reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 5 - AUDIT PROCEDURES › Section 7:26I-5.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter establishes:
1. The Board's audit selection process at N.J.A.C. 7:26I-5.3;
2. The Board's audit review process at N.J.A.C. 7:26I-5.4;
3. The outcome of an audit at N.J.A.C. 7:26I-5.5; and
4. The consequences to an LSRP who fails to cooperate with an audit at N.J.A.C. 7:26I-5.6.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 5 - AUDIT PROCEDURES › Section 7:26I-5.3 - Selection of LSRPs to be audited

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall calculate the number of LSRPs to be audited at or prior to the beginning of each calendar year.
(b) The Board shall audit at least 10 percent of the total number of LSRPs in each calendar year.
(c) The Board shall not divulge to anyone outside of the Audit Review Team the name of an LSRP being audited, until the audit is complete.
(d) An LSRP under Board investigation pursuant to N.J.A.C. 7:26I-7 shall be exempt from an audit until such time as the investigation is complete.
(e) The Board shall not audit an LSRP within 24 months of the date of completion of his or her previous audit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 5 - AUDIT PROCEDURES › Section 7:26I-5.4 - Audit review process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (b) below, each month the Audit Committee shall assemble an Audit Review Team consisting of two or more Board members, including at least one Board member who is not an LSRP and at least one Board member who is an LSRP, to conduct the audits for the month.
(b) For audits of LSRPs who are Board members, the Audit Review Team shall consist of four Board members, including:
1. The Chairperson of the Board or the State Geologist;
2. A Board member who represents the environmental community;
3. The Board member who represents the business community or the Board member that represents the academic community; and
4. A Board member who is an LSRP.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 5 - AUDIT PROCEDURES › Section 7:26I-5.5 - Outcome of an audit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon conclusion of its review, the Audit Review Team shall determine whether the LSRP's submissions and conduct have met the standards in N.J.A.C. 7:26I-5.4(i).
(b) Upon determining that the LSRP has met the standards in N.J.A.C. 7:26I-5.4(i), the Audit Review Team shall report to the Audit Committee:
1. The name of the LSRP audited;
2. The Audit Review Team's findings; and
3. A recommendation that the audit review is complete.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 5 - AUDIT PROCEDURES › Section 7:26I-5.6 - Failure to cooperate with an audit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The LSRP, the person responsible for conducting the remediation, and any other person having information regarding an LSRP's submissions and conduct shall cooperate with the Board in the conduct of an audit and shall provide any information the Board requests.
(b) Failure to cooperate with the Board in the conduct of an audit shall be grounds for commencement of disciplinary action pursuant to N.J.A.C. 7:26I-7.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 6 - RULES OF PROFESSIONAL CONDUCT › Section 7:26I-6.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter sets forth the rules of professional conduct that an individual shall implement in the performance of professional services as an LSRP.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 6 - RULES OF PROFESSIONAL CONDUCT › Section 7:26I-6.2 - Highest priority

Current through Register Vol. 56, No. 14, July 15, 2024
An LSRP's highest priority in the performance of professional services shall be the protection of public health and safety and the environment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 6 - RULES OF PROFESSIONAL CONDUCT › Section 7:26I-6.3 - Professional competency

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An LSRP shall know and apply the applicable statutes, rules, regulations, and appropriate guidance concerning the remediation of contaminated sites including, but not limited to, the remediation requirements set forth at N.J.S.A. 58:10C-14.c:
1. The health risk and environmental standards established pursuant to 58:10B-12;
2. The Remediation Standards rules at N.J.A.C. 7:26D;
3. The indoor air standards adopted by the Department of Health pursuant to 52:27D-130.4;
4. The Technical Requirements for Site Remediation rules at N.J.A.C. 7:26E;
5. The Administrative Requirements for the Remediation of Contaminated Sites rules at N.J.A.C. 7:26C;
6. The rules adopted by the Board pursuant to sections 5 and 6 at P.L. 2009, c. 60(N.J.S.A. 58:10C-5 and 6);
7. The mandatory remediation timeframes and expedited site-specific timeframes adopted by the Department pursuant to N.J.S.A. 58:10C-28;
8. The presumptive remedies adopted by the Department pursuant to N.J.S.A. 58:10B-12; and
9. Any other applicable standards, rules, or regulations adopted pursuant to law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 6 - RULES OF PROFESSIONAL CONDUCT › Section 7:26I-6.4 - Engineering services

