N.J. Admin. Code § 7:26G-16.4
Current through Register Vol. 56, No. 21, November 4, 2024
Section 7:26G-16.4 - Administrative procedures and appeals for requests for information(a) The scope of records maintained by the Department that are subject to requests for information shall be as broad as the scope of records as provided by the United States Environmental Protection Agency at 40 C.F.R. 2.100(b).(b) Materials which are routinely available to the general public are not confidential information and shall be supplied within a reasonable time upon written request by interested parties. Such materials include, but are not limited to, final orders in case adjudications, press releases, copies of speeches, pamphlets and educational materials.(c) A requester of non-confidential and confidential records including, but not limited to, records defined in (b) above shall not be required to supply any justification for the information request.(d) All requests for information shall identify with specificity the information requested. The Department, in responding to requests containing incomplete identification of records, shall make reasonable efforts to assist a requester in identifying the records being sought. The Department's designated information officer shall contact the requester by telephone if possible or in writing to assist the requester to formulate his or her request. The Department's designated information officer shall also aid the requester in locating the office maintaining the records he or she seeks.(e) If a request is formulated in general terms covering a large quantity of records, the Department's designated information officer shall assist the requester in narrowing the scope of the request to minimize the fees payable by the requester. This type of assistance shall not be used as a means to discourage requests, but to help narrow the scope of investigation when possible.(f) Information concerning the fees in regard to both information requests and confidentiality claims is set forth in N.J.A.C. 7:26G-16.11 and 16.12.(g) Requests for information shall be answered in writing within 20 working days of receipt by the designated information officer. The written response shall designate which records will be released, which will not be released, and the reasons for denial. 1. If the request for information is incomplete or insufficient, the time span covering the State's request for clarification to the requester's reply shall not be counted in the 20 working days in (g) above.2. Failure of the Department to issue a determination within the 20-day period shall be considered a denial. This shall authorize the requester to pursue further legal recourse and apply for an order to release the requested information pursuant to (h) below.(h) If the Department denies a request for information, it shall inform the requester of the reasons for denial and shall advise the requester that he may appeal the denial to the Superior Court of New Jersey as provided in N.J.S.A. 47:1A-1 et seq.(i) The Department may require prepayment of the fees set forth at N.J.A.C. 7:26G-16.11 and 16.12. When prepayment of a fee is required, the Department will release the information to the requester upon payment of the fee.(j) The Department may allow the public to inspect and to make copies of any non-confidential information at the per copy fee set forth at N.J.S.A. 47:1A-2, which is as of the effective date of this rule, as follows: | First to tenth page | $ 0.75 per page |
| Eleventh page to 20th page | $ 0.50 per page |
| All pages over 20 | $ 0.25 per page |
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(k) Requests for information should be addressed to: NJ Department of Environmental Protection
Division of Solid and Hazardous Waste
Mail Code: 401-02C Attention: Information Officer
P.O. Box 420
Trenton, NJ 08625-0420
N.J. Admin. Code § 7:26G-16.4
Notice of readoption with technical change.
See: 46 N.J.R. 2040(b).