New Jersey § 13:1k-23

§ 13:1k-23.

a. If the owner or operator of a facility that submitted a registration form pursuant

to section 4 of this act 1 has established a risk management program, the department shall provide for the submission

and review of the risk management program before requiring the owner or operator to

take any other action regarding the facility and program pursuant to this act. If the department finds the risk management program has any material deficiencies

or omissions that could reduce the effectiveness of the risk management program, it

shall recommend to the owner or operator risk management program changes or additions. No later than 60 days after the recommendation, the owner or operator shall submit

to the department any action the owner or operator proposes in order to correct the

deficiencies or omissions. The owner's or operator's proposals may be in accordance with the changes and additions

recommended by the department or in accordance with alternative changes, additions

or proposals recommended by the owner or operator. b. If the owner or operator and the department agree on the measures necessary to

correct the deficiencies or omissions in the risk management program, the parties

may enter into a consent agreement. c. If the parties cannot reach agreement, the commissioner, after notice and hearing

and written findings of fact, may issue an administrative order requiring changes

or additions to correct the deficiencies. Information available on the cost-effectiveness, extraordinarily hazardous accident

risk reduction effectiveness and technical feasibility of any changes or additions

that the department or owner or operator recommends shall be considered by the department

and the commissioner in making any decision. Such an order shall follow administrative hearing procedures, which are subject

to judicial review as necessary. This hearing procedure shall, to the maximum extent practicable and feasible, be

accorded priority status. 1

N.J.S.A. § 13:1K-22.