N.J. Admin. Code § 5:72-2.5

Current through Register Vol. 56, No. 24, December 18, 2024

Section 5:72-2.5 - Violations, notices and orders

(a) If upon inspection of a terminal the Department discovers a violation of these regulations that constitutes an imminent hazard to the health, safety and welfare of plant personnel, firefighters or the general public, the Department may issue and cause to be served on the owner of the terminal a written order directing that the terminal be vacated, closed or restrained from receiving pipeline shipments of flammable liquids to the site or affected tanks and/or that the violation be corrected within the period specified in the order. The order shall state the nature of the violation and the date and hour by which the terminal or affected tanks shall be vacated, closed, or restrained from receiving pipeline shipments of flammable liquids, and/or the violation corrected.

(b) The Department shall reinspect the terminal within 48 hours of receiving written notice from the owner of a terminal stating that a violation issued under N.J.A.C. 5:72-2.5(a) has been terminated.

(c) If upon reinspection the Department determines that the violation has been terminated, it shall rescind the order issued under (a) above and occupancy and/or operation may be resumed immediately.

(d) If the owner of a terminal denies that a violation justifying an order pursuant to (a) above exists, the owner may apply to the Department for a reconsideration hearing. The hearing shall be conducted, and a final decision issued, within 48 hours of the receipt of the request. Failure to issue a decision shall constitute denial of the owner's appeal.

N.J. Admin. Code § 5:72-2.5

Administrative correction.
See: 35 New Jersey Register 219(d).