New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 28 - RADIATION PROTECTION PROGRAMS
Subchapter 4 - LICENSING OF NATURALLY OCCURRING OR ACCELERATOR PRODUCED RADIOACTIVE MATERIALS
Section 7:28-4.25 - Disclosure based on imminent and substantial danger

Universal Citation: NJ Admin Code 7:28-4.25

Current through Register Vol. 56, No. 6, March 18, 2024

(a) Upon a finding that disclosure of confidential information would serve to alleviate an imminent and substantial danger to public health and the environment, the Department may:

1. Prescribe and make known to the applicant such shorter comment period (7:28-4.21(c)4 ), post-determination waiting period (7:28-4.21(d)1 ), or both, as it finds necessary under the circumstances; or

2. Disclose confidential information to any person whose role in alleviating the danger to public health and the environment necessitates that disclosure. Any such disclosure shall be limited to information necessary to enable the person to whom it is disclosed to carry out the activities in alleviating the danger.

(b) Any disclosure made pursuant to this section shall not be deemed a waiver of a confidentiality claim, nor shall it of itself be grounds for any determination that information is no longer entitled to confidential treatment.

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