N.J. Admin. Code § 7:14-8.12

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:14-8.12 - Civil administrative penalty for violation of whole effluent toxicity limitations

(a) The Department may assess a civil administrative penalty for violations of whole effluent toxicity limitations expressed as median Lethal Concentration (LC50), a No Observed Adverse Effect Concentration (NOAEC), a No Observable Effect Concentration (NOEC), an Inhibition Concentration (IC25) or No Measurable Acute Toxicity (NMAT) pursuant to this section.

(b) Each violation of a whole effluent toxicity limitation shall constitute an additional, separate and distinct violation.

(c) To assess a civil administrative penalty pursuant to this section the Department shall identify the civil administrative penalty range pursuant to (d) or (e) below.

(d) The Department shall determine the range for the civil administrative penalty for violations of whole effluent toxicity limitations expressed as median Lethal Concentration (LC50), a No Observed Adverse Effect Concentration (NOAEC), a No Observable Effect Concentration (NOEC), or an Inhibition Concentration (IC25) described in this section as follows, except as adjusted pursuant to (f) below:

1. For any violation of an LC50, a NOEC or an IC25 limit included in the following table, the civil administrative penalty shall be in an amount up to $ 50,000, when upon subtracting the toxicity test result from the whole effluent toxicity limit, the difference is as follows:

Whole Effluent Toxicity Limit	Difference
(% Effluent)	(% Effluent)
greater than or equal to 80 and less than or
equal to 100	greater than or equal to 20
greater than or equal to 50 and less than 80	greater than or equal to 15
greater than 10 and less than 50	greater than or equal to 10
less than or equal to 10	greater than or equal to 9

2. For any other violation of an LC50, a NOEC or IC25 limit the civil administrative penalty shall be in an amount up to $ 40,000.

(e) The Department shall assess a civil administrative penalty for violations of whole effluent toxicity limitations expressed as No Measurable Acute Toxicity (NMAT) or No Observed Adverse Effect Concentration (NOAEC) based on the extent of the violator's exceedance of the whole effluent toxicity limitation at the midpoint of the following ranges except as adjusted pursuant to (f) below:

1. For any violation of a NMAT or NOAEC limit with greater than or equal to 50 percent mortality in any test concentration, including 100 percent effluent, the civil administrative penalty shall be in an amount up to $ 50,000;

2. For any other violation of a NMAT or NOAEC limit the civil administrative penalty shall be in an amount up to $ 40,000.

(f) The Department may, in its discretion, adjust the amount determined pursuant to (d) or (e) above to assess a civil administrative penalty in an amount no greater than the maximum amount nor less than the minimum amount in the range on the basis of the following factors:

1. The compliance history of the violator;

2. The number, frequency and severity of the violation(s);

3. The measures taken by the violator to mitigate the effects of the current violation or to prevent future violations;

4. The deterrent effect of the penalty;

5. The cooperation of the violator in correcting the violation, remedying the damage caused by the violation and ensuring that the violation does not reoccur;

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

7. Any impacts on the receiving water, including stress upon the aquatic biota, or impairment of receiving water uses, such as for recreational or drinking water supply, resulting from the violation; and

8. Other specific circumstances of the violator or violation.

(g) A violation under this section is non-minor and, therefore, not subject to a grace period.

N.J. Admin. Code § 7:14-8.12

New Rule, R.1991 d.378, effective 8/5/1991.
See: 23 N.J.R. 1089(a), 23 N.J.R. 2366(a).
Old section 8.12 Civil administrative penalty for economic benefit recodified to 8.13.
Amended by R.1999 d.163, effective 5/17/1999.
See: 31 N.J.R. 508(b), 31 N.J.R. 1314(b).
In (a) and (d), inserted references to No Observed Adverse Effect Concentration and to Inhibition Concentration throughout; and in (e), inserted references to No Observed Adverse Effect Concentration throughout.
Amended by R.2007 d.234, effective 8/6/2007.
See: 38 N.J.R. 2919(a), 39 N.J.R. 3298(a).
Added (g).