New Jersey P.L.1954, c.212

AN ACT relating to the control and suspension of air pollution, creating an Air Pollution Control Commission in the State Department of Health and prescribing its functions, powers and duties and providing for the appointment of County Air Pollution Associations.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

C.26:2C-1 Short title. 1. This act shall be known and may be cited as the "Air Pollution Control Act (1954)."

C.26:2C-2 Terms defined. 2. The following words shall have the following meanings: "Commission" means the Air Pollution Control Commission created under this act. "Department" means the State Department of Health. "Air pollution" as used in this act shall mean the presence in the outdoor atmosphere of substances in quantities which are injurious to human, plant or animal life or to property or unreasonably interfere with the comfortable enjoyment of life and property throughout the State and in such territories of the State as shall be affected thereby and excludes all aspects of employer-employee relationship as to health and safety hazards.

C.26:2C-3 Air Pollution Control Commission created, members. 3. There is hereby created in the State Department of Health an Air Pollution Control Commission, which shall consist of 9 members, 3 of whom shall be the State Commissioner of Health or a member of the State Department of Health designated by him, the Commissioner of Labor and Industry or a member of the Department of Labor and Industry designated by him, and the Secretary of Agriculture or a member of the Department of Agriculture designated by him, who shall serve ex officio, 1 citizen of the State representing the general public and 5 members to be appointed from persons to be nominated by the organizations hereinafter enumerated, by the Governor with the advice and consent of the Senate. On or before July 1, 1954 and thereafter as required, at least 1 month prior to the expiration of the term of the member chosen from nominees of each organization hereafter enumerated, each such organization shall submit to the Governor a list of 3 recommended nominees for membership on the commission from which list the Governor shall appoint 1. If any organization does not submit a list of recommended nominees at any time required by this act, the Governor may appoint a member of his choice. The organizations which shall be entitled to submit recommended nominees are: New Jersey Health Officers Association, New Jersey State Chamber of Commerce, New Jersey Society of Professional Engineers, Inc., New Jersey Manufacturers Association, New Jersey Section of the American Industrial Hygiene Association.

C.26:2C-4 Terms, vacancies, removal. 4. Of the 6 members first to be appointed, 1 shall be appointed for a term of 1 year, 2 for terms of 2 years, 1 for a term of 3 years and 2 for terms of 4 years beginning on July 1, 1954. Thereafter, all appointments shall be made for terms of 4 years beginning on July 1. All appointed members shall serve after the expiration of their terms until their respective successors are appointed and shall qualify, and any vacancy occurring in the appointed membership of the commission, by expiration of term or otherwise, shall be filled in the same manner as the original appointment for the unexpired term only, notwithstanding that the previous incumbent may have held over and continued in office as aforesaid. The Governor may remove any appointed member of the commission for cause after a public hearing.

C.26:2C-5 No compensation, expenses paid. 5. All members of the commission shall serve without compensation but shall be reimbursed for expenses incurred in attending meetings of the commission and in the performance of any duties as members thereof.

C.26:2C-6 Organization. 6. The commission shall elect annually a chairman and vice-chairman from its own membership, and 5 members of the commission shall constitute a quorum to transact its business, except that any action shall be by at least a majority vote of the entire commission.

C.26:2C-7 Empowered to employ personnel. 7. The commission shall have power to employ such employees as it may deem necessary.

C.26:2C-8 Codes, rules and regulations, hearings. 8. The commission shall have power to formulate and promulgate, amend and repeal codes and rules and regulations controlling and prohibiting air pollution throughout the State or in such territories of the State as shall be affected thereby; provided, however, that no such code, rule or regulation and no such amendment or repeal shall be adopted except after public hearing to be held after 30 days' prior notice thereof by public advertisement of the date, time and place of such hearing, at which opportunity to be heard by the commission with respect thereto shall be given to the public; and provided, further, that no such code, rule or regulation and no such amendment or repeal shall be or become effective until 60 days after the adoption thereof as aforesaid. Any person heard at such public hearing shall be given written notice of the determination of the commission.

C.26:2C-9 Powers. 9. The department shall control air pollution in accordance with any code, rule or regulation promulgated by the commission and for this purpose shall have power to- (a) Conduct and supervise research programs for the purpose of determining the causes, effects and hazards of air pollution; (b) Conduct and supervise State-wide programs of air pollution control education including the preparation and distribution of information relating to air pollution control; (c) Require the registration of persons engaged in operations which may result in air pollution and the filing of reports by them containing information relating to location, size of outlet, height of outlet, rate and period of emission and composition of effluent, and such other information as the department shall prescribe to be filed relative to air pollution. The requirement for filing of reports shall be conditional upon either the consent of the person engaged in operations which may result in air pollution or the direction of the department, which direction may be granted only after a hearing upon notice to the person engaged in such operations; (d) Enter and inspect any building or place, except private residences, for the purpose of investigating an actual or suspected source of air pollution and ascertaining compliance or noncompliance with any code, rules and regulations of the commission. The right to enter and inspect shall be conditional upon either the consent of the owner or lessee of the premises or the direction of the department, which direction may be granted only after a hearing upon notice to the owner or lessee of the premises. Before any entry and inspection is made, the person who is to make the same shall sign a statement in the presence of and witnessed by a notary public or other officer qualified to take acknowledgment to deeds, that all information obtained shall be kept confidential except as it relates directly to air pollution. If samples are taken for analysis, a duplicate of the analytical report shall be furnished promptly to the person suspected of causing air pollution; (e) Receive or initiate complaints of air pollution, hold hearings in connection with air pollution and institute legal proceedings for the prevention of air pollution and for the recovery of penalties, in accordance with this act; (f) With the approval of the Governor, co-operate with, and receive money from, the Federal Government, the State Government, or any county or municipal government or from private sources for the study and control of air pollution.

