New Jersey § 13:1d-47
Full text of New Jersey New Jersey Statutes § 13:1d-47, with citation guidance and answers to common questions.
§ 13:1d-47.
a. Any owner or operator of an industrial facility required to prepare a pollution
prevention plan and submit to the department a pollution prevention plan summary may
omit from the pollution prevention plan or pollution prevention plan summary the specific
chemical identity of a hazardous substance about which information is required, and
include instead the generic class or category of the hazardous substance, or may omit
any other information required to be disclosed, if the owner or operator files with
the department a trade secret claim pursuant to this section. b. Any owner or operator of an industrial facility omitting information from a pollution
prevention plan or pollution prevention plan summary pursuant to this section shall
submit to the department, accompanied by the pollution prevention plan summary, a
trade secret claim in which the owner or operator of the industrial facility provides
the commissioner with the information omitted, and a statement demonstrating that
the information omitted meets the criteria for a valid trade secret established pursuant
to subsection c. of this section. The trade secret claim shall include the information omitted from the pollution
prevention plan or pollution prevention plan summary, and the commissioner shall maintain
this information on a confidential basis. Any trade secret claim made pursuant to this section which the department determines
is false or frivolous shall be considered a violation of this act. c. No owner or operator of an industrial facility shall omit information from a pollution
prevention plan or pollution prevention plan summary unless the owner or operator
can demonstrate that: (1) The information has not been disclosed to any other person other than to a person
bound by a confidentiality agreement; (2) The owner or operator has taken all reasonable measures necessary to protect the
secrecy of the information; (3) The information is not required to be disclosed, or to be otherwise made available,
to the public pursuant to any other federal or State law; (4) Disclosure of the information would be likely to cause the owner or operator substantial
economic disadvantage or harm; and (5) The information is not readily discoverable through reverse engineering or other
analytical techniques. d. The department shall act to make a determination on the validity of a trade secret
claim when a request is made by any person for the disclosure of the information for
which the trade secret claim was made, or at any time that the department deems appropriate. Upon making a determination on the validity of a trade secret claim, the department
shall inform the owner or operator of the affected industrial facility of the determination
by certified mail. If the department determines that the owner or operator's trade secret claim is
not valid, the owner or operator shall have 45 days from the receipt of the department's
determination to file with the department a written request for an administrative
hearing on the determination. If the owner or operator does not file such a request within 45 days, the department
shall take action to provide that the information for which the trade secret claim
was made be disclosed pursuant to the provisions of this act. If an owner or operator requests an administrative hearing pursuant to the provisions
of this subsection, the department shall refer the matter to the Office of Administrative
Law for a hearing thereon. At the hearing, the owner or operator shall have the burden to show that the trade
secret claim is valid. Within 45 days of receipt of the administrative law judge's recommendation, the
department shall affirm, reject, or modify the recommendation. The department's action shall be considered the final agency action for the purposes
of the “Administrative Procedure Act,” P.L.1968, c. 410 ( C. 52:14B-1 et seq. ), and shall be subject only to judicial review as provided in the Rules of Court. The department shall inform the owner or operator of its decision on the administrative
law judge's recommendation by certified mail. If the department determines that the trade secret claim is not valid, the owner
or operator shall have 45 days to notify the department in writing that he has filed
an appeal of the department's decision in the courts. If the owner or operator does not so notify the department, the department shall
take action to provide that the information for which the trade secret claim was made
be disclosed pursuant to the provisions of this act. e. The department shall provide any information for which a trade secret claim is
pending or has been approved pursuant to this section to a physician or osteopath
when such information is needed for medical diagnosis or treatment. The department shall require the physician or osteopath to sign an agreement protecting
the confidentiality of information disclosed pursuant to this subsection. f. Any pollution prevention plan summary containing information for which a trade
secret claim is pending or has been approved shall be made available to the public
with that information omitted. g. The subject of any trade secret claim pending or approved shall be treated as confidential
information. Confidential information shall be kept in a locked file within a locked room at
the department, and shall not be duplicated by any person, including any employee
of the department. The department shall maintain a record of all persons obtaining access to the confidential
information, including the date and time of, and the reasons for, the access. Except as provided in subsection e. of this section, the department shall not disclose
any confidential information to any person except an officer or employee of the State
in connection with the official duties of the officer or employee under any law for
the protection of public health, or to the contractors of the State and their employees
if, in the opinion of the department, the disclosure is necessary for the completion
of any work contracted for in connection with the implementation of this act. Any officer or employee of the State, contractor of the State, physician, or osteopath
who has access to any confidential information, and who willingly and knowingly discloses
the confidential information to any person not authorized to receive it, is guilty
of a crime of the third degree. h. The commissioner shall not approve any trade secret claim for any information which
the Administrator of the United States Environmental Protection Agency has determined
is not a trade secret pursuant to 42 U.S.C. § 11042 or 42 U.S.C. § 6921 . i. An owner or operator of an industrial facility may not claim the following information
as a trade secret: (1) The chemical name, identity, and amounts of any hazardous substance discharged
into the air or the surface or ground waters of the State or into a wastewater treatment
system, the chemical identity and amounts of hazardous waste generated, or the location
of a discharge or generation; or (2) Hazards to health or the environment posed by any hazardous substance at an industrial
facility, and potential routes of human exposure to a hazardous substance. j. The information for which a trade secret claim is made pursuant to this section
may be used by the department in general compilations of information based on industry
groups or classifications of hazardous substances, or for the conducting of research
and preparation of the reports required pursuant to section 9 of this act if this
use does not identify the specific industrial facility or priority industrial facility
for which the information was reported.
Frequently Asked Questions About New Jersey § 13:1d-47
What does New Jersey Statutes § 13:1d-47 cover?
Section 13:1d-47 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 13:1d-47?
A common citation format is "New Jersey Statutes § 13:1d-47" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 13:1d-47 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.