Current through Register Vol. 56, No. 14, July 15, 2024
An LSRP shall not perform services that constitute the practice of professional engineering, unless the LSRP is a professional engineer licensed in the State of New Jersey.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 6 - RULES OF PROFESSIONAL CONDUCT › Section 7:26I-6.5 - Notification of retention and release

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An LSRP retained by a person responsible for conducting the remediation shall submit an LSRP Notification of Retention or Dismissal through the Online Business Portal at
http://www.nj.gov/dep/online
no later than 15 days after:
1. The person responsible for conducting the remediation retains the LSRP; and
2. The person responsible for conducting the remediation releases the LSRP from responsibility for remediation, if the release occurs prior to issuance of the RAO.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 6 - RULES OF PROFESSIONAL CONDUCT › Section 7:26I-6.6 - Correcting deficiencies

Current through Register Vol. 56, No. 14, July 15, 2024
An LSRP shall, in accordance with timeframes the Department establishes, correct any deficiency the Department identifies and resubmit the document to the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 6 - RULES OF PROFESSIONAL CONDUCT › Section 7:26I-6.7 - Responsibility of successor LSRP or LSRP relying upon work performed by others

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An LSRP may complete any phase of remediation based on remediation work performed under the supervision of another site remediation professional, licensed or not, provided that the LSRP:
1. Reviews all available documentation on which he or she relies;
2. Conducts a site visit to observe current conditions and to verify the status of as much of the work previously performed as is reasonably observable; and
3. Concludes, in the exercise of his or her independent professional judgment, that there is sufficient information upon which to complete any additional phase of remediation and prepare workplans and reports related thereto.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 6 - RULES OF PROFESSIONAL CONDUCT › Section 7:26I-6.8 - Exercise of independent professional judgment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An LSRP shall exercise independent professional judgment, apply appropriate guidance, and comply with the requirements and procedures set forth in the SRRA and any rule, regulation, and order adopted or issued pursuant thereto. In the exercise of independent professional judgment an LSRP shall:
1. Apply independent professional judgment to all actions during the entire course of the remediation;
2. Describe and document the LSRP's decision-making;
3. Provide documentation of the scientific, technical, or other factors supporting his or her decision to vary from regulations or deviate from guidance when performing remediation;
4. Make decisions and conduct remediation free from outside influence that is not protective of public health and safety and the environment; and
5. Be responsible for the decisions he or she makes even when the LSRP considers information, advice, and opinions of others.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 6 - RULES OF PROFESSIONAL CONDUCT › Section 7:26I-6.9 - Responsibility to report an immediate environmental concern

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an LSRP obtains specific knowledge of a previously unreported condition at a contaminated site that in his or her independent professional judgment is an immediate environmental concern, the LSRP shall:
1. Immediately verbally advise and confirm, in writing, to the person responsible for conducting the remediation of the condition and of that person's duty to notify the Department of the condition provided that the person is known to the LSRP; and
2. Immediately notify the Department of the condition by calling the Department's telephone hotline at 1-877-WARNDEP.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 6 - RULES OF PROFESSIONAL CONDUCT › Section 7:26I-6.10 - Responsibility to report a discharge

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an LSRP retained to perform remediation at a site or any portion of a site obtains specific knowledge that a previously unreported discharge, other than of historic fill, has occurred at any location on the site, the LSRP shall:
1. Immediately notify the person responsible for conducting the remediation of the discharge and of that person's duty to notify the Department of the discharge;
2. Immediately notify the Department of the discharge by calling the Department's telephone hotline at 1-877-WARNDEP; and
3. Immediately notify any other LSRP that is working on the contaminated site of the discharge.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 6 - RULES OF PROFESSIONAL CONDUCT › Section 7:26I-6.11 - Deviation from workplan by client

Current through Register Vol. 56, No. 14, July 15, 2024
If an LSRP learns of a client's action or decision that results in a deviation from the remedial action workplan or other report concerning the remediation, the LSRP shall promptly notify the client and the Department, in writing, of the deviation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 6 - RULES OF PROFESSIONAL CONDUCT › Section 7:26I-6.12 - Client confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
An LSRP shall not reveal information obtained in a professional capacity, except as may be authorized or required by law, without the prior consent of the client, if the client has notified the LSRP, in writing, that the information is confidential. The provisions of this section shall not apply to information that is in the public domain.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 6 - RULES OF PROFESSIONAL CONDUCT › Section 7:26I-6.13 - New information after submitting report

