reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 8 - CONFIDENTIALITY DETERMINATIONS › Section 7:1E-8.4 - Time for submission of substantiation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The claimant shall submit substantiation within 30 days after the date of the claimant's receipt of the written notice provided under 7:1E-8.2(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 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 8 - CONFIDENTIALITY DETERMINATIONS › Section 7:1E-8.5 - Final confidentiality determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If, after review of all the information submitted pursuant to 7:1E-8.2 and 8.3, the Department determines that the assertedly confidential information is not confidential information, the Department shall take the following actions:
1. The Department shall so notify the claimant by certified mail, return receipt requested. The notice shall state the basis for the determination, that it constitutes final agency action concerning the confidentiality claim, and that the Department shall make the information available to the public on the 14th day following receipt by the claimant of the written notice. The notice shall include a copy of the final public copy to be made available to the public.
2. On or after the 14th day following receipt by the claimant of the written notice required by (a)1 above, the Department shall send written notice of the determination to any requester with a pending request to inspect or copy the information which was the subject of the confidentiality claim. The Department shall send the notice by certified mail, return receipt requested.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 8 - CONFIDENTIALITY DETERMINATIONS › Section 7:1E-8.6 - 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 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 8 - CONFIDENTIALITY DETERMINATIONS › Section 7:1E-8.7 - 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 7:1E-8.5(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 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 8 - CONFIDENTIALITY DETERMINATIONS › Section 7:1E-8.8 - 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 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 8 - CONFIDENTIALITY DETERMINATIONS › Section 7:1E-8.9 - 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 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 8 - CONFIDENTIALITY DETERMINATIONS › Section 7:1E-8.10 - 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 the owner or operator of a transmission pipeline, or of the registered agent of such owner or operator;
2. 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;
3. Schedules of integrity testing for aboveground storage tanks required to be submitted under 7:1E-2.2(a)4, and information concerning the methods of testing;
4. Test reports for aboveground storage tanks required to be submitted under 7:1E-2.2(a)5;
5. Information contained in documentation of employee training, evaluation and qualifying activities required to be maintained under 7:1E-2.12(d);
6. The storage capacity of a facility, the transfer capacity of a facility, and the types of hazardous substances present at a facility;
7. Discharge cleanup information required to be submitted under 7:1E-3.4;
8. Lists of standard operating procedures required to be submitted under 7:1E-4.2(c)14;
9. Information concerning procedures for mobilizing equipment in the event of a discharge;
10. Names and titles of response coordinators and other persons authorized to hire contractors and release funds for discharge response, containment, cleanup and removal;
11. Information concerning proposed methods of disposal of material gathered during cleanups;
12. Housekeeping and maintenance records required to be made available under 7:1E-4.2(f)6;
13. The locations of environmentally sensitive areas;
14. Certifications required under 7:1E-4.11, and the identity of any person signing such a certification;
15. Information which the Department is required to report under 7:1E-5.9; and
16. Information contained in an administrative order or notice of civil administrative penalty assessment under 7:1E-6.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 9 - DISCLOSURE AND USE OF CONFIDENTIAL INFORMATION › Section 7:1E-9.1 - Disclosure of confidential information to other public agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may disclose confidential information to any other state agency or to a Federal agency if:
1. The Department receives a written request for disclosure of the information from a duly authorized officer or employee of the requesting agency;
2. The Department notifies the other agency of any pending confidentiality claim concerning the requested information, or of any confidentiality determination regarding the requested information;
3. The other agency has furnished to the Department a written opinion from the agency's chief legal officer or counsel stating that under applicable law the agency has the authority to compel the person who submitted the information to the Department (or allowed the Department to obtain such information) to disclose such information to the requesting agency;
4. The other agency has adopted regulations or operates under statutory authority that will allow it to preserve confidential information from unauthorized disclosure, and agrees in writing to refrain from disclosure and to safeguard the information in accordance with the requirements of 7:1E-10.1 and 10.2, 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 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 9 - DISCLOSURE AND USE OF CONFIDENTIAL INFORMATION › Section 7:1E-9.2 - Disclosure of confidential information to contractors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may disclose confidential information to a contractor, if it complies with the procedure established under (b) below, and if:
