reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 4 - POLLUTION PREVENTION PLANS › Section 7:1K-4.7 - Out-of-process recycling

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator of a priority industrial facility may include a description of on-site, out-of-process recycling activities in the industrial facility's Pollution Prevention Plan and Pollution Prevention Plan Summary if pollution prevention strategies are not reasonably available to the industrial facility for specific hazardous substance(s) in specific production process(es).
(b) The owner or operator of the industrial facility shall include in the industrial facility's Pollution Prevention Plan and Pollution Prevention Plan Summary a brief technical and economic analysis of whether pollution prevention strategies are reasonably available to the industrial facility for the specific hazardous substance(s) in specific production processes identified and a schedule for implementing on-site, out-of-process recycling activities for the specific hazardous substances in specific production process(es) covered by the out-of-process recycling. However, any out-of-process recycling activities reported by the industrial facility in its Pollution Prevention Plan or Pollution Prevention Plan Summary pursuant to this section shall not be included in the industrial facility's use reduction or nonproduct output reduction goals.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 4 - POLLUTION PREVENTION PLANS › Section 7:1K-4.8 - Departmental access to Pollution Prevention Plans

Current through Register Vol. 56, No. 14, July 15, 2024
The owner or operator of a priority industrial facility shall maintain a copy of the Pollution Prevention Plan for the industrial facility at the industrial facility, where it shall be available for inspection by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 4 - POLLUTION PREVENTION PLANS › Section 7:1K-4.9 - Pollution Prevention Process-Level Data Worksheet in the Pollution Prevention Plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner or operator of a priority industrial facility shall include in a Pollution Prevention Plan a P2-115, Pollution Prevention Process-Level Data Worksheet, available from the Department (at the address in (a)1 below), for recording key process-level data elements required for each process in the Pollution Prevention Plan. These include type and units of product, process-level use and nonproduct output (NPO), and data components needed to compute use and NPO. The worksheet(s) shall include base year data and shall be annually updated and included in the Plan. At the discretion of the Department, an owner or operator may include in the Pollution Prevention Plan an alternate version of this worksheet, such as an electronic spreadsheet, as developed by the facility. The worksheet shall be included in the Pollution Prevention Plan by the next submittal to the Department of a Release and Pollution Prevention Report (RPPR), or by the next revision of the P2 Plan, whichever occurs first.
1. The worksheet may be obtained at the following address:
Bureau of Compliance Support and Pollution Prevention
Department of Environmental Protection
Mail Code 401-04B
PO Box 420
Trenton, New Jersey 08625-0420
(609) 777-0518, or
by internet:
http://www.nj.gov/dep/enforcement/pp.html
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 4 - POLLUTION PREVENTION PLANS › Section 7:1K-4.10 - Retention of Pollution Prevention Plans, Plan Summaries and Progress Reports at the site

Current through Register Vol. 56, No. 14, July 15, 2024
An owner or operator of a priority industrial facility shall retain Pollution Prevention Plans, Plan Summaries and Progress Reports at the site for a minimum of five years beyond the end of the previous cycle.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 5 - POLLUTION PREVENTION PLAN SUMMARY › Section 7:1K-5.1 - Pollution Prevention Plan Summary reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator of a priority industrial facility is required to:
1. Beginning with reporting year 2005, prepare and submit to the Department electronically using the Department's on-line reporting website located at
http://www.nj.gov/dep/online/
by the deadline specified at 7:1K-3.1, a Pollution Prevention Plan Summary summarizing the industrial facility's Pollution Prevention Plan; and
2. Revise, update or modify the industrial facility's Pollution Prevention Plan Summary thereafter in accordance with 7:1K-3.6, 3.8 and 3.9.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 5 - POLLUTION PREVENTION PLAN SUMMARY › Section 7:1K-5.2 - Optional submittal of Pollution Prevention Process-Level Data Worksheet with the Pollution Prevention Plan Summary

