N.J. Admin. Code § 7:14A-19.5

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

Section 7:14A-19.5 - Enforcement requirements in an industrial pretreatment program

(a) All delegated local agencies shall, at a minimum, include in their sewer use ordinance or rules and regulations the following enforcement and penalty provisions:

1. The ability to issue an order in accordance with N.J.S.A. 58:10A-10a(1);

2. The ability to bring a civil action, including injunctive relief, in accordance with N.J.S.A. 58:10A-10a(2) and 58:11-55(b);

3. The ability to petition the county prosecutor or Attorney General to bring a criminal action in accordance with 58:10A-6.i. and 58:10A-10a(5);

4. The ability to issue a civil administrative penalty in accordance with N.J.S.A 58:10A-10.5;

5. The ability to bring an action for a civil penalty in accordance with N.J.S.A. 58:10A-10a(4);

6. The ability to issue a summons in accordance with 58:10A-10.4;

7. The ability to assess a penalty for each violation that causes a violator to be, or continue to be, a significant noncomplier as defined at 7:14-8.2;

8. The ability to assess a penalty for each serious violation as defined at N.J.A.C. 7:14-8.2;

9. The ability to assess a penalty in accordance with 7:14-8.16;

10. The ability to assess a penalty for submitting inaccurate or false information in accordance with 7:14-8.6; and

11. The ability to assess a penalty for failure to properly conduct monitoring or sampling activities or to submit discharge monitoring reports/self-monitoring reports, or other pretreatment monitoring reports in accordance with 7:14-8.9(c), (d) and (e).

(b) All delegated local agencies shall include in their sewer use ordinance or rules and regulations procedural and substantive requirements regarding:

1. Notice of a penalty assessment and notice of the opportunity to request an administrative hearing on the assessment of a civil administrative penalty in accordance with 58:10A-10.5 and 7:14-8.4;

2. Opportunity to file exceptions, objections, and replies to the head of the delegated local agency in accordance with 58:10A-10.6;

3. Issuance of a final decision or order in accordance with 58:10A-10.6 and 10.7;

4. Appeal of a civil administrative penalty, the payment of interest, the collection of the civil administrative penalty and other procedures in accordance with 58:10A-10.8; and

5. Civil administrative penalty settlement restrictions in accordance with 7:14-8.3(e).

N.J. Admin. Code § 7:14A-19.5

Amended by R.1999 d.32, effective 1/19/1999.
See: 30 N.J.R. 1356(a), 31 N.J.R. 157(a).
In (b), added an N.J.A.C. reference in 1, deleted "the posting of bond or security" following "administrative penalty" at the beginning of 4 and added 5; and added (c) and (d).
Amended by R.2009 d.7, effective 1/5/2009.
See: 40 N.J.R. 1478(a), 41 N.J.R. 142(a).
Deleted (c) and (d).