N.J. Admin. Code § 14:2-6.9

Current through Register Vol. 56, No. 18, September 16, 2024

Section 14:2-6.9 - Actions in Superior Court

(a) The Board may institute an action or proceeding in the Superior Court for a violation of any provision of this chapter, the Underground Facility Protection Act, or an order adopted pursuant thereto and the court may proceed in a summary manner.

(b) The Board may bring a Superior Court action for one or more of the following remedies:

1. A temporary or permanent injunction, pursuant to 48:2-86(b);

2. A civil penalty;

3. Costs incurred by the Board as a result of any investigation, inspection, monitoring or survey that led to the Board's determination that the violation had occurred; and/or

4. The reasonable costs of preparing, pursuing and litigating the case against the violator.

(c) An affected operator may institute an action in the Superior Court for an injunction against a violator whose repeated failure to comply with the Underground Facilities Protection Act constitutes a threat to public safety.

(d) The institution of an action or proceeding in Superior Court by any party shall not limit the Board's authority to seek the administrative remedies provided for in this subchapter.

N.J. Admin. Code § 14:2-6.9

New Rule, R.2009 d.250, effective 8/17/2009.
See: 40 N.J.R. 6928(a), 41 N.J.R. 3096(a).

Amended by 54 N.J.R. 1417(a), effective 7/18/2022