N.J. Admin. Code § 7:14-8.7

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

Section 7:14-8.7 - Civil administrative penalty for failure to allow lawful entry and inspection

(a) The Department may assess a civil administrative penalty pursuant to this section against each violator who refuses, inhibits or prohibits immediate lawful entry and inspection of any premises, building or place by any authorized Department representative.

(b) 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 the violator will not refuse, inhibit or prohibit immediate lawful entry and inspection, shall be an additional, separate and distinct violation.

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

1. For refusing, inhibiting or prohibiting immediate lawful entry and inspection of any premises, building or place for which an administrative order or permit exists under the Water Pollution Control Act or the New Jersey Underground Storage of Hazardous Substances Act, the civil administrative penalty shall be in an amount up to $ 50,000; and

2. For any other refusal, inhibition or prohibition of immediate lawful entry and inspection, the civil administrative penalty shall be in an amount up to $ 8,000.

(d) The Department may, in its discretion, adjust the amount determined pursuant to (c) 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 violations;

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.

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

N.J. Admin. Code § 7:14-8.7

Amended by R.1989 d.282, effective 6/5/1989.
See: 21 N.J.R. 373(a), 21 N.J.R. 1530(a).
The word "lawful" added before "entry" wherever it appears; language regarding assessing penalty at mid-point of ranges and new (d) added.
Amended by R.1991 d.378, effective 8/5/1991.
See: 23 N.J.R. 1089(a), 23 N.J.R. 2366(a).
In (c)1, changed penalty amount to "up to $ 50,000".
In (c)2, changed penalty amount to "up to $ 8,000".
Deleted (d)5 and substituted new text.
Added (d)6, 7 and 8.
Amended by R.2007 d.234, effective 8/6/2007.
See: 38 N.J.R. 2919(a), 39 N.J.R. 3298(a).
Added (e).