1. The Department determines that such disclosure is necessary in order for the contractor to perform the work required by the contract;
2. The contract provides that the contractor and the contractor's employees shall use the confidential information only for the purpose of performing the duties required by the contract, shall refrain from disclosing the confidential information to anyone other than the Department, shall store all records containing the confidential information in locked cabinets in secure rooms, and shall return to the Department all originals and all copies of the information (and any abstracts or extracts therefrom, or any records containing any of the confidential information) when the confidential information is no longer necessary to enable the contractor to perform obligations under the contract, or at any time upon the request of the Department; and
3. If the claimant so requests, the contractor contracts with the claimant to refrain from further disclosure of the confidential information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 9 - DISCLOSURE AND USE OF CONFIDENTIAL INFORMATION › Section 7:1E-9.3 - Disclosure to alleviate an imminent and substantial danger

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department finds that disclosure of confidential information would serve to alleviate an imminent and substantial danger to public health, safety or the environment, the Department may, in its discretion, take one or more of the following actions:
1. Reduce the time allotted for providing substantiation pursuant to 7:1E-8.4, and notify the claimant of such reduction;
2. Advance the date on which the Department may disclose information which the Department has determined is not confidential information, pursuant to 7:1E-8.5(a), and notify the claimant of such advance; or
3. Immediately disclose the confidential information to any person whose role in alleviating the danger to public health and the environment makes such disclosure necessary. Any disclosure pursuant to this paragraph shall be limited to information necessary to enable the person to whom it is disclosed to carry out the activities in alleviating the danger. Any disclosure made pursuant to this paragraph shall not be deemed a waiver of a confidentiality claim and shall not be grounds for any determination that information is no longer confidential information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 9 - DISCLOSURE AND USE OF CONFIDENTIAL INFORMATION › Section 7:1E-9.4 - Notice to claimants of disclosure of confidential information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Promptly after the Department discloses confidential information pursuant to 7:1E-9.1, 9.2 or 9.3, the Department shall notify any claimant from whom the Department has obtained confidential information of the disclosure. Such notice shall be in writing, and shall contain the following information:
1. The date on which disclosure was made;
2. The name of the agency or other person to which the Department disclosed the confidential information; and
3. A description of the confidential information disclosed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 9 - DISCLOSURE AND USE OF CONFIDENTIAL INFORMATION › Section 7:1E-9.5 - Disclosure by consent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may disclose confidential information in accordance with the written consent of the claimant.
(b) A claimant's consent to a particular disclosure shall not operate as a waiver of a confidentiality claim with regard to further disclosures, unless the authorized disclosure is of such nature that the disclosed information is no longer confidential information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 9 - DISCLOSURE AND USE OF CONFIDENTIAL INFORMATION › Section 7:1E-9.6 - Incorporation of confidential information into cumulations of data

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing in this chapter shall be construed as prohibiting the incorporation of confidential information into cumulations of data subject to disclosure as public records, provided that after consultation with the claimant, the Department has determined that such disclosure is not in a form that would foreseeably allow persons, not otherwise having knowledge of such confidential information, to deduce from it the confidential information or the identity of the person who supplied it to the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 9 - DISCLOSURE AND USE OF CONFIDENTIAL INFORMATION › Section 7:1E-9.7 - Disclosure of confidential information in rulemaking, permitting, and enforcement proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notwithstanding any other provision of this subchapter, the Department may disclose confidential information in rulemaking, permitting and enforcement proceedings.
(b) The following procedures shall apply to the disclosure of confidential information by the Department in rulemaking, permitting and enforcement proceedings:
1. The Department may disclose confidential information in an adjudicatory hearing, subject to the protection from making the information available to the public which the administrative law judge may impose under the Uniform Administrative Procedure Rules, N.J.A.C. 1:1 including without limitation 1:1-14.1.