Current through Register Vol. 56, No. 14, July 15, 2024
An LSRP who learns of material facts, data, or other information subsequent to the completion of a report concerning any phase of remediation, which would result in a report with material differences from the report submitted, shall promptly notify the client and the Department in writing of those facts, data, information, and circumstances.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 6 - RULES OF PROFESSIONAL CONDUCT › Section 7:26I-6.14 - Responsibility to disassociate from unscrupulous persons

Current through Register Vol. 56, No. 14, July 15, 2024
An LSRP shall not allow the use of his or her name by a person, and shall not associate with a person in a business venture, if the LSRP knows or should know that the person engages in fraudulent or dishonest business or professional practices regarding the professional responsibilities of an LSRP.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 6 - RULES OF PROFESSIONAL CONDUCT › Section 7:26I-6.15 - Responsibility in Board and Department investigations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An LSRP shall cooperate in an investigation by the Board or the Department by furnishing, in response to requests, orders, or subpoenas, any information the Board or the Department, or persons duly authorized by the Board or the Department, deems necessary to perform its duties, by the date the Board or the Department specifies.
(b) An LSRP shall, in the time and manner the Board or the Department prescribes, provide all information the Board or the Department requests including, but not limited to:
1. The LSRP's compliance with the SRRA and any rule, regulation, or order adopted or issued pursuant thereto and the LSRP's application of appropriate guidance; and
2. A description of and the status of any remediation the LSRP has participated in including, but not limited to:
i. Investigative and remedial activities completed to date;
ii. Investigative and remedial activities required or planned to be completed in the future;
iii. The LSRP's role in the remediation;
iv. Any other person's role in the remediation;
v. Each natural resource or environmental media included in the investigation or remediation;
vi. Data and information collected or available concerning the remediation;
vii. A projection of the cost for investigative and remediation activities required or planned to be completed in the future; and
viii. Any information that an LSRP may have that any person has violated (c) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 6 - RULES OF PROFESSIONAL CONDUCT › Section 7:26I-6.16 - Circumstances under which an LSRP is held responsible for subordinates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An LSRP shall be jointly responsible for a violation of any provision of this subchapter committed by another site remediation professional, licensed or not, whose work he or she supervises or reviews if:
1. The LSRP orders, directs, or agrees to the provision of professional services conducted or prepared by another site remediation professional, licensed or not, under his or her supervision;
2. The LSRP knows or should know that the professional services constitute a violation of the SRRA, or any rule, regulation, or order adopted or issued pursuant thereto; and
3. The LSRP fails to take reasonable steps to avoid or mitigate the violation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 6 - RULES OF PROFESSIONAL CONDUCT › Section 7:26I-6.17 - Duty to comply with Board directives regarding disciplinary matters

Current through Register Vol. 56, No. 14, July 15, 2024
An LSRP shall comply with all conditions the Board imposes as a result of a license suspension, revocation, or other Board disciplinary proceeding.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 6 - RULES OF PROFESSIONAL CONDUCT › Section 7:26I-6.18 - Duty regarding client communications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An LSRP shall inform a client or prospective client of any relevant and material assumptions, limitations, or qualifications underlying their communication by promptly providing the client or prospective client with written documentation of these assumptions, limitations, or qualifications.
(b) An LSRP shall inform a client of:
1. Each regulatory, mandatory, and expedited site-specific timeframe that the LSRP can reasonably ascertain for each contaminated site for which the LSRP has been retained;
2. The dates by which each component of the remediation shall be completed in order to meet the timeframes in (b)1 above; and
3. The penalties and consequences set forth in applicable statutes and regulations, if the timeframes in (b)1 above are not met.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 6 - RULES OF PROFESSIONAL CONDUCT › Section 7:26I-6.19 - Duty regarding public communications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An LSRP shall respond to public inquiries for information when the person responsible for conducting the remediation designates the LSRP as the point of contact for public inquiries pursuant to 7:26C-1.7(o).
(b) Information that the LSRP shall provide, when his or her client has designated the LSRP as the point of contact for the public pursuant to (a) above, shall include:
1. Information that is required to be provided to the public pursuant to 7:26C-1.7;
2. Information that has been submitted to the Department; and
3. Any additional information that is important for the public to know in order to protect their health and safety.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 6 - RULES OF PROFESSIONAL CONDUCT › Section 7:26I-6.20 - LSRP shall not induce or threaten based on connection to agency or official

