N.J. Admin. Code § 7:14-8.1

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:14-8.1 - Authority and purpose

(a) The purpose of this subchapter is to establish a civil administrative penalty policy governing the uniform assessment of civil administrative penalties. This subchapter shall also govern the Department's assessment of civil administrative penalties for violations of the Water Pollution Control Act, 58:10A-1 et seq., including violation on any rule or regulation, water quality standard, effluent limitation, administrative order or permit issued pursuant to the Water Pollution Control Act, and for violations of the Act Concerning Pretreatment of Industrial Wastewater, 58:11-64 et seq., and 58:10A-21 et seq. (also known as the New Jersey Underground Storage of Hazardous Substances Act). In addition, this subchapter shall govern the Department's administrative assessment of costs pursuant to N.J.S.A. 58:10A-10d(1)(c). This subchapter shall also govern the procedure for requesting an adjudicatory hearing on a notice of civil administrative penalty assessment or an administrative order.

(b) The Department may assess a civil administrative penalty of not more than $ 50,000 for each violation of each provision of either the Water Pollution Control Act or the New Jersey Underground Storage of Hazardous Substances Act, or not more than $ 100,000 for a violation of both statutes.

(c) Each day during which a violation as set forth in (b) above continues shall constitute an additional, separate and distinct violation.

(d) Neither the assessment of a civil administrative penalty nor the payment of any such civil administrative penalty shall affect the availability of any other enforcement provision provided for by 58:10A-10, or any other statute, in connection with the violation for which the assessment is levied.

(e) This subchapter, as amended effective May 17, 1999 shall apply to all violations which occur on or after May 17, 1999.

(f) This subchapter also establishes a civil administrative penalty policy governing the uniform assessment of civil administrative penalties by delegated local agencies as authorized pursuant to N.J.S.A. 58:10A-10.5. Nothing in this subchapter shall be construed to authorize a delegated local agency to take any action beyond the scope of its authority pursuant to N.J.S.A. 58:10A-10.5 through 10.10. Except as provided in this subsection, in connection with actions taken by a delegated local agency pursuant to N.J.S.A. 58:10A-10.5, all references in this subchapter to the Department shall be deemed to refer to the delegated local agency; the delegated local agency shall comply with all requirements which this subchapter imposes upon the Department, and may take all actions which this subchapter states that the Department may take, except that delegated local agencies shall not be subject to the requirement, at N.J.A.C. 7:14-8.4(a), that an adjudicatory hearing request be submitted to the Department's Office of Administrative Hearings and Dispute Resolution with a copy to the Department's enforcement bureau. A person requesting an adjudicatory hearing to contest an administrative order, notice of civil administrative penalty assessment, or notice of civil administrative cost assessment issued by a delegated local agency shall submit the request to the delegated local agency.

N.J. Admin. Code § 7:14-8.1

Amended by R.1989 d.282, effective 6/5/1989.
See: 21 N.J.R. 373(a), 21 N.J.R. 1530(a).
Last sentence in (b) recodified as new (c), (c) recodified to (d) with no change in text.
Amended by R.1991 d.307, effective 6/17/1991.
See: 22 N.J.R. 2870(a), 23 N.J.R. 1926(a).
Deleted "violation of the rules governing laboratory certification and standard of performance, N.J.A.C. 7:18," in (a).
Amended by R.1991 d.378, effective 8/5/1991.
See: 23 N.J.R. 1089(a), 23 N.J.R. 2366(a).
In (a), added first sentence; added "or regulation"; added references to N.J.S.A. 58:11-49 et seq. and N.J.S.A. 58:10A-10d(1)(c).
Added (e).
Amended by R.1995 d.162, effective 3/20/1995.
See: 26 N.J.R. 4912(a), 27 N.J.R. 1265(a).
Amended by R.1997 d.106, effective 5/5/1997.
See: 28 N.J.R. 720(a), 28 N.J.R. 2779(a), 28 N.J.R. 3040(a), 28 N.J.R. 3494(a), 28 N.J.R. 4697(a), 29 N.J.R. 1691(c).
In (e), amended effective dates; and added (f).
Amended by R.1999 d.32, effective 1/19/1999.
See: 30 N.J.R. 1356(a), 31 N.J.R. 157(a).
In (e), substituted "January 19, 1999" for "May 5, 1997" throughout; and rewrote (f).
Amended by R.1999 d.163, effective 5/17/1999.
See: 31 N.J.R. 508(b), 31 N.J.R. 1314(b).
In (e), changed effective and application dates.
Amended by R.2007 d. 234, effective 8/6/2007.
See: 38 N.J.R. 2919(a), 39 N.J.R. 3298(a).
In (a), deleted "violation of the rules governing laboratory certification and standards of performance, N.J.A.C. 7:18," following the second occurrence of "Water Pollution Control Act", and "the Water Supply and Wastewater Operators' Licensing Act, N.J.S.A. 58:11-64 et seq.," following "N.J.S.A. 58:11-64 et seq.,".

Administrative Change, 55 N.J.R. 528(a), effective 2/23/2023