N.J. Admin. Code § 7:26B-1.11

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

Section 7:26B-1.11 - Civil penalties

(a) Any person who knowingly gives or causes to be given any false information or who fails to comply with the provisions of the Act or this chapter shall be liable for a civil penalty of not more than $ 25,000 for the first offense, and not more than $ 50,000 for the second and subsequent offenses. If the violation is of a continuing nature, each day during which it continues shall constitute an additional and separate offense.

(b) The Department may assess a civil administrative penalty, pursuant to the Administrative Requirements for the Remediation of Contaminated Sites, at N.J.A.C. 7:26C-9, against any person who violates the requirements of this chapter.

(c) Any officer or management official of an industrial establishment who knowingly directs or authorizes the violation of any provision of ISRA or this chapter shall be personally liable for any penalties provided by ISRA or this chapter.

(d) In its discretion, the Department may compromise and settle any claim for a penalty pursuant to ISRA or this chapter.

N.J. Admin. Code § 7:26B-1.11

Amended by R.2003 d.198, effective 5/19/2003.
See: 34 N.J.R. 3703(a), 35 N.J.R. 2319(a).
Rewrote (b).
Amended by R.2006 d.328, effective 9/18/2006.
See: 37 N.J.R. 2923(a), 38 N.J.R. 3821(a).
In (b), deleted ".4 and 10.5" following "N.J.A.C. 7:26C-10".
Special amendment, R.2009 d.361, effective 11/4/2009 (to expire May 4, 2011).
See: 41 N.J.R. 4467(a).
In (b), substituted "Administrative Requirements for the Remediation of Contaminated Sites" for "Oversight" and updated the N.J.A.C. reference.
Readoption of special amendment, R.2011 d.251, effective 9/8/2011.
See: 43 N.J.R. 1077(a), 43 N.J.R. 2581(b).
Provisions of R.2009 d.361 readopted without change.
Amended by R.2012 d.095, effective 5/7/2012.
See: 43 N.J.R. 1935(a), 44 N.J.R. 1339(b).
In (a), substituted "the first" for the first occurrence of "each", and inserted ", and not more than $ 50,000 for the second and subsequent offenses"; and in (b), deleted "rules" following "Sites" and "to remediate contamination" following "chapter".