Current through Register Vol. 56, No. 14, July 15, 2024
An LSRP shall not state or imply, as an inducement or a threat to a client or prospective client, an ability to improperly influence a government agency or official.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 6 - RULES OF PROFESSIONAL CONDUCT › Section 7:26I-6.21 - Prohibition against misrepresentation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In any proposal or description of qualifications, experience, or ability to provide services, an LSRP shall not knowingly:
1. Make a material misrepresentation of fact;
2. Omit a fact when the omission results in a materially misleading description; or
3. Make a statement that, in the Board's opinion, is likely to create an unjustified expectation about results the LSRP may achieve, or state or imply that the LSRP may achieve results by means that violate the provisions of applicable environmental statutes, rules, or regulations, including the SRRA and any rule, regulation, order, or guidance adopted or issued pursuant thereto.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 6 - RULES OF PROFESSIONAL CONDUCT › Section 7:26I-6.22 - Duty to notify even if no longer employed by client

Current through Register Vol. 56, No. 14, July 15, 2024
An LSRP shall provide any notification to the Board and the Department required pursuant to the SRRA or any rule, regulation, or order adopted or issued pursuant thereto if the notification requirement arises during the LSRP's retention, even if the client discharges the LSRP, or the LSRP discharges himself or herself, prior to providing the notification.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 6 - RULES OF PROFESSIONAL CONDUCT › Section 7:26I-6.23 - Conflict of interest

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An LSRP shall not accept compensation, financial or otherwise, for professional services pertaining to a contaminated site from two or more persons whose interests are adverse or conflicting, unless the circumstances are fully disclosed and agreed to by all persons engaging the LSRP.
(b) An LSRP shall not be a salaried employee of the person responsible for conducting the remediation, or any related entities, for which the LSRP is providing remediation services.
(c) An LSRP shall not allow any ownership interest, compensation, or promise of continued employment, of the LSRP or any immediate family member, to affect the professional services the LSRP provides.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 6 - RULES OF PROFESSIONAL CONDUCT › Section 7:26I-6.24 - Certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An LSRP shall not certify any document submitted to the Department, unless the LSRP makes a good faith and reasonable effort to determine that the information in the submission is true, accurate, and complete, and has:
1. Managed, supervised, or performed the work that is the basis of the submission;
2. Periodically reviewed and evaluated the work performed by other persons that forms the basis for the information in the submission; or
3. Completed the work of another site remediation professional, licensed or not, and has concluded such work is reliable, pursuant to N.J.A.C. 7:26I-6.7.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 6 - RULES OF PROFESSIONAL CONDUCT › Section 7:26I-6.25 - Response action outcome

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon completion of the remediation, the LSRP shall not issue an RAO to the person responsible for conducting the remediation until:
1. In the LSRP's opinion, the contaminated site or area of concern has been remediated so that it is in compliance with all applicable statutes, rules, and regulations protective of public health and safety and the environment; and
2. The person responsible for conducting the remediation has paid to the Department all fees and oversight costs.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 6 - RULES OF PROFESSIONAL CONDUCT › Section 7:26I-6.26 - Direct oversight

