N.J. Admin. Code § 7:1E-1.9 - Access

Current through Register Vol. 54, No. 7, April 4, 2022

(a) During normal business hours and at any time during an actual or suspected discharge or violation the Department and its representatives shall have the right to enter and inspect any facility, vessel, building, or equipment, or any portion thereof, in order to ascertain compliance with the Act, this chapter, or any order, or consent agreement issued or entered into pursuant thereto. At any time, the Department and its representatives shall have the right to enter and inspect those portions of any facility, vessel, building or equipment actively engaged in the transfer or processing of hazardous substances in order to ascertain compliance with the Act or this chapter, or any order, consent order or agreement issued or entered into pursuant thereto. Such right shall include, but not be limited to, the right to test or sample any materials at the facility, to sketch, photograph or videotape any portion of the facility, vessel, building or equipment, to copy or photograph any document or records necessary to determine such compliance or noncompliance; and to interview any employees or representatives of the owner or operator or their contractors. Such right shall be absolute and shall not be conditioned upon any action by the Department, except the presentation of appropriate credentials as requested and compliance with appropriate standard safety procedures.
(b) The Department may inspect major facilities prior to approving DPCC or DCR plans.
(c) Owners or operators, and any employees or representatives thereof, shall assist and shall not hinder or delay the Department and its representatives in the performance of all aspects of any inspection.

Notes

N.J. Admin. Code § 7:1E-1.9
Amended by R.1992 d.186, effective 4/20/1992.
See: 23 N.J.R. 2848(a), 24 N.J.R. 1484(a).
Deleted (e) regarding availability of information.
Amended by R.2007 d.93, effective 4/2/2007.
See: 38 N.J.R. 4285(a), 39 N.J.R. 1253(a).
Rewrote (b); deleted former (c); and recodified former (d) as (c).

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