of the Attorney General
Department of Law and Public Safety
Waste, Medical Waste, Hazardous Waste, Low-Level
Radioactive Waste and Ocean Dumping Information
Readoption, with amendments N.J.A.C.
Peter C. Harvey, Attorney General
N.J.S.A. 13:1E-9.2, 13:1E-48.24, 13:1E-67b,
13:1E-191b, and 58:10A-49c
See Summary below for an explanation
of the exception to the calendar requirement.
persons may submit, in writing, data,
views or arguments relevant to the proposal
on or before 5:00
P.M., September 3, 2005.
and any inquiries about submissions or
responses, by hand delivery or other service
should be addressed to:
M. O’Reilly, Assistant Attorney
Office of the Attorney General
Public Comments - N.J.A.C. 13:80
J. Hughes Justice Complex
Market Street, West Wing, Third Floor
Trenton, New Jersey 08625-0081
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
agency proposal follows:
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.
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.
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.
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
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.
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.
13:80 is summarized as follows:
13:80-1.1 sets forth the purpose of the
rules, pursuant to the various authorizing
13:80-1.2 contains the definitions for
the terms employed throughout the entire
body of the information awards regulatory
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.
13:80-1.4 describes the application procedures
when the matter involves a criminal prosecution.
13:80-1.5 describes the application procedures
when the matter involves a civil action.
13:80-1.6 sets forth the time frame for
the filing of all applications for award
13:80-1.7 set forth the confidentiality
protections which are offered to all applicants.
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.
13:80-1.9 sets forth the procedures that
the Attorney General’s designee
must follow to notify applicants of action
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.
13:80-1.11 sets forth the limitations
on eligibility when a plea bargain agreement
results in the dismissal of charges.
13:80-1.12 sets forth the mechanisms for
processing multiple applicants for award
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.