N.J. Admin. Code § 7:26C-9.10

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

Section 7:26C-9.10 - Adjudicatory hearings

(a) A person may request a hearing to contest:

1. A revocation of a no further action letter pursuant to N.J.A.C. 7:26C-6;

2. An invalidation of a response action outcome pursuant to N.J.A.C. 7:26C-6;

3. A new or modified remedial action permit or a denial of an application to transfer a remedial action permit pursuant to N.J.A.C. 7:26C-7;

4. An administrative order pursuant to N.J.A.C. 7:26C-9;

5. An assessment of a civil administrative penalty pursuant to N.J.A.C. 7:26C-9;

6. An assessment of cleanup and removal costs pursuant to N.J.A.C. 7:26C-9; or

7. Any other document when the Department determines that the matter constitutes a contested case under the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq.

(b) The person requesting a hearing on a document listed in (a) above, shall, within 20 calendar days after that person's receipt of the document for which the hearing is sought, deliver, to the Department at the addresses in (e) below, a copy of the document for which the hearing is sought, a completed Administrative Hearing Request Checklist, which accompanied the document being contested, and the following information:

1. The date the person received the document for which the hearing is sought;

2. The name, address, telephone number, and e-mail address of:

i. The person the Department named in the document for which the hearing is sought;

ii. A contact person or authorized representative, if the person the Department named in the document is other than an individual; and

iii. The person's attorney, if any;

3. An admission, a denial, or an averment of insufficient knowledge or information of each of those findings in the document being contested that the Department listed on the Administrative Hearing Request Checklist, which accompanied the document for which the hearing is sought. The person shall base any denial or averment of insufficient knowledge or information on all knowledge and information in that person's possession, custody, or control, or in the possession, custody, or control of any other person whom that person has the legal right to obtain such knowledge or information. The person shall make each admission, denial, or averment of insufficient knowledge or information as follows:

i. If the person is without knowledge or information sufficient to form a belief as to the truth of a specific finding, the person shall so state and this shall have the effect of a denial;

ii. If the person intends to deny any finding or portion of any finding in the document:

(1) The person shall specify what part of the finding is denied. A general denial of some or all of the findings shall have the effect of an admission of each finding generally denied;

(2) For each finding or portion of any finding the person denies, the person shall explain the factual and legal basis of the denial. Any failure to provide a factual and legal basis for a denial shall have the effect of an admission of the finding; and

(3) The person shall ensure that each denial fairly meets the substance of the finding or portion of any finding denied. A denial that does not meet the substance of the finding denied shall have the effect of an admission of the finding; and

iii. If a person fails to either admit or deny any specific finding or portion of any finding, this shall have the effect of an admission of that finding;

4. A list of all factual and legal issues that the person is contesting, with each defense position stated in short and plain terms;

5. If the person's response to a Department allegation of noncompliance is that the person has complied with some or all of the applicable requirements, a description of all such compliance, including a specific citation to each applicable requirement with which the person alleges it has complied, the facts and circumstances of the compliance, including a copy of any submission that is required by that applicable requirement, or otherwise provide evidence of compliance, and the date of the compliance;

6. An estimate of the time required for the hearing (in days and/or hours); and

7. A request, if necessary, for a barrier-free hearing location for physically disabled persons.

(c) The Department shall deny a request for a hearing if:

1. The Department does not timely receive a complete request for a hearing pursuant to (b) above, as applicable;

2. The person fails to include in the request for a hearing all of the information required by (b) above, as applicable; or

3. The person seeks only to challenge a duly promulgated regulation and not the Department's application of the regulation to the person in a particular case.

(d) The Department shall conduct all hearings granted pursuant to this section in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(e) The person shall send the request for an adjudicatory hearing pursuant to this section to both the:

1. 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, NJ 08625-0420; and

2. New Jersey Department of Environmental Protection

Site Remediation and Waste Management Program Bureau of Enforcement and Investigation

Mail Code 401-06U

PO Box 420

Trenton, NJ 08625-0420

Attention: Hearing Request.

N.J. Admin. Code § 7:26C-9.10

Adopted by 50 N.J.R. 1715(b), effective 8/6/2018

Administrative Change, 55 N.J.R. 528(a), effective 2/23/2023