Current through Register Vol. 54, No. 7, April 4, 2022
The Department shall have the right to enter and inspect and/or audit any
facility, building or equipment, or any portion thereof, at any time, in order
to determine compliance with the TCPA, this chapter, or any order or consent
order or agreement. Such right shall include, but not be limited to, the right
to test or sample any materials at the facility, to sketch or photograph any
portion of the facility, 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.
Such right shall be absolute except for those parts or portions of any
materials, equipment, documents and records which contain either privileged
trade secret or security information or confidential information for which the
owner or operator has submitted a petition in accordance with
, or claim in accordance
, and which petition or
claim has not been denied by the Department. Those parts or portions of any
materials, equipment, documents and records containing privileged trade secret
or security information shall be treated as provided in (b)1 below, and those
parts or portions containing confidential information shall be treated as
provided in (b)2 below. Such right of inspection and audit 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 or
At the beginning of an
inspection and/or audit by the Department, an owner or operator may identify
those materials, equipment, documents and records at the stationary source
which contain either privileged trade secret or security information or
confidential information for which an appropriate petition or claim has been
asserted and which has not been denied by the Department.
1. Those parts or portions of any materials,
equipment, documents and records at the stationary source which contain
privileged trade secret or security information need not be disclosed to or
submitted to the Department. Any such materials, areas, documents or records
disclosed to or submitted to the Department during an inspection shall not be
entitled to be treated as privileged trade secret or security information
thereafter. The fact that such trade secret or security information has been
disclosed, or submitted, to the Department shall not prohibit the owner or
operator from asserting a confidentiality claim concerning such
2. Those parts or
portions of any materials, equipment, documents and records at the site which
contain confidential information shall be disclosed to or submitted to the
Department during an inspection, including all negatives and prints of
photographs, and shall be labelled "confidential". In order to assert a
confidentiality claim, a properly completed claim form must be submitted to the
Department at the same time any such confidential information is submitted or
disclosed to the Department. These materials, equipment, documents and records
shall not be disclosed by the Department to other persons except in accordance
with the provisions of this chapter.
The Department may require submittal of
any risk management program document for review.
The owner or operator shall include the
following certification with any risk management program document required to
"I certify under penalty of law that I have personally
examined and am familiar with the information submitted in this document and
all attachments and that, based on my inquiry of those individuals immediately
responsible for obtaining the information, I believe that the information is
true, accurate, and complete. I am aware that there are significant civil and
criminal penalties, including the possibility of fines or imprisonment or both,
for submitting false, inaccurate or incomplete information."
2. The certification shall be signed by the
qualified person or position specified in the owner or operator's RMP, or
person of higher authority for the owner or operator.
Within a reasonable time after an audit,
the owner or operator shall be furnished with a preliminary determination of
material deficiencies and necessary revisions to the risk management program
and RMP in accordance with
(e) The owner or operator shall make all
documentation required pursuant to this chapter readily accessible for review
by the Department during an audit or inspection.
N.J. Admin. Code §
New Rule, R.1988 d.378,
See: 20 N.J.R. 350(a), 20 N.J.R.
The rule that was printed 6-20-88 had not been adopted
and was printed in error. This section should have been (Reserved).
Amended by R.1993 d.358, effective 7/19/1993.
See: 25 N.J.R. 1425(b), 25 N.J.R. 3156(a).
Amended by R.1998
d.355, effective 7/20/1998.
See: 30 N.J.R. 908(a), 30 N.J.R.
Rewrote the section.
Amended by R.2009 d.85,
See: 40 N.J.R. 5109(a), 41 N.J.R.
Section was "Audits". In (a), substituted "facility" for
"stationary source" three times, inserted "upon request" and substituted "or"
for "and" preceding the last occurrence of "audit"; and added (c)1, (c)2 and