N.J. Admin. Code § 7:10A-2.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:10A-2.3 - Civil administrative penalties

(a) The Department may assess a civil administrative penalty of not more than $ 5,000 per day for each violation of any provision of this chapter or of the Act or any provision of any license or administrative order promulgated or issued pursuant thereto.

(b) The authority to assess a civil administrative penalty pursuant to (a) above is in addition to any other remedies available to the Department pursuant to law.

(c) The Department may consider each violation of any provision of this chapter the Act, or any license or administrative order issued pursuant thereto, as a separate and distinct violation. Each day during which a violation continues may constitute an additional, separate and distinct offense subjecting the violator to the penalty schedule set forth in (d) below.

(d) The Department may assess a civil administrative penalty for each violation of any provision of this chapter, or the Act, or any provision of any license or administrative order issued pursuant thereto in an amount as follows:

1. For the first violation of a provision, $ 1,000;

2. For the second violation of the same provision, $ 2,500;

3. For the third and subsequent violation of the same provision, $ 5,000;

(e) The Department may assess a civil administrative penalty of $ 5,000 for refusing, inhibiting or prohibiting immediate lawful entry and inspection of any premises, building or place by any authorized Department personnel. Each day from the initial day of failure by the violator to allow immediate lawful entry and inspection to the day of receipt by the Department of written notification from the violator that entry and inspection will be allowed shall constitute an additional, separate and distinct violation.

(f) The Department may assess a civil administrative penalty against any licensed operator or other person who submits inaccurate information or who makes a false statement, representation or certification in any application, record or other document required to be submitted or maintained under this chapter or the Act or who fails to submit or maintain any application, record, or other document required to be submitted or maintained under this chapter or the Act, or who falsifies, tampers with or renders inaccurate any monitoring device or method required to be maintained by this chapter or the Act. Each day, from the day of submittal of the false or inaccurate information to the Department to the day of receipt by the Department of a written correction of the inaccurate information or falsified statement, shall constitute an additional, separate and distinct violation. The Department shall determine the amount of the civil administrative penalty based on the conduct of the violator as follows:

1. For any intentional, deliberate, purposeful, knowing or willful act or omission by the violator, the civil administrative penalty shall be in an amount of not more than $ 5,000 nor less than $ 4,000;

2. For any unintentional but foreseeable act or omission, the civil administrative penalty shall be in an amount of not more than $ 4,000 nor less than $ 3,000;

3. For any other violation, the civil administrative penalty shall be in an amount of not more than $ 2,500 nor less than $ 1,500.

(g) The Department may treat a violation as a first violation for purposes of determining the civil administrative penalty amount if the violator has not committed the same violation in the calendar year immediately preceding the date of the violation at issue.

(h) The Department may increase or reduce the amount determined pursuant to (d) through (f) above on the basis of the following factors:

1. The compliance history of the violator relating to the provisions of this chapter;

2. The nature, timing and effectiveness of any measures taken by the violator to mitigate the effects of the violation for which the penalty is being assessed;

i. Immediate implementation of measures to effectively mitigate the effects of the violation will result in a reduction to the bottom of the range.

3. The nature, timing and effectiveness of any measures taken by the violator to prevent future similar violations;

i. Implementation of measures that can reasonably be expected to prevent a recurrence of the same type of violation will result in a reduction equal to the bottom of the range.

4. Any unusual or extraordinary costs or impacts directly or indirectly imposed on the public or the environment as a result of the violation; and/or

5. Other specific circumstances of the violator or violation.

(i) The Department may settle any civil administrative penalty assessed pursuant to this section according to the following factors:

1. Mitigating or extenuating circumstances not previously considered in the notice of civil administrative penalty assessment;

2. The timely implementation by the violator of measures leading to compliance not previously considered in the penalty assessment;

3. The nature, timing and effectiveness of measures taken to mitigate the effects of the violation or prevent future similar violations not previously considered in the penalty assessment;

4. The compliance history of the violator not previously considered in the penalty assessment;

5. The deterrent effect of the penalty not previously considered in the penalty assessment; and/or

6. Any other terms or conditions acceptable to the Department.

N.J. Admin. Code § 7:10A-2.3