N.J. Admin. Code § 12:196-1.13

Current through Register Vol. 56, No. 17, September 3, 2024

Section 12:196-1.13 - Violations/penalties

(a) A person who violates any of the provisions of the Act or this chapter shall be liable for an administrative penalty of:

1. Not less than $ 50.00 nor more than $ 250.00 for a first offense; and

2. Not more than $ 500.00 for each subsequent offense.

(b) Each day that a gasoline station operates in violation of the provisions of the Act or this chapter shall constitute an additional, separate and distinct offense.

(c) Unsatisfied penalties shall be recovered by the Commissioner in a civil action by a summary proceeding pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq., in the county or municipality where the violation occurred.

(d) In assessing the amount of the penalty to be imposed pursuant to the Act and to this chapter, the Commissioner shall consider the following factors, where applicable, in determining what constitutes an appropriate penalty for the particular cited violation:

1. The seriousness of the cited violation;

2. The past record of compliance with the provisions of the Act, and the rules and regulations adopted thereunder, by the alleged violator;

3. The degree of cooperation afforded to the Commissioner's representatives by the alleged violator in securing compliance with the provisions of the Act and rules and regulations adopted thereunder; and

4. Whether the cited violation was willful in nature.

N.J. Admin. Code § 12:196-1.13

New Rule, R.1997 d.145, effective 3/17/1997.
See: 29 New Jersey Register 94(a), 29 New Jersey Register 900(a).