Current through Register Vol. 56, No. 14, July 15, 2024
An owner or operator of a priority industrial facility may submit Pollution Prevention Process-Level Data Worksheet(s), as set forth at 7:1K-4.9, with the Pollution Prevention Plan Summary. In a worksheet for each process at the facility, base year data would be recorded.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 6 - POLLUTION PREVENTION PLAN PROGRESS REPORT › Section 7:1K-6.1 - Pollution Prevention Plan progress reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator of a priority industrial facility is required to:
1. Beginning with reporting year 2005, prepare and submit to the Department, by July 1 of each year after completion of the facility's initial Pollution Prevention Plan, electronically using the Department's on-line reporting website located at
http://www.nj.gov/dep/online/
, a Pollution Prevention Plan Progress Report that indicates the progress made since the base year in achieving the use reduction and non-product output reduction goals set forth in the facility's current Pollution Prevention Plan; and
2. Revise, update or modify the industrial facility's Pollution Prevention Plan Progress Report thereafter in accordance with 7:1K-3.6, 3.8 and 3.9.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 6 - POLLUTION PREVENTION PLAN PROGRESS REPORT › Section 7:1K-6.2 - Optional submittal of Pollution Prevention Process-Level Data Worksheet in lieu of the Pollution Prevention Plan Progress Report

Current through Register Vol. 56, No. 14, July 15, 2024
An owner or operator of a priority industrial facility may submit annually updated Pollution Prevention Process-Level Data Worksheet(s), as set forth at 7:1K-4.9, in lieu of the Pollution Prevention Plan Progress Report (DEQ-114, RPPR, Sections C and D). In a worksheet for each process at the facility, the latest annual data would be recorded.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 7 - FACILITY-WIDE PERMITS › Section 7:1K-7.1 - Scope and authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter constitutes the Department's requirements and procedures for implementing a pilot program for issuing facility-wide permits, as required by 13:1D-48.
(b) This subchapter shall apply, to the extent statutorily permissible, to:
1. Incorporating pollution prevention planning by industrial facilities as an element of the Department's permit programs;
2. Establishing permitted release limits using pollution prevention techniques;
3. Consolidating the Department's administrative and procedural requirements for issuing single-media permits;
4. Consolidating the administrative and technical information required by the Department in permit applications; and
5. Developing an integrated data system for tracking use, nonproduct output and releases from industrial facilities and documenting compliance or non-compliance with the terms and conditions of permits.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 7 - FACILITY-WIDE PERMITS › Section 7:1K-7.3 - Procedures for issuing facility-wide permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator of a priority industrial facility designated to participate in the facility-wide permit program pursuant to 7:1K-7.2 shall submit a complete facility-wide permit application to the Department by the deadline established by the Department. The Department shall establish a deadline for submittal of facility-wide permit applications by providing each industrial facility with at least 45 days advance notice by certified mail in order to enable the industrial facility to assert a confidentiality claim pursuant to 7:1K-8.2, if applicable.
(b) A complete facility-wide permit application shall consist of the following:
1. A complete copy of the most recent Pollution Prevention Plan prepared by the owner or operator of the priority industrial facility, subject to the confidentiality provisions of N.J.A.C. 7:1K-8 through 11; and
2. A facility-wide permit application consisting of information and data, on forms provided by or approved by the Department, for all emissions and discharges from the facility and the management of solid and hazardous wastes, including all information needed to prepare and issue permits, certificates and approvals issued by the Department pursuant to the provisions of 13:1D-1 et seq.; the Solid Waste Management Act, 13:1E-1 et seq.; the Water Pollution Control Act, 58:10A-1 et seq.; and the Air Pollution Control Act, 26:2C-1 et seq., as applicable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 7 - FACILITY-WIDE PERMITS › Section 7:1K-7.4 - Reporting findings of the pilot program; potential for expanding the program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) By March 1, 1996, the Department shall prepare and submit to the Governor and the Legislature a report analyzing the facility-wide permit program, evaluating the ability of the Department to conduct and expand the facility-wide permit program, and proposing, if warranted, a schedule to expand the applicability of the facility-wide permit program.
(b) The Department shall not issue more than 15 facility-wide permits without specific authorization by law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 8 - CONFIDENTIALITY CLAIMS › Section 7:1K-8.1 - Confidentiality of Pollution Prevention Plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator of a priority industrial facility required to prepare a Pollution Prevention Plan under this chapter shall maintain a confidential copy of the industrial facility's Pollution Prevention Plan at the industrial facility for inspection by the Department. Employees of the Department are required to handle confidential information, including the confidential copy of an industrial facility's Pollution Prevention Plan, in accordance with N.J.A.C. 7:1K-11.
(b) If the Department requires a Pollution Prevention Plan to be submitted for review pursuant to 7:1K-3.9, 3.10, 3.11, 3.12 or 3.13, the owner or operator of the industrial facility may assert a confidentiality claim for information which he or she believes in good faith to be confidential information by filing a confidentiality claim in accordance with the procedure at 7:1K-8.2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 8 - CONFIDENTIALITY CLAIMS › Section 7:1K-8.2 - Procedure for making a claim for information contained in Pollution Prevention Plans, Pollution Prevention Plan Summaries, and Pollution Prevention Plan Progress Reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person required to submit information to the Department under this chapter, or to 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 7:1K-8.4(b), a confidential copy and, upon the Department's request, a preliminary public copy of a Pollution Prevention Plan, Pollution Prevention Plan Summary, or Pollution Prevention Plan Progress Report 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 7:1K-8.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 8 - CONFIDENTIALITY CLAIMS › Section 7:1K-8.3 - Designation by claimant of an addressee for notices and inquiries

