N.J. Admin. Code § 7:27-28A.10

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

Section 7:27-28A.10 - Right to enter

(a) The Department, or its representative, shall have the right to enter and inspect any site, building, equipment, or vehicle, or any portion thereof, at any time, in order to ascertain compliance or non-compliance with the Air Pollution Control Act, N.J.S.A. 26:2C-1 et seq., this subchapter, any exemption, or any order, consent order, agreement, or remedial action plan issued, approved, or entered into pursuant thereto. Such right shall include, but not be limited to, the right to test or sample any material, motor vehicle, or motor vehicle engine, or any emissions therefrom, at the facility; to sketch or photograph any portion of the site, building, vehicles, or motor vehicle engines; to copy or photograph any document or record necessary to determine such compliance or non-compliance; and to interview any employees or representatives of the owner, operator, or registrant. Such right shall be absolute and shall not be conditioned upon any action by the Department, except the presentation or appropriate credentials, as requested, and in compliance with appropriate standard safety procedures.

(b) Failure to comply with any of the obligations or requirements of this subchapter shall subject the violator to an enforcement action pursuant to the provisions at N.J.S.A. 26:2C-19 and N.J.A.C. 7:27A-3.

Adopted by 55 N.J.R. 1005(a), effective 5/15/2023