N.J. Admin. Code § 7:1E-6.2

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

Section 7:1E-6.2 - Applicability

(a) The Department may assess a civil administrative penalty of not more than $ 50,000 for any discharge less than 100,000 gallons, not more than $ 10,000,000 for any discharge of 100,000 gallons or more, and not more than $ 50,000 for each violation of the Act or of any rule, regulation, plan, information request, access request, order or directive promulgated or issued pursuant to the Act.

(b) Each violation of any provision of the Act, or any rule, regulation, plan, information request, access request, order or directive promulgated or issued pursuant thereto shall constitute a separate and distinct offense.

(c) Each day during which a violation continues shall constitute an additional, separate, and distinct offense.

(d) The Department may, in its discretion, treat an offense as a first offense solely for civil administrative penalty determination purposes, if the violator has not committed the same offense in the five years immediately preceding the date of the pending offense.

(e) Neither the assessment of a civil administrative penalty nor the payment of any such civil administrative penalty shall be deemed to affect the availability of any other enforcement provisions provided for by the Act, or any other statute, in connection with the violation for which the assessment is levied.

N.J. Admin. Code § 7:1E-6.2