Current through Register Vol. 56, No. 14, July 15, 2024
A claimant shall designate a person as the proper addressee of communications from the Department under N.J.A.C. 7:1K-8 through 11. 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 7:1K-8.4(a), be directed to the designee.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 8 - CONFIDENTIALITY CLAIMS › Section 7:1K-8.4 - Correspondence, inquiries, and notices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall direct all correspondence, inquiries and notices relating to confidentiality claims under N.J.A.C. 7:1K-8 through 11 to the person designated by the claimant pursuant to 7:1K-8.3, including without limitation the following:
1. Notices requesting substantiation of claims, under 7:1K-9.2(a)  1ii;
2. Notices of denial of confidentiality claims and proposed disclosure of information, under 7:1K-9.5(a);
3. Notices of disclosure under 7:1K-10.3; and
4. Notices of proposed use of confidential information in administrative proceedings, under 7:1K-10.6.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 9 - CONFIDENTIALITY DETERMINATIONS › Section 7:1K-9.1 - Time for making confidentiality determinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall make a confidentiality determination:
1. If the Department receives a request, by a person to whom the Department is restricted from disclosing confidential information pursuant to N.J.A.C. 7:1K-11, to inspect or copy records containing assertedly confidential information which is the subject of a confidentiality claim; or
2. Before taking any action which is inconsistent with the requirements for treatment of confidential information set forth in N.J.A.C. 7:1K-11.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 9 - CONFIDENTIALITY DETERMINATIONS › Section 7:1K-9.2 - Notice to claimant of request for confidentiality determination

Current through Register Vol. 56, No. 14, July 15, 2024
Upon receipt of a request to inspect or copy records containing information which is the subject of a claim pursuant to 7:1K-9.1(a)1, the Department shall notify the industrial facility in writing of its receipt of the request within 15 working days of receiving the request.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 9 - CONFIDENTIALITY DETERMINATIONS › Section 7:1K-9.3 - Notice of initial confidentiality determination, and of requirement to submit substantiation of claim

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department initially determines that any of the assertedly confidential information may be confidential information, the Department shall:
1. Notify each claimant who is known to have asserted a claim applicable to such information of the following:
i. That the Department is in the process of making a confidentiality determination with respect to the claimant's claim;
ii. That the claimant is required to substantiate the claim in accordance with 7:1K-9.4;
iii. The address of the office to which the claimant's substantiation must be addressed;
iv. The time allowed for submission of substantiation pursuant to 7:1K-9.5(a);
v. The method for requesting a time extension under 7:1K-9.5(b); and
vi. That the claimant's failure to furnish substantiation within the time allocated in 7:1K-9.5 shall operate as a waiver of the claimant's claim.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 9 - CONFIDENTIALITY DETERMINATIONS › Section 7:1K-9.4 - Substantiation of confidentiality claims