2. The Department may disclose confidential information in any enforcement, permitting, or rulemaking proceeding which does not involve an adjudicatory hearing, pursuant to the following procedure:
i. The Department shall inform the claimant that the Department is considering using the information in connection with the proceeding and shall afford the claimant a reasonable period for comment;
ii. The claimant shall submit comments to the Department within the time allotted pursuant to (b)2i above, concerning the proposed uses of confidential information, including comments which may support a determination that the confidential information is not relevant to the proceeding, or that the disclosure of the confidential information in the proceeding is not necessary to serve the public interest;
iii. The Department may disclose the confidential information in the proceeding if, upon consideration of comments submitted pursuant to (b)2ii above, the Department determines that the information is relevant to the subject of the proceeding, that the use of the information in the proceeding will serve the public interest, and that it materially impairs such service of the public interest to limit the use of the information to a manner which preserves its confidentiality; and
iv. The Department shall give the affected person at least five days notice prior to using the information in the proceeding in a manner which may result in the information being made available to the public.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 9 - DISCLOSURE AND USE OF CONFIDENTIAL INFORMATION › Section 7:1E-9.8 - 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 at N.J.A.C. 7:1E-6.4(b), and shall be delivered to the Department at the following address:
New Jersey Department of Environmental Protection
Office of Administrative Hearings and Dispute Resolution
ATTENTION: Adjudicatory Hearing Requests
401 E. State Street
Mail Code 401-07A
PO Box 420
Trenton, New Jersey 08625-0420
(b) The Department may deny a request for an adjudicatory hearing under (a) above if:
1. The claimant fails to provide all information required under 7:1E-6.4(b);
2. The Department receives the request after disclosure of the assertedly confidential information occurs;
3. The Department has been ordered to disclose the information by a court of competent jurisdiction, or by any other person or entity with the power and authority to compel disclosure; or
4. The Department determines that disclosure is necessary to alleviate an imminent danger to the environment or to public health or safety, as provided in 7:1E-9.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 10 - TREATMENT OF CONFIDENTIAL INFORMATION › Section 7:1E-10.1 - Nondisclosure of confidential information

Current through Register Vol. 56, No. 14, July 15, 2024
Unless specifically required by any Federal or State law, regulation or order, court order, or applicable court rule, the Department shall not disclose confidential information to any person other than as provided in N.J.A.C. 7:1E-9.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 10 - TREATMENT OF CONFIDENTIAL INFORMATION › Section 7:1E-10.2 - Safeguarding of confidential information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Submissions to the Department required under this chapter will be opened only by persons authorized by the Department to be engaged in administering this chapter.
(b) Only those Department employees whose activities necessitate access to information for which a confidentiality claim has been made may open any envelope which is marked "CONFIDENTIAL".
(c) The Department shall store any records containing confidential information only in locked cabinets in secure rooms; provided, however, that if such records are in a form which is not amenable to such storage, the Department shall store such records in a manner which similarly restricts access by persons to whom disclosure of the confidential information in question is restricted.
(d) Any records made, possessed, or controlled by the Department or its contractors, and containing confidential information, shall contain indicators identifying the confidential information.
(e) Every Department employee, representative, and contractor who has custody or possession of confidential information shall take appropriate measures to safeguard such information and to protect against its improper disclosure.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 10 - TREATMENT OF CONFIDENTIAL INFORMATION › Section 7:1E-10.3 - 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 of any employee, contractor or agent thereof shall be of no force or effect.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES › Subchapter 10 - TREATMENT OF CONFIDENTIAL INFORMATION › Section 7:1E-10.4 - 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 information, except as authorized by this chapter.
(b) Except in accordance with this chapter, no Department employee, representative, or contractor shall disclose any confidential information which came into his or her possession, or to which he or she gained access, by virtue of his or her official position of employment or contractual relationship with the Department. No such person shall use any such information for his or her private gain or advantage, except as permitted by a contract between such person and the Department. If a contractor discloses confidential information in violation of this chapter or of contractual provisions restricting disclosure, such disclosure shall constitute grounds for debarment or suspension as provided in N.J.A.C. 7:1D-2, Debarment, Suspension and Disqualification from Department Contracting.