Current through Register Vol. 56, No. 14, July 15, 2024
For any contaminated site subject to direct oversight pursuant to the SRRA and N.J.A.C. 7:26C-14, the LSRP shall provide all submissions concerning the remediation that the Department requires simultaneously to the Department and the person responsible for conducting the remediation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 6 - RULES OF PROFESSIONAL CONDUCT › Section 7:26I-6.27 - Maintenance of data, documents, records, and information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An LSRP shall, for each contaminated site for which he or she has been retained, maintain and preserve all data, documents, records, and information concerning the remediation that the LSRP has managed, supervised, or performed, and concerning the work performed by other persons that the LSRP has reviewed and evaluated or relied upon including, but not limited to, technical records, contractual documents, raw sampling data, and monitoring data. This obligation exists whether or not the data, documents, records, and information concerning the remediation was developed by the LSRP or the LSRP's divisions, employees, agents, accountants, contractors, or attorneys.
1. The period of time during which an LSRP shall maintain all data, documents, records, and information concerning remediation activities at a contaminated site shall be a minimum of 10 years following the later of the following dates:
i. The date that the LSRP submits a notification of dismissal to the Department;
ii. The date that the LSRP issues his or her last area of concern specific or entire site RAO for the site; or
iii. The date that the LSRP completes his or her obligations with respect to any remedial action permit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 6 - RULES OF PROFESSIONAL CONDUCT › Section 7:26I-6.28 - Cooperation with Department review of remediation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An LSRP shall provide any data, documents, records, and information the Department requests to conduct a review of the remediation of a contaminated site pursuant to 58:10C-21, by the date the Department specifies.
(b) Unless the Department directs otherwise, the LSRP may continue to remediate the contaminated site on behalf of the person responsible for conducting the remediation while the Department conducts any inspection or additional review of documents pursuant to 58:10C-21.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 7 - DISCIPLINARY PROCEEDINGS › Section 7:26I-7.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter describes the procedures the Board shall follow to:
1. Investigate complaints against any person suspected of violating the SRRA or any rule, regulation, or order adopted or issued pursuant thereto, not applying appropriate guidance, or knowingly making any false statement, representation, or certification in any document or information submitted to the Board or the Department;
2. Take disciplinary action against any person the Board finds to have violated the SRRA or any rule, regulation, or order adopted or issued pursuant thereto, or to have knowingly made any false statement, representation, or certification in any document or information submitted to the Board or the Department; and
3. Maintain on the Board website a record of the disposition of complaints and provide the public with information upon request.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 7 - DISCIPLINARY PROCEEDINGS › Section 7:26I-7.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter governs the:
1. Filing of a complaint at N.J.A.C. 7:26I-7.3;
2. Board's determination to investigate a complaint at N.J.A.C. 7:26I-7.4;
3. Board's investigation of a complaint at N.J.A.C. 7:26I-7.5;
4. Board's actions in response to a complaint at N.J.A.C. 7:26I-7.6; and
5. Board's actions in response to any person's violation of the SRRA or any rule, regulation, or order adopted or issued pursuant thereto at N.J.A.C. 7:26I-7.7, which include license suspension or revocation (N.J.A.C. 7:26I-7.8 ), issuance of an administrative order (N.J.A.C. 7:26I-7.9 ), and issuance of a civil administrative penalty (N.J.A.C. 7:26I-7.10 ).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 7 - DISCIPLINARY PROCEEDINGS › Section 7:26I-7.3 - Filing of complaint

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person may file a complaint with the Board alleging that a person has:
1. Violated the SRRA or any rule, regulation, or order adopted or issued pursuant thereto or did not apply appropriate guidance; or
2. Knowingly made any false statement, representation, or certification in any document or information submitted to the Board or the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 7 - DISCIPLINARY PROCEEDINGS › Section 7:26I-7.4 - Board's determination to investigate complaint

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a complaint, Board staff shall:
1. Acknowledge receipt of the complaint to the complainant;
2. Redact the identities of the subject of the complaint and the complainant; and
3. Forward the complaint with the identities of the subject of the complaint and the complainant redacted to the Professional Conduct Committee.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 7 - DISCIPLINARY PROCEEDINGS › Section 7:26I-7.5 - Board's investigation of complaint

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the convening of a Complaint Review Team pursuant to N.J.A.C. 7:26I-7.4(c), the Board staff shall inform the Complaint Review Team of the identities of the subject of the complaint and the complainant.
(b) Each Complaint Review Team member shall certify that he or she is free of conflict with the subject of the complaint and the complainant, and can fairly and objectively investigate the complaint.
(c) The Board staff shall notify the subject of the complaint that a complaint has been received. The notification letter shall include:
1. The name of the complainant;
2. A copy of the complaint form; and
3. A request for information and a response to the allegations of the complaint.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 7 - DISCIPLINARY PROCEEDINGS › Section 7:26I-7.6 - Board's actions in response to complaint

