NJ Department of Law & Public Safety (NJ L&PS)

Office of the Attorney General
Department of Law and Public Safety

Solid Waste, Medical Waste, Hazardous Waste, Low-Level Radioactive Waste and Ocean Dumping Information Awards

Proposed Readoption, with amendments N.J.A.C. 13:80

Authorized by:
Peter C. Harvey, Attorney General

Authority:
N.J.S.A. 13:1E-9.2, 13:1E-48.24, 13:1E-67b, 13:1E-191b, and 58:10A-49c

Calendar Reference:
See Summary below for an explanation of the exception to the calendar requirement.

Proposal Number:
PRN 2005-225

Interested persons may submit, in writing, data, views or arguments relevant to the proposal
on or before 5:00 P.M., September 3, 2005.

Submissions, and any inquiries about submissions or responses, by mail should be addressed to:
Lawrence M. O’Reilly, Assistant Attorney General
Office of the Attorney General
Attn: Public Comments - N.J.A.C. 13:80
Richard J. Hughes Justice Complex
P.O. Box 081
Trenton, New Jersey 08625-0081

Submissions, and any inquiries about submissions or responses, by hand delivery or other service should be addressed to:
Lawrence M. O’Reilly, Assistant Attorney General
Office of the Attorney General
Attn: Public Comments - N.J.A.C. 13:80
Richard J. Hughes Justice Complex
25 Market Street, West Wing, Third Floor
Trenton, New Jersey 08625-0081
No submissions via electronic mail will be accepted. All submissions must contain a return mailing address.

The Attorney General thereafter may readopt this proposal without further notice. The readoption will become effective upon filing with the Office of Administrative Law.

Date:

The agency proposal follows:

SUMMARY

N.J.A.C. 13:80, Solid and Medical Waste, Hazardous Waste Information Awards, effective August 31, 2000, will expire, pursuant to Executive Order No. 66 (1978) / N.J.S.A. 52:14B-5.1 on February 27, 2006. The Attorney General proposes to readopt these rules, with amendments.

Between 1981 and 1989, the Legislature enacted a number of statutes which regulate the growing problem of pollutants in our environment which are caused by the improper treatment, storage, transportation and disposal of solid, hazardous and medical waste, as well as improper discharges into the ocean waters. All of these statutes provide for an award program for citizen information which leads to the imposition of a criminal fine and/or civil penalty. Each statute, N.J.S.A. 13:1E-9.2 (Solid Waste), N.J.S.A. 13:1E-48.24 (Medical Waste), N.J.S.A. 13:1E-67b (Hazardous Waste) and N.J.S.A. 58:10A-49c (Ocean Dumping) directs the Attorney General to adopt such rules and regulations as are necessary to implement each of these respective statutes. In compliance with the above legislative mandates, the rules proposed for readoption have provided uniform procedures and guidelines for information award programs under all of the statutes.

The rules proposed herein for readoption have resulted in the awarding of monetary rewards to the public for reporting perceived violations of the improper transportation or disposal of solid, hazardous, low-level radioactive or regulated medical waste or improper discharges into our ocean waters. The Attorney General has reviewed these rules, with the following amendments, and has determined them to be necessary, reasonable and proper for the purpose for which they were originally promulgated as mandated by N.J.S.A. 13:1E-9.2, 48.24, 67b and 191b and N.J.S.A. 58:10A-49c. Continuation of these rules, as amended, will ensure consistency in the administration of the awards program and ensure confidentiality of the applicants, when requested. The rules herein proposed for readoption provide for the uniform administration of an award program for citizen information which leads to the imposition and collection of a criminal fine and/or civil penalty.

An amendment is proposed for N.J.A.C. 13:80-1.1. As currently written, the section identifies the authorizing statutes. It also includes the text of these statutes and the date of the adoption of these rules. The Attorney General has determined that it is unnecessary to recite the text of each of the authorizing statutes.

In addition, there are amendments toN.J.A.C. 13:80-1.2, 1.4, 1.8, 1.9, 1.10, 1.11 and 1.12 to incorporate the addition of the word “transport,” which was added to N.J.S.A. 13:1E-191a. L. 2002, c. 105, §4. Prior to December 2, 2002, there was provision for award eligibility if the matter involved the arrest and conviction for treatment, storage or disposal of low-level radioactive waste. The changes made add the word “transport” to all of the above sections. This change is required to insure that the regulations are consistent with the statute.

The Attorney General proposes to delete as unnecessary the last sentence of N.J.A.C. 13:80-1.7, which provides that confidentiality of the informant’s identity is subject to any statute, Rule of Court, or judicial decision requiring disclosure of the identity of the informant to certain parties. The deleted sentence is an established principle of law not subject to agency rulemaking.

N.J.A.C. 13:80 is summarized as follows:

N.J.A.C 13:80-1.1 sets forth the purpose of the rules, pursuant to the various authorizing statutory authorities.
N.J.A.C 13:80-1.2 contains the definitions for the terms employed throughout the entire body of the information awards regulatory scheme.
N.J.A.C 13:80-1.3 discusses the roles which are played by the Division of Criminal Justice and by the Attorney General’s designee in processing applications which are filed.
N.J.A.C 13:80-1.4 describes the application procedures when the matter involves a criminal prosecution.
N.J.A.C 13:80-1.5 describes the application procedures when the matter involves a civil action.
N.J.A.C 13:80-1.6 sets forth the time frame for the filing of all applications for award money.
N.J.A.C 13:80-1.7 set forth the confidentiality protections which are offered to all applicants.
N.J.A.C 13:80-1.8 sets forth mechanisms for insuring that monies collected are held in escrow pending the decision as to eligibility for an award.
N.J.A.C 13:80-1.9 sets forth the procedures that the Attorney General’s designee must follow to notify applicants of action taken.
N.J.A.C 13:80-1.10 sets forth the procedures which must be taken by an applicant to claim an award after the applicant is notified of his or her eligibility.
N.J.A.C 13:80-1.11 sets forth the limitations on eligibility when a plea bargain agreement results in the dismissal of charges.
N.J.A.C 13:80-1.12 sets forth the mechanisms for processing multiple applicants for award money.
N.J.A.C 13:80-1.13 sets forth the mechanisms to appeal a decision.

As the Attorney General has provided a 60-day comment period on this notice of proposal, the notice is excepted from the rulemaking calendar requirements, pursuant to N.J.A.C. 1:30-3.3(a)5.