N.J. Admin. Code § 7:26G-16.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:26G-16.1 - Scope and exchange of information

(a) This subchapter sets forth the procedures for making information received by the Department in administering the hazardous waste program under this chapter available to the public and maintaining confidentiality of certain parts of that information.

(b) All information collected by or originated by the Department in connection with hazardous waste regulatory activities under this chapter shall be generally available to the public except as provided otherwise in this subchapter. This requirement shall also include information regarding hazardous waste facilities regulated by N.J.A.C. 7:14A.

(c) Claims for confidentiality will be decided by the Department in accordance with the provisions of this subchapter.

(d) If a request for information is made for inter-agency or intra-agency memoranda or letters, the Department may deny the request if such request is exempted from disclosure pursuant to 5 U.S.C. § 552(b)(5).

(e) If a request for information is made for investigatory records, the Department may deny the request if such request is exempted from disclosure pursuant to 5 U.S.C. § 552(b)(7) or 47:1A-3.

(f) Any information obtained or used in the administration of the hazardous waste program under this chapter shall be available to EPA upon request without restriction. If the information has been submitted to the Department under a claim of confidentiality, the Department shall submit that claim to EPA when providing information to EPA under this subchapter.

(g) When EPA supplies information to the Department which was submitted to EPA under a claim of confidentiality, the information shall be subject to the conditions set forth in 40 C.F.R. Part 2 and this subchapter. If the Department obtains information from EPA that is not claimed to be confidential, the Department may make that information available to the public without further notice to any interested party.

(h) Any confidential information obtained or used in the administration of the State hazardous waste program, as provided in Section 3006 of "The Resource Conservation and Recovery Act of 1976", 42 U.S.C. §§ 3251 et seq., and amendments thereto, shall be treated in accordance with this subchapter.

N.J. Admin. Code § 7:26G-16.1