N.J. Admin. Code § 19:9-1.12

Current through Register Vol. 57, No. 1, January 6, 2025

Section 19:9-1.12 - Damaging or defacing of the Roadway

(a) No unauthorized person shall cut, mutilate, or remove any trees, shrub, or plants located on the Roadway.

(b) No unauthorized person shall deface, damage, mutilate, or remove any official traffic control device, delineator, structure, fence, or other property or equipment of the Authority or its concessionaires.

(c) No material shall be discharged on the Roadway, whether intentionally or unintentionally, that may cause damage to the Roadway, the general public, the Authority, its agents and employees, or any real or personal property owned, leased, or under the supervision of the Authority. For purposes of this subsection only, "damage" includes any effect that may be injurious to health, safety, or welfare, or which may cause financial loss or delay the movement of traffic.

(d) The operator, owner, or lessee of any vehicle from which a discharge in violation of any provision of this section or N.J.A.C. 19:9-1.10, 1.11(b), or 1.15 occurs, regardless of the cause of the discharge, shall cooperate fully with the Authority, its employees, agents, and third parties authorized to respond to an emergency, discharge, or blockage of traffic by the Authority, the State Police, and the New Jersey Department of Environmental Protection and shall take any action deemed necessary by them to restore normal traffic conditions and to remove spilled or otherwise discharged material from the Roadway immediately. The vehicle operated, owned, or leased by any person failing to cooperate or take such action as deemed necessary by the official in charge of the scene where the discharge occurred is subject to impoundment by the Authority, the State Police, or the New Jersey Department of Transportation and their agents and employees until such time as all penalties, towing, and storage fees and costs have been satisfied.

(e) In addition to any penalties prescribed by this chapter or by the laws and regulations of other government entities including, but not limited to, Titles 2C, 13, 27, 39, and 58 of the New Jersey Statutes and Federal law or regulation, any person violating any provision of this section or N.J.A.C. 19:9-1.10, 1.11(b), or 1.15, shall be liable to the Authority for any and all costs arising out of said violation, including the costs of:

1. Collecting, testing and disposing of the material and restoring the Roadway to its condition immediately prior to the violation;

2. Replacing or repairing, in the Authority's sole discretion, any property damaged by reason of said violation;

3. Toll and concession revenue lost because of the closing of the Roadway, any part thereof, or any interchange by reason of said violation;

4. Medical care, supervision, or other costs relating to personal injury suffered by the general public, the Authority, its agents, or employees; and

5. Any other costs arising out of said violation and incurred by the Authority or third parties.

(f) The Authority may recover the costs pursuant to (e) above by way of complaint filed in Superior Court, Law Division, or United States District Court, by an administrative consent order executed by an authorized representative of the New Jersey Department of Environmental Protection, or by any other lawful means.

N.J. Admin. Code § 19:9-1.12

Amended by 49 N.J.R. 3236(b), effective 9/18/2017

Amended by 57 N.J.R. 55(c), effective 1/6/2025