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department has determined that any assertedly confidential information may be confidential information, and has notified the claimant pursuant to 7:1K-9.3(a) and (b), the claimant shall substantiate the confidentiality claim by submitting information to the Department in the following areas within the time allotted by 7:1K-9.5:
1. Measures taken by the claimant to prevent disclosure of the information to others;
2. The extent to which the information has been disclosed to others, and the precautions taken to prevent further disclosure;
3. If the Department, the United States Environmental Protection Agency, or any other State or Federal agency has previously made a confidentiality determination relevant to the pending confidentiality claim, copies of all such confidentiality determinations;
4. A description of any substantial harmful effects which disclosure would have upon the claimant's competitive position, an explanation of why such harmful effects are substantial, and an explanation of the causal relationship between disclosure and such harmful effects;
5. A demonstration that the information is not readily discoverable through reverse engineering or other analytical techniques;
6. The period of time for which the claimant desires that the Department treat the assertedly confidential information as confidential information; and
7. Any other substantiation which is relevant in establishing that the assertedly confidential information is confidential information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 9 - CONFIDENTIALITY DETERMINATIONS › Section 7:1K-9.5 - Time for submission of substantiation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The claimant shall submit substantiation within 45 days after the date of the claimant's receipt of the written notice provided under 7:1K-9.3(a)1.
(b) The Department may, in its discretion, extend the time allotted for submission of substantiation pursuant to (a) above if, before the expiration of the allotted time, the claimant submits a written request for the extension of such allotted time, provided, however, that except in extraordinary circumstances, the Department shall not approve such an extension of time in connection with a request to inspect or copy assertedly confidential information pursuant to 47:1A-1 et seq. without the consent of any person whose request to inspect or copy the allegedly confidential information under 47:1A-1 et seq. is pending.
(c) If a claimant fails to submit substantiation within the time allotted pursuant to this section, the claimant shall be deemed to have waived all confidentiality claims with respect to the information for which the substantiation was required.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 9 - CONFIDENTIALITY DETERMINATIONS › Section 7:1K-9.6 - Final confidentiality determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If, after review of all the information submitted pursuant to 7:1K-9.4, the Department determines that the assertedly confidential information is not confidential information, the Department shall take the following actions:
1. The Department shall so notify the claimant by certified mail, return receipt requested. The notice shall state the basis for the determination, that it constitutes final agency action concerning the confidentiality claim, and that the Department shall make the information available to the public on the 46th day following receipt by the claimant of the written notice. The notice shall include a copy of the final public copy to be made available to the public.
2. On or after the 46th day following receipt by the claimant of the written notice required by (a)1 above, the Department shall send written notice of the determination to any requester with a pending request to inspect or copy the information which was the subject of the confidentiality claim. The Department shall send the notice by certified mail, return receipt requested.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 9 - CONFIDENTIALITY DETERMINATIONS › Section 7:1K-9.7 - Treatment of information pending confidentiality determination

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall treat assertedly confidential information as confidential information, until the Department has made a final determination that the assertedly confidential information is not confidential information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 9 - CONFIDENTIALITY DETERMINATIONS › Section 7:1K-9.8 - Availability of information to the public after determination that information is not confidential

Current through Register Vol. 56, No. 14, July 15, 2024
If the Department determines that assertedly confidential information is not confidential information pursuant to 7:1K-9.6(a), the Department may disclose such information to any person on the date which is 14 days after the claimant's receipt of the written notice of the confidentiality determination.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 9 - CONFIDENTIALITY DETERMINATIONS › Section 7:1K-9.9 - Preparation of final public copy

