New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM
Subchapter 18 - PUBLIC ACCESS TO INFORMATION AND REQUIREMENTS FOR DETERMINATION OF CONFIDENTIALITY
Section 7:14A-18.13 - Use of confidential information in rulemaking, permitting, and enforcement proceedings

Universal Citation: NJ Admin Code 7:14A-18.13

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

(a) Notwithstanding any other provisions of this subchapter, the Department may, subject to the protection from making the information available to the public as provided in N.J.A.C. 1:1, use information determined to be eligible for confidential treatment pursuant to N.J.A.C. 7:14A-18.5 and 18.6 in rulemaking, permitting and enforcement proceedings.

1. Where the Department uses confidential information in any enforcement proceeding, the Department shall indicate that such information has been used.

2. Where the Department uses confidential information in administrative proceedings, the procedures in (b) and (c) below shall apply.

(b) Where the Department determines that there shall be an adjudicatory hearing, information determined to be eligible for confidential treatment pursuant to N.J.A.C. 7:14A-18.5 and 18.6 may be used in any enforcement and permitting proceeding as provided in N.J.A.C. 1:1.

(c) Where the Department determines that there shall not be an adjudicatory hearing, information determined to be eligible for confidential treatment pursuant to N.J.A.C. 7:14A-18.5 and 18.6 may be used in any enforcement, permitting, or rulemaking proceeding as provided below:

1. The affected person shall be informed that the Department is considering using the information in connection with the proceeding and shall afford the person a comment period 10 days after the date of the affected person's receipt of written notice from the Department;

2. The Department, after consideration of any timely comments submitted by the affected person, determines that the information is relevant to the subject of the proceeding;

3. The Department determines that the public interest shall be served by use of the information in the proceeding; and

4. The Department shall give the affected person at least five days notice prior to using the information which may result in the information being made available to the public.

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