N.J. Admin. Code § 7:9D-4.2

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

Section 7:9D-4.2 - General provisions

(a) The Department or the Board may investigate any possible violation of any provision of the Act or any provision of any rule, permit, license or administrative order promulgated or issued pursuant thereto including, but not limited to: obtaining a license or permit through error or fraud; failure to obtain a license prior to engaging in well construction or pump installation; aiding and abetting in violation of the Act or this chapter; failure to obtain a permit or to construct, modify, or decommission a well in accordance with the Act and this chapter; exhibiting gross negligence; and incompetence or misconduct in the practice of well drilling or pump installation pursuant to this chapter. The Department may take one or more of the following actions, including, but not limited to:

1. Suspension of a well driller's license or pump installer's license for a period that is less than one year;

2. Revocation of a permit or a well driller's license or pump installer's license;

3. Issuance of an administrative order; and/or

4. Assessment of an administrative penalty.

(b) The Department or the Board may also take action against any person who has aided or abetted a violation.

(c) Any person whose license has been suspended or revoked shall not be considered a licensee and shall not conduct any activity for which a license is required, unless in the presence of and under the onsite supervision of an appropriately licensed well driller or pump installer, until the license is re-instated or a new license has been issued.

(d) Upon the Department's request, any licensee, any person holding a well permit, any person on whose property a well is located and any person who aids and/or abets a licensee or holder of a permit shall submit any additional information reasonably necessary to determine compliance with the Act, this chapter, an order, permit, or license.

1. Information shall be provided in the form and manner satisfactory to the Department.

2. Any licensee, any person holding a well permit, any person on whose property a well is located, and any person who aids and/or abets a licensee or permit holder who receives a request for information made pursuant to this subsection shall:

i. Conduct a diligent search of all documents and records in his or her possession, custody, or control, and shall make reasonable inquiries of present and past employees who may have knowledge or documents relevant thereto; and

ii. Have a continuing obligation to supplement and correct the information and shall submit the corrected or additional information within 10 calendar days of its discovery.

3. Any licensee, any person holding a well permit, any person on whose property a well is located, and any person who aids and/or abets a licensee or permit holder shall allow any authorized local, county, or State official, upon the presentation of credentials at a reasonable time and in a reasonable manner, to:

i. Enter the premises, property, facility, vessel, building, or location for purposes of inspection, sampling, monitoring, copying records or documents, photographing, or videotaping to determine compliance or non-compliance with the Act and this chapter;

ii. Have access to and copy, any records or documents that must be kept pursuant to a license, permit, the Act or this chapter; and

iii. Inspect the premises of any well drilling or pump installation business to review equipment, materials, practices, or operations related to well drilling or pump installation.

(e) No administrative action taken pursuant to this subchapter shall affect the availability of any other remedies available pursuant to the Act or other applicable law, including, but not limited to, injunctive relief. Any person who fails to comply with a Department directive or order to seal a borehole or well shall be liable to the Department in an amount equal to three times the cost of sealing the borehole or well.

N.J. Admin. Code § 7:9D-4.2

Amended by 50 N.J.R. 171(a), effective 1/2/2018