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall review the findings and recommendations of the Complaint Review Team and Professional Conduct Committee in executive session.
(b) The Board shall take one of the following actions with regard to the complaint:
1. Refer the complaint back to the Professional Conduct Committee for further investigation of specific issues;
2. Determine that no violation has been identified; or
3. Determine that the subject of the complaint has committed one or more violations of the SRRA or any rule, regulation, or order adopted or issued pursuant thereto, or has knowingly made one or more false statements, representations, or certifications in any document or information submitted to the Board or the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 7 - DISCIPLINARY PROCEEDINGS › Section 7:26I-7.7 - Board's actions in response to violation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever the Board determines that a person has violated the SRRA or any rule, regulation, or order adopted or issued pursuant thereto, or has knowingly made any false statement, representation, or certification in any document or information submitted to the Board or the Department, the Board may:
1. Suspend or revoke the license of an LSRP or impose another sanction on the LSRP;
2. Institute a civil action in Superior Court;
3. Issue an administrative order;
4. Bring an action in Superior Court for a civil penalty;
5. Assess a civil administrative penalty;
6. Petition the Attorney General to bring a criminal action; or
7. Issue a letter of warning or admonition.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 7 - DISCIPLINARY PROCEEDINGS › Section 7:26I-7.8 - License suspension or revocation and other sanctions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In each notice of intent to suspend or revoke the license of an LSRP or impose another sanction, the Board shall:
1. Identify the specific act(s) or omission(s) constituting the violation;
2. Specify the provision(s) of the statute, rule, regulation, or order violated;
3. Specify the license to be suspended or revoked, or the sanction to be imposed;
4. If suspension, specify the term of suspension and any conditions on the reinstatement of the license;
5. Order the LSRP to provide for the maintenance and preservation of all data, documents, records, and information concerning remediation activities at each contaminated site the LSRP has worked on pursuant to N.J.A.C. 7:26I-6.27;
6. Affirm the opportunity to request a hearing and the procedures for requesting a hearing; and
7. Include a copy of the Board Administrative Hearing Request Checklist, which is found on the Board website at
www.nj.gov/lsrpboard
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 7 - DISCIPLINARY PROCEEDINGS › Section 7:26I-7.9 - Administrative order

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In each administrative order the Board shall:
1. Identify the specific act(s) or omission(s) constituting the violation;
2. Specify the provision(s) of the statute, rule, regulation, or order violated;
3. Order the violator to comply with the SRRA and any rule, regulation, or order adopted or issued pursuant thereto,
including, but not limited to, the provision(s) violated;
4. Affirm the opportunity to request a hearing and the procedures for requesting a hearing; and
5. Include a copy of the Board Administrative Hearing Request Checklist, which is found on the Board website at
www.nj.gov/lsrpboard
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 7 - DISCIPLINARY PROCEEDINGS › Section 7:26I-7.10 - Civil administrative penalty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In each civil administrative penalty the Board shall:
1. Identify the specific act(s) or omission(s) constituting the violation;
2. Specify the provision(s) of the statute, rule, regulation, or order violated;
3. State the amount of the civil penalty to be assessed, which shall not be more than $ 10,000 for a first violation and not more than $ 20,000 for every subsequent violation;
4. Affirm the opportunity to request a hearing and the procedures for requesting a hearing; and
5. Include a copy of the Board Administrative Hearing Request Checklist, which is found on the Board website at
www.nj.gov/lsrpboard
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 8 - ADJUDICATORY PROCEEDINGS › Section 7:26I-8.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to establish the procedures for requesting an adjudicatory hearing to appeal any of the Board's determinations set forth in N.J.A.C. 7:26I-8.3(a).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 8 - ADJUDICATORY PROCEEDINGS › Section 7:26I-8.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter contains provisions that govern the procedures for:
1. Requesting and conducting an adjudicatory hearing at N.J.A.C. 7:26I-8.3;
2. Denying a request for an adjudicatory hearing at N.J.A.C. 7:26I-8.4; and
3. Issuing final orders and other Board decisions at N.J.A.C. 7:26I-8.5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 8 - ADJUDICATORY PROCEEDINGS › Section 7:26I-8.3 - Procedures for requesting and conducting an adjudicatory hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person may request an adjudicatory hearing to appeal any of the following Board actions:
1. A denial of a person's application for an LSRP license renewal pursuant to N.J.A.C. 7:26I-2.11;
2. License suspension or revocation, or other sanction, pursuant to N.J.A.C. 7:26I-2.13, 2.14, and 7.8;
3. An issuance of an administrative order pursuant to N.J.A.C. 7:26I-7.9; and
4. An assessment of a civil administrative penalty pursuant to N.J.A.C. 7:26I-7.10.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 8 - ADJUDICATORY PROCEEDINGS › Section 7:26I-8.4 - Procedures for denying a request for an adjudicatory hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall deny the hearing request if the petitioner does not:
1. Submit a request within 35 days after receipt of notification of the Board's action; or
2. Comply with the requirements for requesting a hearing at N.J.A.C. 7:26I-8.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 8 - ADJUDICATORY PROCEEDINGS › Section 7:26I-8.5 - Final orders and other Board decisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A notice of denial of an application for a renewed LSRP license shall become a final order upon the occurrence of any of the following:
1. The Board's issuance of a final decision after an adjudicatory hearing;
2. The Board's denial of a hearing request pursuant to N.J.A.C. 7:26I-8.4; or
3. There is no request for a hearing pursuant to N.J.A.C. 7:26I-8.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 9 - PROHIBITION AGAINST RETALIATORY ACTION › Section 7:26I-9.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the performance of his or her duties and obligations pursuant to the SRRA and any rule, regulation, or order adopted or issued pursuant thereto, or in the LSRP's application of appropriate guidance, an LSRP may be required to take action that is adverse to a client, an employer, or another person in order to protect public health and safety and the environment or otherwise carry out his or her professional services in compliance with the SRRA and any rule, regulation, or order adopted or issued pursuant thereto, or in the LSRP's application of appropriate guidance.
(b) This subchapter is intended to deter a person from retaliating against an LSRP in the performance of his or her professional services.
(c) This subchapter is intended to deter an LSRP from retaliating against a person who files a complaint with the Board about the LSRP, or who provides information to the Board during the conduct of an audit or investigation of the LSRP.
(d) Retaliatory actions shall include, but not be limited to, reprisal by discharge, suspension, demotion, or other adverse employment action taken against an employee in the terms and conditions of employment, or otherwise terminating a person's employment or contract to provide professional services.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 9 - PROHIBITION AGAINST RETALIATORY ACTION › Section 7:26I-9.2 - Retaliatory action prohibited

