N.J. Stat. § 26:2C-19.5
Rules, regulations; unavailability of affirmative defense
New Jersey · New Jersey Statutes Title 26 — Health and Vital Statistics · Status: effective
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- N.J. Stat. § 26:2C-19.5, Rules, regulations; unavailability of affirmative defense, New Jersey, version 1 as recorded 2026-09-28, yourstate.us, https://yourstate.us/provision/1453569
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Full text
5. a. The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations that establish limitations upon the maximum frequency and duration of violations resulting from equipment malfunctions, equipment start-ups, equipment shut-downs, and the performance of necessary equipment maintenance operations for which an affirmative defense may be asserted pursuant to section 2 of P.L.1993, c.89 (C.26:2C-19.2). The limitations shall be based upon the operating history of similar sources on an industry basis.
b. The affirmative defense established pursuant to section 2 of P.L.1993, c.89 (C.26:2C-19.2), shall not be available with respect to violations arising from equipment malfunctions, equipment start-ups, or equipment shut-downs, or during necessary equipment maintenance operations, that occur more frequently or persist for a longer duration than the maximum limitations established pursuant to subsection a. of this section.