Current through Register Vol. 56, No. 14, July 15, 2024
After the Department makes a final confidentiality determination that a record contains confidential information, the Department shall prepare a final public copy of the record based upon the final confidentiality determination. The Department may disclose the final public copy to any person, without restriction or limitation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 9 - CONFIDENTIALITY DETERMINATIONS › Section 7:1K-9.10 - Class confidentiality determinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may make a class confidentiality determination if the Department finds that the items of information within the class share one or more characteristics, which characteristics would cause the Department to determine consistently that such information is or is not confidential information.
(b) A class confidentiality determination shall clearly identify the class of information to which it applies. Such identification shall include a list of the common characteristics shared by all information within the class.
(c) A class confidentiality determination shall state that all of the information in the class is or is not confidential information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 9 - CONFIDENTIALITY DETERMINATIONS › Section 7:1K-9.11 - Classes of information which are not confidential information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Without limiting the ability of the Department to determine that information not listed in this section is not confidential information, the following types of information are not confidential information:
1. The name, address and business telephone number of a facility and of its owner or operator and the registered agent of such owner or operator;
2. The types and quantities of hazardous substances present at a facility;
3. Information contained in an administrative order or notice of civil administrative penalty assessment issued under 7:1K-3.10 or 7:1K-12;
4. Any other information required to be publicly disclosed pursuant to any other act, administrative rule, or regulation;
5. Any information for which a trade secret claim is prohibited by 7:1G-6.5; and
6. Any information submitted electronically pursuant to 7:1K-5.1 and 6.1.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 10 - DISCLOSURE AND USE OF CONFIDENTIAL INFORMATION OR ASSERTEDLY CONFIDENTIAL INFORMATION › Section 7:1K-10.1 - Disclosure of confidential information or assertedly confidential information to other public agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may disclose confidential information or assertedly confidential information to any other State agency or to a Federal agency if:
1. The Department receives a written request for disclosure of the information from a duly authorized officer or employee of the requesting agency;
2. The Department notifies the other agency of any pending confidentiality claim concerning the requested information, or of any confidentiality determination regarding the requested information;
3. The other agency has furnished to the Department a written opinion from the agency's chief legal officer or counsel stating that under applicable law the agency has the authority to compel the person who submitted the information to the Department (or allowed the Department to obtain such information) to disclose such information to the requesting agency;
4. The other agency has adopted regulations or operates under statutory authority that will allow it to preserve confidential information or assertedly confidential information from unauthorized disclosure, and agrees in writing to refrain from disclosure and to safeguard the information in accordance with the requirements of 7:1K-11.1 and 11.2, unless:
i. The requesting agency has statutory authority both to compel production of the information and to disclose it; or
ii. The claimant has consented to disclosure of the information by the requesting agency; and
5. The requesting agency agrees not to disclose the information further unless:
i. The requesting agency has statutory authority both to compel production of the information and to make the proposed disclosure; or
ii. The claimant has consented to disclosure of the information by the requesting agency.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 10 - DISCLOSURE AND USE OF CONFIDENTIAL INFORMATION OR ASSERTEDLY CONFIDENTIAL INFORMATION › Section 7:1K-10.2 - Disclosure of confidential information or assertedly confidential information to contractors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may disclose confidential information or assertedly confidential information to a contractor, if it complies with the procedure established under (b) below, and if:
1. The Department determines that such disclosure is necessary in order for the contractor to perform the work required by the contract;
2. The contract provides that the contractor and the contractor's employees shall use the information only for the purpose of performing the duties required by the contract, shall refrain from disclosing the information to anyone other than the Department, shall store all records containing the confidential information in locked cabinets in secure rooms, shall not duplicate the information, and shall return to the Department all originals and all copies of the information (and any abstracts or extracts therefrom, or any records containing any of the information) when the confidential information is no longer necessary to enable the contractor to perform obligations under the contract, or at any time upon the request of the Department; and
3. If the claimant so requests, the contractor contracts with the claimant to refrain from further disclosure of the information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 10 - DISCLOSURE AND USE OF CONFIDENTIAL INFORMATION OR ASSERTEDLY CONFIDENTIAL INFORMATION › Section 7:1K-10.3 - Disclosure of confidential information or assertedly confidential information to physicians or osteopaths

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may disclose confidential information or assertedly confidential information to a physician or osteopath when such information is needed for medical diagnosis or treatment if:
1. The physician or osteopath seeking disclosure of confidential information or assertedly confidential information for the purposes of medical diagnosis or treatment makes a written request for disclosure of the information. The written request shall concisely describe the need for the information and shall certify that the information is not available from other sources;
2. The physician or osteopath signs a written agreement with the Department providing that the physician or osteopath and his or her employees shall use the information only for the purpose of medical diagnosis or treatment, shall refrain from disclosing the information to anyone other than the Department, shall store all records containing the confidential information in locked cabinets in secure rooms, shall not duplicate the information, and shall return to the Department all originals and all copies of the information (and any abstracts or extracts therefrom, or any records containing any of the information) when the confidential information is no longer necessary for medical diagnosis or treatment; and
3. If the claimant so requests, the physician or osteopath signs a written agreement with the claimant to refrain from further disclosure of the information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 10 - DISCLOSURE AND USE OF CONFIDENTIAL INFORMATION OR ASSERTEDLY CONFIDENTIAL INFORMATION › Section 7:1K-10.4 - Disclosure of confidential information or assertedly confidential information for the protection of public health

