New Jersey P.L.1962, c.215

AN ACT to amend and supplement the "Air Pollution Control Act (1954)," approved September 16, 1954 (P.L.1954, c.212), and to repeal sections 10, 15 and 18 of said act.

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

1. Section 6 of the act of which this act is amendatory is amended to read as follows:

C.26:2C-6 Organization; quorum. 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 to adopt, amend or repeal a code, rule or regulation shall be by at least a majority vote of the entire commission.

2. Section 8 of the act of which this act is amendatory is amended to read as follows:

C.26:2C-8 Promulgation of codes, rules and regulations; hearing. 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. The public hearing required by this act to be held before the commission shall be held before not less than 3 members of the commission designated by the chairman.

3. Section 9 of the act of which this act is amendatory is amended to read as follows:

C.26:2C-9 Duties. 9. The department shall control air pollution in accordance with the provisions of any applicable 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, all in accordance with applicable codes, rules or regulations established by the Air Pollution Control Commission. Registration reports filed with the department shall be privileged and not admissible in evidence in any court; (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. Any information relating to secret processes or methods of manufacture or production obtained in the course of such inspection, investigation or determination, shall be kept confidential and shall not be admissible in evidence in any court or in any other proceeding except before the department as herein defined. 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, cooperate 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 Repealer. 4. Section 10 of chapter 212 of the laws of 1954 is repealed.

C.26:2C-9.1 Right of entry. 5. No person shall obstruct, hinder or delay, or interfere with by force or otherwise, the performance by the department or its personnel of any duty under the provisions of this act, or of the act of which this act is amendatory and supplementary, or refuse to permit such personnel to perform their duties by refusing them, upon proper identification or presentation of a written order of the department, entrance to any premises at reasonable hours.

6. Section 14 of the act of which this act is amendatory is amended to read as follows:

C.26:2C-14 Order to cease violation, procedure when no code in effect. 14. Whenever 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. If upon inspection the department discovers a condition which is in violation of the provisions of this act or any code, rule or regulation promulgated pursuant thereto, it shall be authorized to order such violation to cease and to take such steps necessary to enforce such an order. The said order shall state the items which are in violation and shall provide a reasonable specified time within which the violation must cease. In any case where no code, rule or regulation has been promulgated which sets specific limits for emissions to the atmosphere of the type discovered and alleged, no order to cease such emissions shall be issued until the holding of a preliminary hearing thereon which shall be held upon not less than 15 days' notice by the department to all interested persons. The person responsible shall make the corrections necessary to comply with the requirements of this act or code, rule or regulation promulgated pursuant thereto within the time specified in the order. Nothing herein shall be deemed to prevent the department from prosecuting any violation of this act or any code, rule or regulation promulgated pursuant thereto notwithstanding that such violation is corrected in accordance with its order.

C.26:2C-15 Repealer. 7. Section 15 of chapter 212 of the laws of 1954 is repealed.

8. Section 16 of the act of which this act is amendatory is amended to read as follows:

C.26:2C-16 Testimony. 16. The testimony taken at any 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. True copies of any transcript and of any other record made of or at such hearing shall be furnished to any party thereto upon request and at his expense.

C.26:2C-14.1 Hearing for aggrieved person; procedure. 9. Any person aggrieved by an order of the department under this act may, upon application made within 15 days after notice thereof, be entitled to a hearing before the department which shall within 30 days thereafter hold a hearing of which at least 15 days written notice shall be given to such persons. Within 30 days after such hearing the department shall issue an appropriate order modifying, approving or disapproving its prior order. A copy of such order shall be served upon all interested parties. Pending the determination by the department and upon application therefor the department may stay the operation of such order upon such terms and conditions as it may deem proper.

C.26:2C-18 Repealer. 10. Section 18 of chapter 212 of the laws of 1954 is repealed.

11. Section 19 of the act of which this act is amendatory is amended to read as follows:

C.26:2C-19 Injunction against violation; penalty; compromise. 19. If preventive or corrective measures are not taken in accordance with any 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 who violates the provisions of this act or any code, rule, regulation or order promulgated or issued pursuant to this act shall be liable to a penalty of not less than $25.00, nor more than $500.00 to be collected in a civil action by a summary proceeding under the penalty enforcement law (N.J.S.2A:58-1 et seq.) or in any case before a court of competent jurisdiction wherein injunctive relief has been requested. If the violation is of a continuing nature, each week during which it continues after the date given by which the violation must be eliminated in accordance with the order of the department shall constitute an additional, separate and distinct offense. The department is hereby authorized and empowered to compromise and settle any claim for a penalty under this section in such amount in the discretion of the department as may appear appropriate and equitable under all of the circumstances.

12. This act shall take effect immediately.

Approved January 8, 1963.