N.J. Admin. Code § 7:26C-15.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:26C-15.3 - Process for submitting confidentiality claims

(a) Any person required to submit any information to the Department pursuant to this chapter, N.J.A.C. 7:14B, N.J.A.C. 7:26B, N.J.A.C. 7:26D, or N.J.A.C. 7:26E, which in the person's opinion constitutes a trade secret, proprietary information, specific information regarding a real estate transaction at an industrial establishment that subjects the transaction to the Industrial Site Recovery Act, other than the fact that the transaction has occurred and the general nature of such transaction, or information related to national security, may assert a confidentiality claim by following the procedures set forth in this subchapter and by paying the appropriate fee pursuant to N.J.A.C. 7:26C-4.3(a).

(b) Any person asserting a confidentiality claim pursuant to (a) above shall submit two copies of the document to the Department that contains the purportedly confidential material, a non-redacted copy, and a copy in which the purportedly confidential material has been redacted. The non-redacted copy shall conform to the following:

1. The top of each page of the first submission containing the information which the person alleges to be entitled to confidential treatment shall be stamped or otherwise marked "CONFIDENTIAL" in bold type:

2. All parts of the text that the person alleges to be entitled to confidential treatment shall be underscored or highlighted in a clearly identifiable manner. This manner of marking confidential information shall be such that both the allegedly confidential information and the underscoring or highlighting is reproducible on photocopying machine; and

3. The non-redacted copy shall be sealed in an envelope which shall display the word "CONFIDENTIAL" in bold type or stamp on both sides. This envelope, together with the redacted submission (which may or may not be enclosed in a separate envelope, at the option of the person), shall be enclosed in another envelope for transmittal to the Department. The outer envelope shall bear no marking indicating the confidential nature of the contents.

(c) The package containing both the redacted and the non-redacted copies of the material containing the purportedly confidential information should be sent to the address listed in N.J.A.C. 7:26C-1.6 by certified mail, return receipt requested or by other means which will allow verification of receipt. Ordinary mail may be used, but the Department assumes no responsibility for packages until they are received.

N.J. Admin. Code § 7:26C-15.3