C.26:2C-10 Conducting hearings, subpoena. 10. Any hearing required by this act to be held before the commission shall be held before any 3 or more members of the commission designated by the chairman and any member of the commission shall have power to subpoena witnesses and compel their attendance, administer oaths and require the production for examination of any books or papers relating to any matter under investigation in any such hearing. Any information as to secret processes or methods of manufacture or production shall not be disclosed in public hearing before the commission, insofar as practicable, and shall be kept confidential.

C.26:2C-11 County air pollution control association, members. 11. The commission shall organize a county air pollution control association in each county in which it shall determine that the establishment of such association is advisable to assist it in carrying out the purposes of this act. Each county air pollution control association shall consist of such number of resident members as shall be determined by the commission, who shall be appointed by the commission and shall serve at the pleasure of the commission without compensation.

C.26:2C-12 Duty of county association. 12. It shall be the duty of each county air pollution control association to study air pollution problems of the county.

C.26:2C-13 Codes, etc., of local application submitted to county association. 13. All codes, rules or regulations of strictly local application, before they are adopted by the commission, shall be submitted to the county air pollution control association of each county affected for discussion and report thereon.

C.26:2C-14 Procedure for elimination of violations. 14. In case any written complaint is filed with the department, or the department has cause to believe, that any person is violating any code, rule or regulation promulgated by the commission, the department shall cause a prompt investigation to be made in connection therewith and if the department shall find, after such investigation, that a violation of any code, rule or regulation of the commission exists, it shall immediately endeavor to eliminate any source or cause of air pollution resulting from such violation by conference, conciliation and persuasion.

C.26:2C-15 Written notice and copy of complaint given, hearing. 15. In case of the failure to correct or remedy a violation of any code, rule or regulation of the commission, within a reasonable time, by conference, conciliation and persuasion, the department shall cause to be issued and served a written notice, together with the copy of a complaint made by it, or a copy of the complaint made to it, requiring the person so complained against to answer the charges of such complaint at a hearing before the department at a time and place to be specified in such notice.

C.26:2C-16 Hearing, procedure. 16. The respondent to such complaint may file a written answer thereto and may appear at such hearing in person or by representative, with or without counsel, and submit testimony, or both. The testimony taken at the hearing shall be under oath and recorded stenographically, but the parties shall not be bound by the strict rules of evidence prevailing in the courts of law and equity at such hearing, provided, however, that true copies of any transcript and of any other record made of or at such hearing shall be furnished to the respondent upon request and at his expense.

C.26:2C-17 Conducting hearing, subpoena. 17. Any hearing required by this act to be held before the department shall be held before the State Commissioner of Health, or a member of the department designated by him, who shall have power to subpoena witnesses and compel their attendance, administer oaths and require the production for examination of any books or papers relating to any matter under investigation in any such hearing. The department, at the request of any respondent to a complaint made by it, or to it, pursuant to this act, shall subpoena and compel the attendance of such witnesses as the respondent may designate and require the production for examination of any books or papers relating to any matter under investigation in any such hearing.

C.26:2C-18 Given time to correct cause of violation. 18. If, at said hearing, the department shall determine that the person against whom the complaint is made is violating any code, rule or regulation promulgated by the commission, it shall fix a reasonable time during which said person shall be required to take such measures as may be necessary to prevent the same and to give periodic progress reports. Any information as to secret processes or methods of manufacture or production revealed by such periodic progress reports shall be kept confidential.

C.26:2C-19 Penalty for failure to take corrective measures. 19. If such preventive or corrective measures are not taken in accordance with the order of the department, the department may institute a civil action in any court of competent jurisdiction for injunctive relief to prevent any further violation of such code, rule or regulation. Said court shall have power to grant such injunctive relief upon notice and hearing. Any person thus determined by the department to have violated a code, rule or regulation promulgated by the commission shall be liable for a penalty of $100.00 per week beginning with the 10th day after the expiration of the time fixed for the taking of preventive or corrective measures in the department's order. In the event that he continues to maintain or to permit the maintenance of any condition which has been determined by the department to constitute such a violation, the method of recovery of said penalty shall be pursuant to the Penalty Enforcement Law. (N.J.S.2A:58-1 et seq.)

C.26:2C-20 Review. 20. Review of any final decision or action by the department or by the commission shall be by procedure in lieu of prerogative writs. Review of the validity of any code, rule or regulation promulgated by the commission shall likewise be by procedure in lieu of prerogative writs.

C.26:2C-21 Existing civil or criminal remedy not impaired. 21. No existing civil or criminal remedy for any wrongful action which is a violation of any code, rule or regulation of the commission shall be excluded or impaired by this act.

C.26:2C-22 Not to supersede municipal ordinances or regulations. 22. No ordinances or regulations of any governing body of a municipality or county or board of health not inconsistent with this act or any code, municipal ordinances or rules or regulations promulgated pursuant thereto shall be superseded by this act. Nothing in this act or in any code, rules or regulations promulgated pursuant thereto shall preclude the right of any governing body of a municipality or county or board of health to adopt ordinances or regulations not inconsistent with this act or any code, rules or regulations promulgated pursuant thereto.

C.26:2C-23 Construing. 23. The powers, duties and functions vested in the State Department of Health under the provisions of this act shall not be construed to affect in any manner the powers, duties and functions vested in the State Department of Health under any other provisions of law.

24. This act shall take effect immediately.

Approved September 16, 1954.