N.J. Admin. Code § 7:14A-2.11 - Duty to provide information

(a) When the Department has reason to believe that a person has, or may have, information relevant to a discharge or potential discharge of a pollutant, that person shall, upon receipt of written notice from the Department, provide information regarding the discharge or potential discharge to the Department. Such persons include, but are not limited to, any persons having generated, treated, transported, stored, or disposed of the pollutant, or any persons having arranged for the transportation, storage, treatment or disposal of such pollutant. The following information shall be provided to the Department:

1. The nature, extent, source, and location of the discharge, or potential discharge;

2. Identification of the nature, type, quantity, source, and location of the pollutant or pollutants;

3. The identity of, and other relevant information concerning, the generator or transporter of the pollutant, or any other person subject to liability for the discharge or potential discharge; and

4. The ability of any person liable, or potentially liable, for the discharge, or potential discharge, to pay for, or perform, the cleanup and removal, including the availability of appropriate insurance coverage.

(b) An application for a permit or treatment works approval, a request for authorization, a report required by permit (including, but not limited to, a monitoring report form), and other information requested by the Department may be submitted electronically via the Department's web portal at http://www.nj.gov/dep/online.

1. Prior to submitting an application for a permit or treatment works approval, a request for authorization, a report required by a permit (excluding a monitoring report form), or other information, the applicant must comply with the Department's web portal instructions, which require:

i. Obtaining a valid Department online business portal account; and

ii. Receiving from the Department, an online business portal authorization code.

2. Prior to submitting a monitoring report electronically, the permittee must execute and submit to the Department the NJPDES EDI Agreement, which requires:

i. Contact information for the facility and the facility administrator;

ii. The signature of the responsible official, certified in accordance with 7:14A-4.9; and

iii. The permittee's agreement to comply with the NJPDES rules, including timely submission of a paper monitoring report form if submission electronically is not possible.

3. The Department may require an applicant or a permittee to submit an application for a permit, treatment works approval, request for authorization, or a report required by a permit, and other information on paper, rather than electronically, if the Department determines:

i. The data that the permittee or applicant submits to the Department electronically are not correct, as a result of input or transmission errors, or otherwise; or

ii. The data submitted electronically have compromised, or have the potential to compromise the Department's database system (for example, a virus is transmitted).

(c) Information requested by the Department shall be provided in the form and manner prescribed by the Department, which may include documents or information in whatever form stored or recorded. Any failure to submit information requested by the Department listed in (a) above shall constitute a violation of this chapter.

(d) A person receiving a request for information made pursuant to (a) above, or pursuant to a subpoena issued pursuant to 7:14A-2.10, shall:

1. Be required to conduct a diligent search of all documents in his or her possession, custody, or control, and to make reasonable inquiries of present and past employees who may have knowledge or documents relevant thereto;

2. Have a continuing obligation to supplement the information if additional relevant information is discovered, or if it is determined that the information previously provided was false, inaccurate, or misleading; and

3. Grant the Department access, at reasonable times, to any vessel, facility, property, or location to inspect and copy all relevant documents or, at the Department's request, copy and furnish to the Department all such documents.

(e) A person shall allow an authorized representative of the Department, upon the presentation of credentials, to:

1. Enter upon a person's premises, for purposes of inspection, sampling, copying or photographing where:

i. A discharge source or regulated facility or activity is or might be located; or

ii. In which monitoring equipment or records required by a permit are kept;

2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of a NJPDES permit;

3. Inspect, at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under a NJPDES permit; and

4. Sample or monitor, at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Federal or State Acts, any substances or parameters at any location.

(f) Where a permittee becomes aware that any relevant facts have not been submitted in a permit application, or request for authorization, or that incorrect information has been submitted in a permit application, request for authorization, or in any report to the Department, the permittee shall promptly submit such facts or information within 10 days of the time the permittee becomes aware of the correct information.

(g) A person providing information pursuant to this section or 7:14A-2.10, may assert a claim of confidentiality pursuant to 7:14A-18.3.

Notes

N.J. Admin. Code § 7:14A-2.11

Amended by R.2009 d.7, effective 1/5/2009.
See: 40 N.J.R. 1478(a), 41 N.J.R. 142(a).
Added (b).