(c) If the Department finds that any person has violated the provisions of this subchapter, it may:
1. Commence civil action in Superior Court for a restraining order and an injunction barring that person from further disclosing confidential information; and/or
2. Pursue any other remedy available at law or equity.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 1 - GENERAL PROVISIONS › Section 7:1F-1.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall constitute the rules of the Department for the construction, operation, modification, and decommissioning of any underground storage cavern system in the State.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 1 - GENERAL PROVISIONS › Section 7:1F-1.2 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter, being necessary to promote the public health, safety, welfare, and environment, shall be liberally construed to permit the Department to implement its statutory functions and to effectuate the purposes of N.J.S.A. 58:10-35.1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 1 - GENERAL PROVISIONS › Section 7:1F-1.3 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter is promulgated for the following purposes:
1. To establish the Department's underground storage cavern program to ensure that all underground storage cavern systems are constructed, operated, modified, and decommissioned in a manner that will preserve the integrity of the underground storage cavern system, and minimize any potential threat to public health, safety, and the environment, including preventing the pollution, contamination, diversion, or depletion of subsurface and percolating waters, air, and other environmental media; and
2. To implement the technical and permitting requirements of the Act.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 1 - GENERAL PROVISIONS › Section 7:1F-1.4 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter applies to the construction, operation, modification, and decommissioning of underground storage cavern systems.
(b) The owner and operator of an underground storage cavern system shall ensure that any underground storage cavern system is constructed, operated, modified, and decommissioned, in accordance with the requirements of this chapter.
(c) No underground storage cavern system subject to the requirements of this chapter shall be constructed without approval, or operated without a permit, from the Department issued pursuant to N.J.A.C. 7:1F-4, modified without an approval pursuant to N.J.A.C. 7:1F-5, or decommissioned without an approval pursuant to N.J.A.C. 7:1F-6.
(d) A permit issued by the Department pursuant to N.J.A.C. 7:1F-4 shall only apply to a single regulated substance, as specified by the owner and operator in its permit application. LPG shall be considered a single regulated substance.
(e) The storage of liquefied natural gas in an underground storage cavern system is not permitted pursuant to this chapter.
(f) Each owner and each operator is fully responsible for compliance with the requirements of this chapter and with the permit and permit conditions, including adequate design, construction, and operation of the system, even if employees, contractors, or others work on or operate the permitted system.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 1 - GENERAL PROVISIONS › Section 7:1F-1.5 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any section, subsection, provision, clause, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 1 - GENERAL PROVISIONS › Section 7:1F-1.7 - Municipal ordinances or regulations

Current through Register Vol. 56, No. 14, July 15, 2024
Any ordinance or regulation of any governing body of a municipality or county or board of health shall not 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.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 1 - GENERAL PROVISIONS › Section 7:1F-1.8 - Certification of information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who submits an application, report, or other document to the Department pursuant to the requirements in this chapter shall include the following certification or certifications:
1. A certification, signed by the person or persons, including, but not limited to, any consultants, licensed engineers, or contractors, with direct knowledge of, and responsibility for, the information contained in the certified document. The certification shall state:
"I certify under penalty of law that I believe the information provided in this document is true, accurate, and complete."
2. A certification signed by a responsible corporate official that states:
"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and any of its attachments and, based on my inquiry of those persons immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete."
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 1 - GENERAL PROVISIONS › Section 7:1F-1.10 - Program information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless otherwise specified, forms, checklists, and other information related to this chapter can be requested from the Bureau of Release Prevention at the address at (b) below, by telephone at (609) 633-0610, by fax at (609) 633-7031, by email at release_prevention@dep.nj.gov, or obtained through the Bureau's website at
http://www.nj.gov/dep/enforcement/brp.htm
. Further information about the Department can be accessed at
www.nj.gov/dep/
.
(b) Applications, forms, and correspondence related to this chapter must be submitted to the New Jersey Department of Environmental Protection, Bureau of Release Prevention, Mail Code 22-03D, 401 East State Street, PO Box 420, Trenton, New Jersey, 08625-0420, or by email at release_prevention@dep.nj.gov.
