N.J. Admin. Code § 7:26I-9.2

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

Section 7:26I-9.2 - Retaliatory action prohibited

(a) No person shall take or threaten to take retaliatory action if an LSRP:

1. Discloses, or undertakes to disclose, to the Board or to the Department an activity, policy, or practice that the LSRP reasonably believes:

i. Is a violation of law, or a rule or regulation adopted pursuant to law, including any violation involving deception of, or misrepresentation to, any client, customer, the Board, the Department, or any other governmental entity; or

ii. Is fraudulent or criminal, including any activity, policy, or practice of deception or misrepresentation that the LSRP reasonably believes may defraud any client, customer, the Board, the Department, or any other governmental entity;

2. Provides notice to the Department, in writing, when in his or her independent professional judgment based on site history any one or more applicable mandatory or expedited site-specific timeframes referenced at N.J.A.C. 7:26C-3 is unlikely to be met;

3. Provides information to, or testifies before, any public body conducting an investigation, hearing, or inquiry into any violation of law, or rule or regulation adopted pursuant to law, by a client or customer with whom there is a business relationship, including any violation involving deception of, or misrepresentation to, any client, customer, the Board, the Department, or any other governmental entity, or provides information to, or testifies before, any public body conducting an investigation, hearing, or inquiry into the quality of remediation of a contaminated site;

4. Reports a discharge or immediate environmental concern to the Department; or

5. Objects to, or refuses to participate in, any activity, policy, or practice that the LSRP reasonably believes:

i. Is in violation of law, or a rule or regulation adopted pursuant to law, including any violation involving deception of, or misrepresentation to, any client, customer, the Board, the Department, or any other governmental entity;

iii. Is incompatible with a clear mandate of public policy concerning the protection of public health and safety and the environment.

(b) No LSRP shall take or threaten to take retaliatory action against a person who files a complaint with the Board against an LSRP or provides information to the Board during an investigation of a complaint pursuant to the SRRA and this chapter or provides information to the Board during an audit pursuant to the SRRA and this chapter.

N.J. Admin. Code § 7:26I-9.2

Adopted by 48 N.J.R. 45(a), effective 1/4/2016

Amended by 55 N.J.R. 2324(b), effective 11/20/2023