N.J. Admin. Code § 7:26A-1.7

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

Section 7:26A-1.7 - Right of entry and inspection

(a) The New Jersey Department of Environmental Protection or an authorized representative acting pursuant to the County Environmental Health Act, N.J.S.A. 26:3A2-1 et seq., shall have the right to enter and inspect any building or other portion of a recycling center, recycling depot or any site at which an exempted activity is conducted pursuant to 7:26A-1.4(a), at any time in order to determine compliance with the provisions of all applicable laws or rules and regulations adopted pursuant thereto. This right to inspect includes, but is not limited to:

1. Sampling any materials on site;

2. Photographing any portion of the recycling center;

3. Investigating an actual or suspected source of pollution of the environment; and

4. Ascertaining compliance or non-compliance with the statutes, rules or regulations of the Department, including conditions of the recycling center approval issued by the Department.

(b) The right of entry specified in (a) above shall be limited to normal operating hours for the purpose of reviewing and copying all applicable records, which shall be made available to the Department during an inspection and submitted to the Department upon request.

N.J. Admin. Code § 7:26A-1.7

Amended by R.1996 d.577, effective 12/16/1996.
See: 28 N.J.R. 2240(a), 28 N.J.R. 5360(a).
In (a), changed Department name and inserted "recycling depot".
Recodified from N.J.A.C. 7:26A-4.3 and amended by R.2009 d.52, effective 2/2/2009.
See: 40 N.J.R. 7(a), 41 N.J.R. 742(a).
Section was "Right of entry". In the introductory paragraph of (a), inserted a comma following "et seq."