(c) Applications, forms, or other materials sent or delivered to the Department at an address other than as listed at (b) above shall not be deemed to have been received for the purposes of calculating application review deadlines or other time periods pursuant to this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 2 - CONSTRUCTION OF AN UNDERGROUND STORAGE CAVERN › Section 7:1F-2.1 - Feasibility study

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to construction of any underground storage cavern system and as part of any application for approval to construct pursuant to N.J.A.C. 7:1F-4, the owner and operator shall conduct and submit to the Department a feasibility study that includes the following information:
1. The approximate location, capacity, dimensions, and depth of the proposed underground storage cavern;
2. The locations of any shaft or well drilled or proposed to be drilled;
3. An assessment of the geographical, topographical, and physical data for the site of the underground storage cavern system, including the regional and site-specific geologic and hydrogeologic settings of the system, and the observed fluctuations of the local ground water levels;
4. Identification of the regulated substance to be stored including, if applicable, all mixtures and/or grades of LPG to be stored and the concentration of any component of the regulated substance, including of all LPG mixtures and/or grades to be stored;
5. An assessment of the compatibility of the regulated substance, including all proposed mixtures and/or grades of LPG included in the application, with all parts of the system and a demonstration that the mechanical integrity of the system will not be impaired;
6. An assessment of all available sources of information to demonstrate that any well, including any abandoned well, at the proposed site:
i. Has been constructed in accordance with all applicable local, State, and Federal laws; and
ii. All known abandoned wells have been properly decommissioned in accordance with the requirements at N.J.A.C. 7:9D, the Well Construction and Maintenance rules;
7. An assessment of any existing surface infrastructure or activity at the proposed site and its effect, if any, on the system's mechanical integrity; and
8. An assessment of all applicable local, State, and Federal laws including, but not limited to, Department rules that are applicable to the project.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 2 - CONSTRUCTION OF AN UNDERGROUND STORAGE CAVERN › Section 7:1F-2.2 - Design and construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to construction of any underground storage cavern system and as part of any application for an approval to construct pursuant to N.J.A.C. 7:1F-4, the owner and operator shall submit, to the Department, design specifications and construction plans for the system, including:
1. A paper copy, together with a digital version as specified at (b) below, of an accurate map to scale showing the location, dimensions, and depth of any proposed underground storage cavern and of all shafts and wells drilled or proposed to be drilled;
2. Any engineering design drawing(s) of the system;
3. Any construction and engineering calculations associated with the underground storage cavern system, including any supporting documentation;
4. The specifications of the equipment and material to be installed or otherwise used during construction;
5. A description of the methods of construction to be utilized, including, but not limited to, methods of excavation and shaft construction and grouting;
6. The maximum allowable operating pressure, maximum and minimum design pressures, and maximum and minimum design temperatures of the system;
7. The maximum and minimum operating pressures and temperatures of the system, based on the regulated substance;
8. The codes and standards upon which the design specifications are based;
9. Corrosion control measures; and
10. A dust management plan that sets forth measures to control particulate dust from construction activities and sources that include, but are not limited to, muck piles, loading and haulage, material transfer points, crushers, face drilling, blasting, roof bolting, skip loading, dumping, surface work areas, and roadways.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 2 - CONSTRUCTION OF AN UNDERGROUND STORAGE CAVERN › Section 7:1F-2.3 - Process hazard analysis

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an owner and operator of an underground storage cavern system stores a regulated substance that is an extraordinarily hazardous substance as defined pursuant to the Toxic Catastrophe Prevention Act Program rules at N.J.A.C. 7:31-1.5, the requirements of that chapter shall apply to process hazard analyses.
(b) If (a) above is not applicable to an owner and operator, the following requirements apply:
1. The process hazard analysis must be conducted using one of the following methodologies:
i. What-If Analysis;
ii. Checklist;
iii. What-If/Checklist;
iv. Hazard and Operability Study or "HAZOP";
v. Failure Mode and Effects Analysis or "FMEA";
vi. Fault Tree Analysis or "FTA"; or
vii. An appropriate equivalent methodology.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 2 - CONSTRUCTION OF AN UNDERGROUND STORAGE CAVERN › Section 7:1F-2.5 - Third-party evaluation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner and operator of an underground storage cavern system shall engage a third party to independently review the feasibility study as required at N.J.A.C. 7:1F-2.1, the design and construction submittals as required at N.J.A.C. 7:1F-2.2, and the process hazard analysis as required at N.J.A.C. 7:1F-2.3.
