N.J. Admin. Code § 7:14-8.9

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

Section 7:14-8.9 - Civil administrative penalty for failure to properly conduct monitoring or sampling under the Water Pollution Control Act

(a) The Department may assess a civil administrative penalty pursuant to this section against each violator who fails to carry out monitoring or sampling activities or to submit discharge monitoring reports, baseline monitoring reports, monitoring report forms or sludge quality assurance reports required by the Water Pollution Control Act or any rule, water quality standard, effluent limitation, administrative order or permit issued pursuant thereto.

(b) Each violation, including each parameter that is required to be monitored, sampled and reported and that is not monitored, sampled and reported, is an additional, separate and distinct violation. Each day during which a violation continues shall constitute an additional, separate and distinct violation.

(c) Except as provided in (e) below, the Department shall assess a civil administrative penalty for violations described in this section based on the conduct of the violator at the midpoint of the following ranges except as adjusted pursuant to (d) below:

1. For any intentional, deliberate, purposeful, knowing or willful act or omission by the violator, the civil administrative penalty shall be in an amount up to $ 50,000;

2. For any unintentional but foreseeable act or omission by the violator, the civil administrative penalty shall be in amount up to $ 40,000; or

3. For any other violations the civil administrative penalty shall be in an amount up to $ 20,000.

(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 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.

(e) For any person's failure to submit a complete discharge monitoring report, the Department shall assess a minimum mandatory civil administrative penalty of not less than $ 100.00 for each effluent parameter omitted on a discharge monitoring report, nor greater than $ 50,000 per month for any one discharge monitoring report, for any discharge monitoring report required to be submitted after June 30, 1991.

1. The civil administrative penalty assessed pursuant to (e) above shall begin to accrue on the fifth day after the date on which the discharge monitoring report was due and shall continue to accrue at least for 30 days if the violation is not corrected.

2. The Department may continue to assess civil administrative penalties for the failure to submit a complete discharge monitoring report beyond the 30-day period referenced in (e)1 above until the violation is corrected.

3. To contest a civil administrative penalty assessed pursuant to this section, a violator shall submit evidence of extenuating circumstances beyond the control of the permittee, including circumstances that prevented timely submission of a complete discharge monitoring report, or portion thereof, within 30 days after the date on which the effluent parameter information was required to be submitted to the Department. If the violator fails to submit the required information within this 30-day period, the violator shall have waived its right to contest the civil administrative penalty in this manner and be barred from doing so.

4. A violator will not be subject to a civil administrative penalty for the inadvertent omission of one or more effluent parameters in a discharge monitoring report if both of the following conditions are met:

i. The violator submits the omitted information to the Department within 10 days after receipt by the violator of notice of the omission; and

ii. The violator demonstrates to the satisfaction of the Department that the violation for which the Department assessed the civil administrative penalty was due to an inadvertent omission by the violator of one or more effluent parameters.

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

N.J. Admin. Code § 7:14-8.9

Amended by R.1989 d.282, effective 6/5/1989.
See: 21 N.J.R. 373(a), 21 N.J.R. 1530(a).
Language added at (b) regarding each day constituting a separate violation and at (d), new 5.
Amended by R.1991 d.378, effective 8/5/1991.
See: 23 N.J.R. 1089(a), 23 N.J.R. 2366(a).
In (a), added "discharge monitoring reports, baseline monitoring reports, monitoring report forms or sludge quality assurance reports".
In (c), added "Except as provided in (e) below".
In (c)1, changed penalty amount to "up to $ 50,000".
In (c)2, changed penalty amount to "up to $ 40,000".
In (c)3, changed penalty amount to "up to $ 20,000".
Substituted old text with new text in (d)5 and added 6, 7, 8.
Added (e).
Amended by R.2003 d.198, effective 5/19/2003.
See: 34 N.J.R. 3703(a), 35 N.J.R. 2319(a).
In (a), deleted "or the New Jersey Underground Storage of Hazardous Substances Act" following "the Water Pollution Control Act".
Amended by R.2007 d.234, effective 8/6/2007.
See: 38 N.J.R. 2919(a), 39 N.J.R. 3298(a).
Added (f).