N.J. Admin. Code § 7:1E-6.5

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

Section 7:1E-6.5 - Civil administrative penalty determination-general

(a) For violations other than those set forth in (c) below and 7:1E-6.6 through 6.8, the Department may assess a civil administrative penalty for offenses described in this subchapter within the following ranges:

1. Up to $ 20,000 for the first offense;

2. Up to $ 35,000 for the second offense; and

3. Up to $ 50,000 for the third and each subsequent offense.

(b) The Department may, in its discretion, set the amount determined pursuant to (a) above to assess a civil administrative penalty on the basis of the following factors:

1. The compliance history of the violator;

2. The number, frequency and severity of the offense(s);

3. The measures taken by the violator to mitigate the effects of the current offense and to prevent future offenses;

4. The deterrent effect of the penalty; or

5. Other specific circumstances of the violator or offense.

(c) The Department may assess a civil administrative penalty, pursuant to the Administrative Requirements for the Remediation of Contaminated Sites rules, N.J.A.C. 7:26C-9, for a person's violation of an obligation to cleanup and remove a discharge pursuant to N.J.A.C. 7:1E-5.

N.J. Admin. Code § 7:1E-6.5

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), inserted "(c) below and" preceding the N.J.A.C. references; added (c).
Amended by R.2006 d.328, effective 9/18/2006.
See: 37 N.J.R. 2923(a), 38 N.J.R. 3821(a).
In (c), substituted "Sites rules" for "Sites rule" and deleted ".4 and 10.5" following "N.J.A.C. 7:26C-10".
Special amendment, R.2009 d.361, effective 11/4/2009 (to expire May 4, 2011).
See: 41 N.J.R. 4467(a).
In (c), substituted "Administrative Requirements for the Remediation" for "Department Oversight" and updated the first N.J.A.C. reference.
Readoption of special amendment, R.2011 d.251, effective 9/8/2011.
See: 43 N.J.R. 1077(a), 43 N.J.R. 2581(b).
Provisions of R.2009 d.361 readopted without change.