(b) The owner and operator shall determine and document that the third party meets the following competency and independence requirements:
1. The third party shall be knowledgeable regarding geologic formations and product attributes necessary for the review of the feasibility study and process hazard analysis;
2. The third party shall be experienced with the design and construction of cavern systems and applicable, accepted industry standards;
3. The third party shall act impartially when performing any evaluation activity pursuant to this chapter;
4. The third party shall receive no financial benefit from the outcome of its evaluation beyond that for the evaluation itself;
5. The third party shall not have conducted any past research, development, design, construction, or consulting services for the owner or operator within the two years prior to being engaged by the owner and operator. For purposes of this requirement, consulting does not include performing or participating in third-party evaluations pursuant to this chapter;
6. The third party shall not provide any business or consulting services to the owner or operator, including any advice or assistance to implement the findings or recommendations of the third party's evaluation, for a period of at least two years following the submission of the evaluation; and
7. The third party shall sign a conflict of interest statement certifying that it and its personnel shall comply with the provisions at (b)3,4, 5, and 6 above and shall not accept future employment with the owner or operator for a period of at least two years following submission of the third party's evaluation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 3 - OPERATING REQUIREMENTS › Section 7:1F-3.1 - As-built specifications and mechanical integrity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to beginning operation activities, the owner and operator shall prepare and provide to the Department:
1. A map to scale of the location of the system as constructed;
2. As-built diagrams of the system; and
3. A report of the geological conditions encountered during construction including, if applicable, any steps taken to stabilize the cavern or system, and any modifications from the initial proposal. The location of any stabilization efforts should be depicted on a map of appropriate scale.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 3 - OPERATING REQUIREMENTS › Section 7:1F-3.3 - Ground water and soil vapor monitoring

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to operation, the owner and operator of an underground storage cavern system shall measure background ground water quality at the facility. During operation, the owner and operator shall monitor ground water, quarterly, for any release of a regulated substance.
(b) A ground water sample(s) at the site, at the depth of the underground storage cavern, shall be taken before construction begins, in order to establish baseline water quality. This sample shall be analyzed by a laboratory certified pursuant to N.J.A.C. 7:18 for the regulated substance, pH, specific conductance (SC), dissolved oxygen, turbidity, and for those constituents with specific ground water quality criteria listed in Table 1 of the Appendix at N.J.A.C. 7:9C.
(c) Following construction, before the system is used and during operation, all ground water observation wells shall be monitored quarterly, and analyzed by a New Jersey-certified laboratory, for the regulated substance, pH, specific conductance (SC), dissolved oxygen, turbidity, and any other parameters specified in the permit. If there is an unexplained change in cavern pressure or ground water levels, such that a leak of the regulated substance to ground water from the system is suspected, or if the Department has grounds to suspect a leak, the Department may direct that all ground water observation wells shall be sampled for all, or some, of the baseline water quality constituents. The Department shall specify, in the system's permit, the number, location, and depth of ground water observation wells.
(d) The owner and operator shall additionally monitor, on a continuous basis:
1. The level of ground water immediately above the cavern;
2. The volume of ground water pumped, diverted, or otherwise removed from the cavern for operational purposes. All ground water pumped must be analyzed, treated, and discharged in accordance with all relevant State and Federal regulations; and
3. Soil vapor in the unsaturated soil above the cavern for the presence of the regulated substance.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 3 - OPERATING REQUIREMENTS › Section 7:1F-3.4 - Emergency response plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner and operator of the system shall develop and implement an emergency response plan to protect public health and the environment. The plan must include the following:
1. Procedures for informing the public and local emergency response agencies, including the Department's environmental emergency phone number, 1-877 WARN DEP (1-877-927-6337) in the event of a release from the system;
2. Documentation of first-aid and emergency medical treatment necessary to treat accidental human exposures;
3. Procedures and measures for emergency response, including any procedures and measures to be implemented in the event of a catastrophic release;
4. A list of emergency response equipment available on site, its location, and procedures for its inspection, testing, and maintenance;
5. Procedures to review and update, as necessary, the emergency response plan to reflect changes at the underground storage cavern system and to ensure that employees are informed of any changes;
6. Initial and annual refresher emergency response training for all employees in relevant procedures to implement the emergency response plan; and
7. A procedure to conduct an initial full-scale emergency response exercise for a release scenario from the system prior to commencing operation and a subsequent full-scale exercise at least once every five years.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 3 - OPERATING REQUIREMENTS › Section 7:1F-3.5 - Release reporting, suspected releases, and investigations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event of a release from the system, the owner and operator shall:
1. Implement procedures and measures for emergency response pursuant to N.J.A.C. 7:1F-3.4(a); and
2. Notify the Department, in accordance with the release reporting requirements at (d) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 3 - OPERATING REQUIREMENTS › Section 7:1F-3.6 - Prohibitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall introduce a regulated substance into an underground storage cavern system that is not permitted with the Department pursuant to N.J.A.C. 7:1F-4, or where a permit has been revoked, suspended, or denied.
