N.J. Admin. Code § 7:26C-15.5

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

Section 7:26C-15.5 - Exchange of confidential information between the Department and other public agencies

(a) The Department may disclose confidential information to persons other than Department employees, representatives, and contractors only as provided in this section.

(b) The Department may disclose confidential information to another state agency or to a Federal agency if:

1. The Department is required by law to disclose the information;

2. The Department receives a written request for disclosure of the information from a duly authorized officer or employee of the other agency;

3. The request sets forth the official purpose for which the information is needed;

4. The Department notifies the other agency of the Department's determination that the information is entitled to confidential treatment, or of any unresolved confidentiality claim covering the information;

5. The other state or Federal agency has first furnished to the Department a written legal opinion from the agency's chief legal officer or counsel stating that under applicable law, the agency has the authority to compel the person who submitted the information to the Department to disclose such information to the other agency;

6. The other agency has obtained the written consent of the affected person to the proposed disclosure; and

7. The other agency has adopted regulations or operates under statutory authority that will allow it to preserve confidential information from unauthorized disclosure.

(c) Except as otherwise provided in this subchapter, the Department shall notify in writing the person who supplied the confidential information of:

1. Its disclosure to another agency;

2. The date on which disclosure was made;

3. The name of the agency to which the confidential information was disclosed; and

4. A description of the confidential information disclosed.

(d) When the U.S. Environmental Protection Agency supplies information to the Department that was submitted to the U.S. Environmental Protection Agency under a claim of confidentiality, the information shall be subject to the conditions set forth in 40 CFR Part 2 and this subchapter. If the Department obtains information from the U.S. Environmental Protection Agency that is not claimed to be confidential, the Department may make that information available to the public without further notice to any interested party.

(e) Notwithstanding any other provision of this subchapter, any information obtained by the Department shall be available to the U.S. Environmental Protection Agency and U.S. Department of Justice upon request without restriction. If the information has been submitted to the Department under a claim of confidentiality, the Department shall submit that claim to the U.S. Environmental Protection Agency when providing information as required in this section.

(f) Access to any information for which a confidentiality claim has been made will be limited to Department employees, representatives and contractors, whose activities necessitate such access, subject to N.J.A.C. 7:26C-15.6. Additionally, U.S. Environmental Protection Agency employees may have access to confidential information subject to (e) above.

N.J. Admin. Code § 7:26C-15.5