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notwithstanding any other provision of this chapter, the Department may disclose confidential information or assertedly confidential information to an officer or employee of the State in connection with the official duties of the officer or employee under any law for the protection of public health.
(b) The following procedure shall apply to the disclosure of information by the Department to officers or employees of the State under any law for the protection of public health:
1. The Department shall inform the claimant that the Department is considering using the information in connection with the law for the protection of public health and shall afford the claimant a reasonable time for comment;
2. The claimant shall submit comments concerning the proposed use of the information to the Department within the time allotted pursuant to (b)1 above, including comments which may support a determination that the information is not relevant to the proceeding, or that the disclosure of the information in the proceeding is not necessary to protect the public health;
3. The Department may disclose the confidential information in connection with any law for the protection of public health if, upon consideration of the comments submitted pursuant to (b)1 above, the Department determines that the information is relevant to the subject of the proceeding, that the use of the information in the proceeding will protect the public health, and that it materially impairs the protection of the public health to limit the use of the information to a manner which preserves its confidentiality.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 10 - DISCLOSURE AND USE OF CONFIDENTIAL INFORMATION OR ASSERTEDLY CONFIDENTIAL INFORMATION › Section 7:1K-10.5 - Notice to claimants of disclosure of confidential information or assertedly confidential information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Promptly after the Department discloses confidential information or assertedly confidential information pursuant to 7:1K-10.1 through 10.4, the Department shall notify any claimant from whom the Department has obtained the information of the disclosure. Such notice shall be in writing, and shall contain the following information:
1. The date on which disclosure was made;
2. The name of the agency or other person to which the Department disclosed the information; and
3. A description of the information disclosed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 10 - DISCLOSURE AND USE OF CONFIDENTIAL INFORMATION OR ASSERTEDLY CONFIDENTIAL INFORMATION › Section 7:1K-10.6 - Disclosure by consent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may disclose confidential information or assertedly confidential information in accordance with the written consent of the claimant.
(b) A claimant's consent to a particular disclosure shall not operate as a waiver of a confidentiality claim with regard to further disclosures, unless the authorized disclosure is of such nature that the disclosed information is no longer confidential information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 10 - DISCLOSURE AND USE OF CONFIDENTIAL INFORMATION OR ASSERTEDLY CONFIDENTIAL INFORMATION › Section 7:1K-10.7 - Incorporation of confidential information or assertedly confidential information into cumulations of data

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing in this chapter shall be construed as prohibiting the incorporation of confidential information or assertedly confidential information into general compilations of information based on industry groups or classifications of hazardous substances which may be subject to disclosure as public records, or for conducting research and preparing reports pursuant to 13:1D-45, provided that after consultation with the claimant, the Department has determined that such disclosure is not in a form that would foreseeably allow persons, not otherwise having knowledge of such confidential information, to deduce from it confidential information or the identity of the person who supplied it to the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 10 - DISCLOSURE AND USE OF CONFIDENTIAL INFORMATION OR ASSERTEDLY CONFIDENTIAL INFORMATION › Section 7:1K-10.8 - Hearing before disclosure of information for which a confidentiality claim has been made

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A claimant may request an adjudicatory hearing to contest disclosure of any information for which a confidentiality claim has been made, at any time before disclosure. The request shall be in accordance with the requirements of 7:1K-12.3.
(b) The Department may deny a request for an adjudicatory hearing under (a) above if:
1. The claimant fails to provide all information required under 7:1K-12.3(b);
2. The Department receives the request after disclosure of the assertedly confidential information occurs; or
3. The Department has been ordered to disclose the information by a court of competent jurisdiction, or by any other person or entity with the power and authority to compel disclosure.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 11 - TREATMENT OF CONFIDENTIAL AND ASSERTEDLY CONFIDENTIAL INFORMATION › Section 7:1K-11.1 - Nondisclosure of confidential or assertedly confidential information

