N.J. Admin. Code § 7:31-8.2 - Audits and inspections

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

(a) 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 7:31-10.6, or claim in accordance with 7:31-10.4, 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 audit.
(b) 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 information.
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.
(c) The Department may require submittal of any risk management program document for review.
1. The owner or operator shall include the following certification with any risk management program document required to be submitted:

"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.
(d) 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 40 CFR 68.220(e) with changes specified at 7:31-8.1(c).
(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.

Notes

N.J. Admin. Code § 7:31-8.2
New Rule, R.1988 d.378, effective 8/1/1988.
See: 20 N.J.R. 350(a), 20 N.J.R. 1913(b).
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. 2728(a).
Rewrote the section.
Amended by R.2009 d.85, effective 3/16/2009.
See: 40 N.J.R. 5109(a), 41 N.J.R. 1206(b).
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 (e).

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