N.J. Admin. Code § 14:7-2.7

Current through Register Vol. 56, No. 12, June 17, 2024

Section 14:7-2.7 - Civil administrative penalty determination

(a) The Board may assess a civil administrative penalty in accordance with the amounts specified in the Federal Code, up to the relevant maximum amounts set forth at N.J.S.A. 48:10-11, 48:2-86, or 48:9-33, against each person who violates the provisions of any law, rule, regulation, or order relating to natural gas pipeline safety, including violations of the Underground Facility Protection Act, N.J.S.A. 48:2-73 et seq., pertaining to natural gas pipeline safety, gas pipeline distribution facilities, hazardous liquid underground pipelines, or hazardous liquid distribution facilities.

(b) In determining the amount of the civil administrative penalty assessed, or an amount agreed upon in compromise, the Board shall consider:

1. The nature, circumstances and gravity of the violation(s);

2. The degree of the violator's culpability;

3. Any history of prior violations;

4. The prospective effect of the penalty upon the ability of the violator to conduct business;

5. Any good faith effort by the violator to achieve compliance;

6. The violator's ability to pay the penalty; and

7. Any other factors justice may require.

(c) Neither the assessment of a civil administrative penalty nor the payment of any such civil administrative penalty shall be deemed to affect the availability of any other enforcement provision provided for by law, in connection with the violation for which the assessment is levied.

N.J. Admin. Code § 14:7-2.7

Recodified from N.J.A.C. 14:7-2.6 and amended by R.2009 d.69, effective 3/2/2009.
See: 40 N.J.R. 4915(a), 41 N.J.R. 1083(a).
In (a), substituted "$ 100,000" for "$ 25,000", "$ 1,000,000" for "$ 500,000", ", N.J.S.A. 48:2-73 et seq.," for "(P.L. 1994, c.118)", and inserted ", gas pipeline distribution facilities, hazardous liquid underground pipelines or hazardous liquid distribution facilities".
Special amendment by R.2019 d.079, effective 6/26/2019 (to expire December 26, 2020).
See: 51 N.J.R. 1287(a).
In (a), substituted "$ 200,000" for "$ 100,000" and "$ 2,000,000" for "$ 1,000,000", and inserted a comma following "pipelines".

Amended by 55 N.J.R. 1201(a), effective 6/5/2023