N.J. Admin. Code § 7:1F-8.2

Current through Register Vol. 57, No. 1, January 6, 2025

Section 7:1F-8.2 - General provisions

(a) All information collected, or originated, by the Department in connection with the Act or this chapter shall be made available to the public, in accordance with N.J.S.A. 47:1A-1 et seq., except as otherwise provided in this subchapter.

(b) The Department shall protect from disclosure to the public any security information and any confidential information obtained pursuant to the Act or this chapter.

(c) Confidential information supplied to the Department will be disclosed only to the employees or agents of the Department and only on a need-to-know basis for the purposes of carrying out or enforcing the provisions of the Act or this chapter, or for use in civil or criminal proceedings, if so ordered by a court.

(d) An owner and operator may file a claim with the Department to withhold from public disclosure confidential information required to be submitted to the Department at any time such information is required to be submitted to the Department. All such claims and any required substantiation shall be submitted, in writing, on forms provided by the Department, in accordance with N.J.A.C. 7:1F-8.4. If the space provided for responses on Department forms is not sufficient, additional pages, properly referenced, may be attached to the required forms to provide complete responses. All forms can be obtained from the address provided at N.J.A.C. 7:1F-1.10(a). The owner and operator shall initially submit, or disclose, only the confidential copy of documents containing confidential information to the Department. The public copy that shall have deleted all confidential information and be available for public disclosure shall be submitted to the Department only upon the Department's receipt of a request for the public disclosure of the information or if the Department otherwise decides to determine whether the information is entitled to confidential treatment. The confidential copy shall be for the Department's records and shall include all necessary information.

(e) Any confidential information supplied to the Department shall be sent by certified mail, return receipt requested, by personal delivery, or by other means that provides verification of delivery, the date of delivery, and the name of the person who receives the document in the Department.

(f) No employees or agents of the Department are authorized to sign a confidentiality agreement or other non-disclosure agreement, and any such agreement so executed will be of no force or effect as to the Department.

N.J. Admin. Code § 7:1F-8.2

Adopted by 55 N.J.R. 905(a), effective 5/1/2023