New Jersey § 26:2c-9

§ 26:2c-9.

a. The department shall conduct ambient air quality tests, on at least a monthly basis

and wherever possible in conjunction with the county college or other county facility,

which are representative of every county of the State. The department shall report the results of these tests to the county health officers,

the Legislature, and the news media. b. The department shall control air pollution in accordance with the provisions of

any applicable code, rule, or regulation promulgated by the department and for this

purpose shall have power to: (1) Conduct and supervise research programs for the purpose of determining the causes,

effects, and hazards of air pollution; (2) Conduct and supervise Statewide programs of air pollution control education including

the preparation and distribution of information relating to air pollution control; (3) Require the registration of persons engaged in operations that may result in air

pollution and the filing of reports, including but not limited to emission statements,

by them containing information relating to location, size of outlet, height of outlet,

rate and period of emission and composition of effluent, and such other information

as the department shall prescribe to be filed relative to air pollution, all in accordance

with applicable codes, rules, or regulations established by the department; (4) Enter and inspect any building or place, except private residences, for the purpose

of investigating an actual or suspected source of air pollution and ascertaining compliance

or noncompliance with any codes, rules, or regulations of the department. Any information, other than actual or allowable air contaminant emissions, relating

to secret processes or methods of manufacture or production obtained in the course

of an inspection, investigation, or determination, shall be kept confidential and

shall not be admissible in evidence in any court or in any other proceeding except

before the department. If samples are taken for analysis, a duplicate of the analytical report shall be

furnished promptly to the person suspected of causing air pollution; (5) Receive or initiate complaints of air pollution, hold hearings in connection with

air pollution, and institute legal proceedings for the prevention of air pollution

and for the recovery of penalties, in accordance with P.L.1954, c. 212 ( C.26:2C-1 et seq. ); (6) With the approval of the Governor, cooperate with, and receive funds or other

assistance from, the federal government, the State government, any interstate body,

or any county or municipal government, or from private sources, for the study and

control of air pollution; (7) Charge, in accordance with a fee schedule that shall be adopted by the department

pursuant to the “Administrative Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), (a) reasonable annual emission fees for major facilities as provided in section

5 of P.L.1995, c. 188 ( C.26:2C-9.5 ), and (b) administrative fees for any of the services the department performs or

provides in connection with administering P.L.1954, c. 212 ( C.26:2C-1 et seq. ). The administrative fees charged by the department pursuant to this subsection shall

not exceed $25,000 per application based on criteria contained in the fee schedule; (8) Issue, renew, reopen, and revise operating permits, and require any person who

is required to obtain an operating permit under the provisions of the federal Clean

Air Act to obtain an operating permit and to certify compliance therewith for all

air pollution sources; and (9) Establish, implement, and operate a small business stationary source technical

and environmental compliance assistance program as required pursuant to 42 U.S.C. 7661f of the federal Clean Air Act.