N.J. Admin. Code § 7:26-1.12

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:26-1.12 - Public access to information and requirements for Department determination of confidentiality

(a) Any confidential information obtained or used in the administration of the State solid waste program shall be treated in accordance with N.J.A.C. 7:26-17.

(b) Pursuant to the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., the reports submitted to the Department by transporters of regulated medical wastes pursuant to N.J.A.C. 7:26-3A.35(a) shall not be deemed to be public records and the public shall not have the right to inspect, copy, or obtain a copy of the same. Upon receipt of these reports, the Department shall keep these reports in a secure storage facility and take the appropriate measures to maintain these reports in confidence. Access to such reports shall be limited to agents, employees, and attorneys of the Department, and, in the discretion of the Department, other governmental enforcement agencies with a legitimate need to know, to local health agencies certified by the Department pursuant to N.J.S.A. 26:3A-2, or local boards of health responsible for enforcement of laws related to the collection and disposal of solid waste.

1. In order to obtain access to these reports, a certified local health agency or local board of health shall submit a written request to the Department setting forth the information requested and the reasons for the request.

2. The Department in its discretion may deny a request for a release of a report if the Department determines for any reason that granting the request would not be in the public interest.

N.J. Admin. Code § 7:26-1.12

R.1982 d.97, effective 4/5/1982.
See: 13 New Jersey Register 724(a), 14 New Jersey Register 338(a).
Recodified by R.1986 d.162, effective 5/5/1986.
See: 17 New Jersey Register 2945(a), 18 New Jersey Register 982(a).
Recodified from 7:26-1.8.
Amended by R.1988 d.57, effective 2/1/1988.
See: 19 New Jersey Register 1869(a), 20 New Jersey Register 273(a).
Changed reference from 7:14A-11 to 7:26-17.
Administrative Correction.
See: 25 New Jersey Register 4595(b).
Amended by R.1996 d.578, effective 12/16/1996.
See: 28 New Jersey Register 2114(a), 28 New Jersey Register 5248(a).
Substituted "solid waste program" for "hazardous waste program".
Emergency recodification from N.J.A.C. 7:26-1.9 by R.1997 d.404, effective 9/2/1997 (to expire November 1, 1997).
See: 29 New Jersey Register 4170(a).
Former N.J.A.C. 7:26-1.12, "Exemption from SWF permitting--leaf composting facility--(leaf mulching only operations)", was repealed by R.1996 d.578, effective 12/16/1996.
Adopted concurrent proposal, R.1997 d.510, effective 10/31/1997.
See: 29 New Jersey Register 4170(a), 29 New Jersey Register 5084(a).
Amended by R.2001 d.86, effective 3/5/2001.
See: 32 New Jersey Register 2536(a), 33 New Jersey Register 880(a).
Previous paragraph recodified as (a); added new (b).

Administrative Change, 55 N.J.R. 1922(b), effective 7/31/2023