Current through Register Vol. 56, No. 14, July 15, 2024
Unless specifically required by any Federal or State law, statute, administrative rule, regulation, order, court order, or applicable court rule, the Department shall not disclose confidential or assertedly confidential information to any person other than as provided in N.J.A.C. 7:1K-10.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 11 - TREATMENT OF CONFIDENTIAL AND ASSERTEDLY CONFIDENTIAL INFORMATION › Section 7:1K-11.2 - Safeguarding of confidential or assertedly confidential information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Submissions to the Department required under this chapter will be opened only by persons authorized by the Department to be engaged in administering this chapter.
(b) Only those Department employees whose activities necessitate access to information for which a confidentiality claim has been made may open any envelope which is marked "CONFIDENTIAL."
(c) The Department shall store any records containing confidential or assertedly confidential information only in locked cabinets in secure rooms; provided, however, that if such records are in a form which is not amenable to such storage, the Department shall store such records in a manner which similarly restricts access by persons to whom disclosure of the confidential information in question is restricted.
(d) The Department shall maintain a record of all persons obtaining access to confidential or assertedly confidential information, including the date and time of, and the reasons for, the access.
(e) Any records made, possessed, or controlled by the Department or its contractors, and containing confidential or assertedly confidential information, shall contain indicators identifying the confidential or assertedly confidential information.
(f) Every Department employee, representative, and contractor who has custody or possession of confidential or assertedly confidential information shall take appropriate measures to safeguard such information and to protect against its improper disclosure.
(g) Department employees, representatives and contractors are prohibited from duplicating confidential or assertedly confidential information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 11 - TREATMENT OF CONFIDENTIAL AND ASSERTEDLY CONFIDENTIAL INFORMATION › Section 7:1K-11.3 - Confidentiality agreements

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this chapter shall supersede the provisions of any agreement imposing any duties of confidentiality or nondisclosure upon the Department or any employee, contractor or agent thereof. Such provisions imposing confidentiality or nondisclosure duties upon the Department or any employee, contractor or agent thereof shall be of no force or effect.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 11 - TREATMENT OF CONFIDENTIAL AND ASSERTEDLY CONFIDENTIAL INFORMATION › Section 7:1K-11.4 - Wrongful access or disclosure; penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall disclose, obtain or have possession of any confidential or assertedly confidential information, except as authorized by this chapter.
(b) Except in accordance with this chapter, no Department employee, representative, or contractor shall disclose any confidential or assertedly confidential information which came into his or her possession, or to which he or she gained access, by virtue of his or her official position of employment or contractual relationship with the Department. No such person shall use any such information for his or her private gain or advantage, except as permitted by a contract between such person and the Department. If a contractor discloses confidential or assertedly confidential information in violation of this chapter or of contractual provisions restricting disclosure, such disclosure shall constitute grounds for debarment or suspension as provided in N.J.A.C. 7:1D-2, Debarment, Suspension and Disqualification from Department Contracting.
(c) If the Department finds that any person has violated the provisions of this subchapter, it may:
1. Commence a civil action in Superior Court for a restraining order and an injunction barring that person from further disclosing confidential information; and/or
2. Pursue any other remedy available at law or equity.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 12 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:1K-12.1 - Authority, scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter governs the Department's issuance of administrative orders and the assessment and settlement of civil administrative penalties for violations of the Act. In particular, this subchapter establishes ranges of civil administrative penalties for violations of similar type, seriousness, and duration, as required by 13:1D-49(d). This subchapter also sets forth the procedures for persons requesting an adjudicatory hearing on an administrative order, notice of civil administrative penalty assessment or confidentiality determination issued under the Act or this chapter.
(b) The Department may assess a civil administrative penalty of not more than $ 15,000 for each violation of the Act.
(c) Each day during which a violation of the Act continues constitutes an additional, separate, and distinct offense.
(d) Neither the issuance of an administrative order, the assessment of a civil administrative penalty, nor the payment of any civil administrative penalty shall be deemed to affect the availability of any other enforcement provision provided for by the Act, or any other statute or administrative regulation, in connection with the violation of the Act for which the order is issued or the assessment is levied.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 12 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:1K-12.2 - Procedures for assessment and payment of civil administrative penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to assess a civil administrative penalty for a violation of the Act, the Department shall, by means of an administrative order and notice of civil administrative penalty assessment, notify the violator by certified mail (return receipt requested) or by personal service. The Department may, in its discretion, assess a civil administrative penalty for more than one offense in a single administrative order and notice of civil administrative penalty assessment or in multiple administrative orders and notices of civil administrative penalty assessment. The administrative order and notice of civil administrative penalty assessment shall:
1. Identify the section of the Act, rule, administrative order, or permit violated;
2. Concisely state the facts that constitute the violation of the Act;
3. Specify the amount of the civil administrative penalty assessed; and
4. Advise the violator of the right to request an adjudicatory hearing pursuant to the procedures in N.J.A.C. 7:1K-12.3.