N.J. Admin. Code § 5:72-2.6

Current through Register Vol. 56, No. 24, December 18, 2024

Section 5:72-2.6 - Compliance

(a) A person who violates or causes to be violated a provision of (d) below shall be liable to a penalty of not more than $ 5,000 for each violation.

(b) If a violation of (d) below is of a continuing nature, each day during which the violation remains unabated after the date fixed in an order or notice for the correction or termination of the continuing violation shall constitute an additional and separate violation, except while an appeal from the order is pending.

(c) If an owner has been given notice of the existence of a violation of the Act and fails to abate the violation, he shall be liable to an additional penalty in the amount of the actual cost to the municipality or fire district of suppressing any fire directly or indirectly resulting from the violation.

(d) No person shall:

1. Obstruct, hinder, delay or interfere by force or otherwise with the Department in the exercise of any power or the discharge of any function or duty under the provisions of these regulations;

2. Prepare, utter or render any false statement, report, document, plans or specification permitted or required under the provisions of these regulations;

3. Render ineffective or inoperative, or fail to properly maintain, any protective equipment or system installed, or intended to be installed, in or on a terminal or tank;

4. Refuse or fail to comply with a lawful ruling, action, order or notice of the Department; or

5. Violate, or cause to be violated, any of the provisions of these regulations.

(e) The following penalties may be assessed:

1. The Department may levy and collect penalties in the amounts set forth in this section.

2. If the administration penalty order has not been satisfied by the thirtieth day after its issuance, the penalty may be sued for, and recovered by and in the name of the Department in a civil action by a summary proceeding under the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.) in the Superior Court.

3. A person who fails to pay immediately a money judgement rendered against him pursuant to this subsection may be sentenced to imprisonment by the court for a period not exceeding six months, unless the judgement is sooner paid.

(f) A person shall be deemed to have violated or caused to have violated a provision of (d) above if an officer, agent or employee under his control and with his knowledge has violated or caused to be violated any provisions of (d) above.

(g) Upon request of the owner or bona fide purchaser of a terminal, the Department shall issue a certificate either:

1. Enumerating the violations indicated by its records to be unabated and the penalties indicated to be unpaid; or

2. Stating that its records indicate that no violations remain unabated and no penalties remain unpaid.

(h) A person who purchases a property without having obtained a certificate stating that there are no unabated violations of record and no unpaid penalties shall be liable for the payment of all unpaid penalties.

(i) Any existing terminal required by these regulations to be equipped with a high level alarm system shall submit plans and specifications in accordance with N.J.A.C. 5:72-2.9 no later than three months following the effective date of these regulations.

(j) Any new terminal or tank constructed, or planned to be constructed in the State, shall comply with these regulations before the terminal or tank is occupied or put into operation.

N.J. Admin. Code § 5:72-2.6