a. Except as otherwise provided in subsection b. of this section, the department shall,
as soon as practicable, but not later than six months following a filing of a DPCC
plan, contingency plan, or a renewal thereof, or, in the case of plan amendments,
within 60 days of the filing of the amendments, review the filing to determine compliance
with all statutory requirements, including rules and regulations adopted thereunder.
b. The department may, at any time during the plan, plan renewal or plan amendment
review period approve, conditionally approve, or disapprove a plan, plan renewal,
or plan amendments. If a plan, plan renewal or plan amendments are disapproved, the owner or operator
of the major facility or transmission pipeline shall have 30 days from receipt of
written notice of the disapproval, and the reasons therefor, within which to submit
a revised plan or plan amendments. The department may, at any time after an on-site inspection of a facility or pipeline,
or a discharge or other emergency at a facility or pipeline, direct the owner or operator
of the major facility or transmission pipeline to submit amendments to a DPCC plan
or contingency plan on file with the department, or to submit additional documentation
or information in conjunction with a filed plan or amendments. If within 30 days of receipt of a written request therefor, the owner or operator
of the major facility or transmission pipeline fails to file a revised plan, amendments,
or requested information satisfactory to the department, or fails to contest the department's
request in accordance with the “Administrative Procedure Act,” P.L.1968, c. 410 (C. 52:14B-1 et seq.), the DPCC plan, contingency plan, renewal plan, or plan amendments shall be deemed
to have been disapproved by the department and the owner or operator of the facility
or pipeline shall be in violation of section 2 or section 3, as appropriate, of P.L.1990, c. 78 (C. 58:10-23.11d2 or 58:10-23.11d3). The department may, for good cause, extend by up to an additional 30 days the time
period for filing a revised plan or plan amendments, or for responding to a request
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.