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall take or threaten to take retaliatory action if an LSRP:
1. Discloses, or undertakes to disclose, to the Board or to the Department an activity, policy, or practice that the LSRP reasonably believes:
i. Is a violation of law, or a rule or regulation adopted pursuant to law, including any violation involving deception of, or misrepresentation to, any client, customer, the Board, the Department, or any other governmental entity; or
ii. Is fraudulent or criminal, including any activity, policy, or practice of deception or misrepresentation that the LSRP reasonably believes may defraud any client, customer, the Board, the Department, or any other governmental entity;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26I - REGULATIONS OF THE NEW JERSEY SITE REMEDIATION PROFESSIONAL LICENSING BOARD › Subchapter 9 - PROHIBITION AGAINST RETALIATORY ACTION › Section 7:26I-9.3 - Disciplinary action

Current through Register Vol. 56, No. 14, July 15, 2024
Any person who violates any provision of this subchapter shall be subject to disciplinary action by the Board pursuant to N.J.A.C. 7:26I-7.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.1 - 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 Bureau of Air Pollution Control and shall govern the emitting of and such activities as result in the introducing of contaminants into the ambient atmosphere.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.2 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules shall be construed so as to permit the Department, the Bureau of Air Pollution Control and its various agencies to discharge its statutory functions.
(b) The Commissioner and the Director of the Division of Environmental Quality may amend, expand or repeal these rules after public hearing. Such actions shall be filed with the Secretary of State as required by law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.3 - Practice where rules do not govern

Current through Register Vol. 56, No. 14, July 15, 2024
The Commissioner, the Director of the Division of Environmental Quality or any agency chief shall exercise his discretion in respect of any other matters not governed by these rules.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.5 - Municipal ordinances or regulations

Current through Register Vol. 56, No. 14, July 15, 2024
No ordinance or regulation of any governing body of a municipality or county or board of health not inconsistent with this Chapter shall be superseded by this Chapter and nothing in this Chapter shall preclude the right of any governing body of a municipality or county or board of health to adopt ordinances or regulations not inconsistent with this Chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.6 - Procedure for making a confidentiality 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 7:27-1.8 ) 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 7:27-1.7.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL PROVISIONS › Section 7:27-1.7 - 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 7:27-1.6 through 1.30. 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 7:27-1.8(a), be directed to the designee.