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State of New Jersey Department of Environmental Protection
State of New Jersey Department of Environmental Protection

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NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Compliance and Enforcement
Air Compliance and Enforcement

Notice of Rule Proposal
Civil Administrative Penalties and Requests for Adjudicatory Hearings; N.J.A.C 7:27A

Public Notice

Take notice that the NJ Department of Environmental Protection is proposing the readoption of the Air Administrative Procedures and Penalties found at N.J.A.C. 7:27A. The rule proposal will incorporate N.J.S.A. 13:1D-125 to -133, commonly referred to as the Grace Period Law, into the existing Civil Administrative Penalties and Requests for Adjudicatory Hearings rules.

A statement of the substance of the proposal follows:

Pursuant to Executive Order No. 66 (1978), N.J.A.C. 7:27A expires on November 9, 2004. These rules establish the penalties that apply to violations of the rules governing air pollution control and prohibition in New Jersey. As required by the Executive Order, the Department has reviewed N.J.A.C. 7:27A and determined that it continues to be necessary, reasonable and proper for the purposes it was originally promulgated to serve. The Department proposes to readopt N.J.A.C. 7:27A with amendments that will correct omissions and inaccuracies in cross references. The Department is also proposing to amend the rules to identify violations of the Air Pollution Control Act rules (which are set forth at N.J.A.C. 7:27) as either minor or non-minor for the purpose of providing grace periods in accordance with N.J.S.A. 13:1D-125 et seq., commonly known as the Grace Period Law. The proposed amended rules set forth how the Department will respond to any violation identified as minor. The readoption of N.J.A.C. 7:27A is necessary to ensure continued enforcement of the New Jersey Air Pollution Control Act, N.J.S.A. 26:2C-1 et seq., and the Federal Clean Air Act, 42 U.S.C. 7401 et seq.

The proposal is scheduled to be published in the New Jersey Register dated December 6, 2004. A copy of the proposal is available from:

The Department’s web site at: http://www.nj.gov/dep/aqm/curformp.htm and http://www.nj.gov/dep/enforcement/advisories-date.html.

A copy of the proposal is also available from John Walsh, Section Chief, Air Compliance and Enforcement, 401 East State Street, P.O. Box 422, Trenton, NJ 08625-0422, or by calling (609) 633-7288.

A public hearing(s) concerning the proposal is scheduled as follows:

Friday, January 14, 2005, at 9:30 AM until end of comments.
New Jersey Department of Environmental Protection
Public Hearing Room, First Floor
401 East State Street, Trenton, NJ

Written comments may be submitted by February 4, 2005 to:

NJ Department of Environmental Protection
Alice A. Previte, Esq.
ATTN: DEP Docket No. 27-04-11/434
Office of Legal Affairs
PO Box 402
Trenton, New Jersey 08625

 

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