New Jersey P.L.1993, c.257

AN ACT concerning the availability of certain air pollution registration information and amending P.L.1954, c.212.

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

1. Section 9 of P.L.1954, c.212 (C.26:2C-9) is amended to read as follows:

C.26:2C-9 Department's duties; fees. 9. The department shall control air pollution in accordance with the provisions of any applicable code, rule or regulation promulgated by the department 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 Statewide 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 department; (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 department. 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; (g) The department may in accordance with a fee schedule adopted as a rule or regulation establish and charge fees for any of the services it performs, which fees shall be annual or periodic as the department shall determine. The fees charged by the department pursuant to this section shall not be less than $10.00 nor more than $500.00 based on criteria contained in the fee schedule.

2. This act shall take effect immediately.

Approved August 13, 1993.