(b) No person shall introduce a regulated substance into an underground storage cavern system, store a regulated substance in an underground storage cavern known to be releasing a regulated substance.
(c) No person shall store a regulated substance in an underground storage cavern known to be releasing a regulated substance.
(d) No person shall withdraw a regulated substance from an underground storage cavern system that is known or suspected to be releasing a regulated substance from any ancillary equipment associated with the system, if withdrawal could result in the further release of a regulated substance.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 3 - OPERATING REQUIREMENTS › Section 7:1F-3.7 - Recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner and operator of an underground storage cavern system shall maintain the records described in this section. The records must be immediately available and provided to the Department upon request.
1. The owner and operator shall maintain, at the site, the records required at N.J.A.C. 7:1F-2, 3.1, and 3.5. These records must be maintained for the lifetime of the cavern system.
2. The owner and operator shall maintain, at the site, the records required at N.J.A.C. 7:1F-3.2, 3.3, and 3.4. Such records must provide information regarding the previous five years of operation at the system.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 3 - OPERATING REQUIREMENTS › Section 7:1F-3.8 - Right of entry

Current through Register Vol. 56, No. 14, July 15, 2024
The owner and operator of any site where an underground storage cavern system or facility is, or is proposed to be located, including any locations where associated monitoring equipment or records required by this chapter are kept, shall permit the Department to enter for purposes of inspection, sampling, copying, or photographing. Such right of inspection shall not be conditioned upon any action by the Department, except the presentation of appropriate credentials, as requested. Owners, operators, employees, and representatives shall not hinder or delay, and shall, upon request, assist the Department in the performance of all aspects of any inspection.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 4 - PERMITTING REQUIREMENTS › Section 7:1F-4.1 - General

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to construction and operation of a proposed new underground storage cavern system, the owner and operator shall:
1. Obtain approvals from the Department, in accordance with N.J.A.C. 7:1F-4.2;
2. If applicable, obtain a construction permit issued pursuant to the New Jersey Uniform Construction Code, N.J.A.C. 5:23, prior to the construction or modification of the system; and
3. If applicable, obtain approvals from the Department of Labor and Workforce Development.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 4 - PERMITTING REQUIREMENTS › Section 7:1F-4.2 - Permit application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All permit applications must be submitted on forms provided by the Department obtained from the address at N.J.A.C. 7:1F-1.10 and contain the information specified at (b) or (h) below, or N.J.A.C. 7:1F-5.1 or 5.2, as applicable, in the format and number specified in the form. The permit application must be accurately completed, signed, dated, and returned to the address provided at N.J.A.C. 7:1F-1.10.
(b) Prior to beginning construction activities and in addition to the requirements pursuant to (a) above, an owner and operator of a proposed underground storage cavern system shall submit with its permit application:
1. A feasibility study, completed in accordance with N.J.A.C. 7:1F-2.1;
2. Design specifications, in accordance with N.J.A.C. 7:1F-2.2(a);
3. A process hazard analysis, in accordance with N.J.A.C. 7:1F-2.3;
4. Assessments of environmental, health, and climate change impacts, in accordance with N.J.A.C. 7:1F-2.4; and
5. Documentation demonstrating the competency and independence of the third party conducting an evaluation of the application materials at (b)1, 2, and 3 above, in accordance with N.J.A.C. 7:1F-2.5(b) and (d).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 4 - PERMITTING REQUIREMENTS › Section 7:1F-4.3 - Public access to permit information

Current through Register Vol. 56, No. 14, July 15, 2024
All completed permit application forms, as well as documented information pertaining to the permit, shall be considered public records pursuant to N.J.S.A. 47:1A-1 et seq, except as set forth at N.J.A.C. 7:1D-3, Non-Public Records.