N.J. Admin. Code § 7:14-8.17

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:14-8.17 - Enforcement actions for failure to implement an approved industrial pretreatment program

(a) The Department may assess a civil administrative penalty against any delegated local agency pursuant to this section for each violator who fails to implement its approved industrial pretreatment program as required by the Federal Act, the State Act, or the Water Pollution Control Act, and for violations of any rule, administrative order, or permit issued pursuant thereto.

(b) Each violation of any provision of the Federal Act, the State Act, the Water Pollution Control Act, or any rule, administrative order, or permit issued pursuant thereto, shall constitute an additional, separate and distinct violation.

(c) The Department may assess a civil administrative penalty for violations described in this section at the midpoint of the following ranges except as adjusted pursuant to (e) below:

1. For failure to implement any of the following pretreatment program requirements, the civil administrative penalty shall be in an amount up to $ 10,000:

i. Give public notice to indirect users which meet or have met the significant non-compliance criteria as defined by 40 CFR Part 403.8(f)(2)(vii);

ii. Ensure public participation and notification;

iii. Perform RCRA notification pursuant to 40 CFR Part 403; or

iv. Submit required major program modifications.

2. For failure to implement any of the following pretreatment program requirements, the civil administrative penalty shall be in an amount up to $ 20,000:

i. Identify and locate indirect users;

ii. Perform data management and recordkeeping;

iii. Sample the treatment works as required by the conditions of the IPP; or

iv. Submit a " 40 CFR Part 403 " annual report, and/or the "CWEA" annual report pursuant to 58:10A-14.2 and/or the grace period annual report pursuant to 7:14A-19.6(g) and (h).

3. For failure to implement any of the following pretreatment program requirements, the civil administrative penalty shall be in an amount up to $ 50,000:

i. Inspect indirect users;

ii. Issue a permit to those facilities required to receive such a document;

iii. Sample indirect users;

iv. Initiate, prosecute or settle enforcement actions in accordance with this subchapter and an approved enforcement response plan and the pretreatment program as approved, including any subsequent amendments thereto;

v. Develop and enforce local discharge limitations;

vi. Review reports and identify violations; or

vii. Secure and maintain program resources.

(d) The Department may assess a civil administrative penalty in accordance with (c) above at any time. The assessment shall be based on the Department's evaluation of the delegated local agency's pretreatment program requirements. Furthermore, the Department may require a delegated local agency to adequately respond to findings based on an inspection conducted by the Department, the Department's review of the delegated local agency's 40 CFR Part 403 annual report, or the IPP on-site audit conducted by the Department.

(e) The Department may adjust the amount determined pursuant to (c) above to assess a civil administrative penalty from the midpoint of the range to an amount not 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 nature, timing and effectiveness of any measures taken by the violator to prevent future similar violations;

3. 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

4. Other specific circumstances of the violator or violation.

(f) When the Department determines that the violator has gained an economic benefit from a violation, the Department may, in addition to any other civil administrative penalty assessed pursuant to this subchapter, include as part of a civil administrative penalty, under (c) above, the economic benefit (in dollars) which the violator has realized as a result of not complying, or by delaying compliance.

(g) If the Department determines that a delegated local agency has failed to assess mandatory minimum penalties in accordance with this subchapter or the Water Pollution Control Act, it shall take enforcement action against the delegated local agency, including, but not limited to, issuance of a notice of violation, issuance of an order, assessment of penalties and injunctive relief to compel compliance.

N.J. Admin. Code § 7:14-8.17

New Rule, R.1997 d.106, effective 5/5/1997.
See: 28 N.J.R. 720(a), 28 N.J.R. 2779(a), 28 N.J.R. 3040(a), 28 N.J.R. 3494(a), 28 N.J.R. 4697(a), 29 N.J.R. 1691(c).
Amended by R.1999 d.32, effective 1/19/1999.
See: 30 N.J.R. 1356(a), 31 N.J.R. 157(a).
In (c)3, rewrote iv; and added (g).
Amended by R.2007 d.234, effective 8/6/2007.
See: 38 N.J.R. 2919(a), 39 N.J.R. 3298(a).
In (c)2iv, substituted "N.J.S.A. 58:10A-14.2 and/or the grace period annual report pursuant to N.J.A.C. 7:14A-19.6(g) and (h)" for "N.J.S.A. 53:10A-14.2".