N.J. Admin. Code § 7:31-1.12

Current through Register Vol. 56, No. 12, June 17, 2024

Section 7:31-1.12 - Release of information by insurance carriers

(a) After a review of documents and a stationary source inspection, the Department may determine that an owner or operator shall authorize its environmental liability or worker's compensation insurance carrier to supply certain information to the Department.

(b) The determination will be based on a finding that the insurance information is necessary for the Department to evaluate effectively the owner or operator's EHS management practices.

(c) The information to be supplied to the Department by the insurance carrier shall include, but not be limited to:

1. Reports of inspections for compliance with mandated codes or standards;

2. Reports of safety and environmental inspections or audits;

3. Reports of inspections of fire protection equipment;

4. Reports of any additional studies conducted which evaluated the adequacy of the owner or operator's management of EHSs; and

5. The reports requested in (c)1 through 4 above shall include a summary of any deficiencies found and any recommended remedial actions.

(d) Upon written request from the Department, the owner or operator shall, within 30 days, authorize the insurance carrier to release the information requested to the Department. The insurance company shall forward to the Department the requested information within 30 days of the receipt of the authorization to do so from the owner or operator.

(e) The Department is authorized to disclose information obtained from an insurance carrier or its representative pursuant to this section only to its own employees or agents to assist in enforcing the provisions of the TCPA, or for use in a civil or criminal proceeding, if so ordered by a court.

N.J. Admin. Code § 7:31-1.12

New Rule, R.1988 d.378, effective 8/1/1988.
See: 20 New Jersey Register 350(a), 20 New Jersey Register 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). See: 20 New Jersey Register 1743(a).
Amended by R.1993 d.358, effective 7/19/1993.
See: 25 New Jersey Register 1425(b), 25 New Jersey Register 3156(a).
Recodified from N.J.A.C. 7:31-2.15 and amended by R.1998 d.355, effective 7/20/1998.
See: 30 New Jersey Register 908(a), 30 New Jersey Register 2728(a).
Substituted references to owners and operators for references to registrants throughout; and in (a), substituted a reference to stationary source inspection for a reference to site inspection.