells in question. With regard to property value diminution claims, damages, if any, are incurred when the property is sold. Claims for property value diminution, therefore, must be filed within one year of sale of the property. If a claimant fails to submit any claim to the Department within such one-year period, the claimant shall be deemed to have waived such claim. Such waiver is with prejudice and shall bar all recourse by the claimant against the Fund for any damages arising out of or related to the improper operation or improper closure of the sanitary landfill facility.