N.J. Admin. Code § 7:1G-7.7

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

Section 7:1G-7.7 - Penalties

(a) This section establishes penalties for violations of the Act and this chapter. Violations are identified as minor or non-minor in accordance with 13:1D-125 et seq.

(b) The following violations are non-minor:

1. Failure of an employer to complete and submit to the Department a Community Right to Know Survey for each facility covered by this chapter by March 1 of the year following the reporting year in accordance with 7:1G-3.1 and 5.1. The penalty for this violation is $ 1,000 for each violation. The Department may assess an additional penalty for each day that the violation continues, in an amount not to exceed $ 1,000 per day.

2. Failure of an employer to report all EHSs as required under 7:1G-3.1 on the Community Right to Know Survey or Release and Pollution Prevention Report in accordance with N.JA.C. 7:1G-3.1, 4.1 and 5.1. The penalty for this violation is based on the number of substances omitted, and is $ 500.00 if 10 or fewer substances are omitted and is $ 1,000 if more than 10 substances are omitted.

3. Failure of an employer to transmit a copy of the Community Right to Know Survey for each covered facility by March 1 of the year following the reporting year to the local fire and police departments, local emergency planning committee, and the Right to Know County Lead Agency of the county in which the facility is located in accordance with 7:1G-3.1 and 5.1. The penalty for this violation is $ 500.00 for each violation. The Department may assess an additional penalty for each day that the violation continues, in an amount not to exceed $ 100.00 per day.

4. Failure of an employer to provide on the Community Right to Know Survey all information listed at 7:1G-3.1(c)1 through 5 for each Environmental Hazardous Substance (EHS) that meets or exceeds the thresholds listed in 7:1G-3.1(b). The penalty for this violation is $ 1,000 for each violation. The Department may assess an additional penalty for each day that the violation continues, in an amount not to exceed $ 1,000 per day.

5. Failure of an employer to retain a copy of the Community Right to Know Survey and/or Release and Pollution Prevention Report at each facility and make it available upon request to facility employees within five business days of the request in accordance with 7:1G-5.1. The penalty for this violation is $ 1,000 for each violation. The Department may assess an additional penalty for each day that the violation continues, in an amount not to exceed $ 1,000 per day.

6. Failure of an employer to make available the Community Right to Know Survey and/or the Release and Pollution Prevention Report for the most recent Survey year to the Department, its local designees, or emergency responders in accordance with 7:1G-5.1. The penalty for this violation is $ 500.00 for each violation. The Department may assess an additional penalty for each day that the violation continues, in an amount not to exceed $ 100.00 per day.

7. Failure to provide the environmental release, throughput, waste transfer and pollution prevention information required by the Environmental Survey in accordance with 7:1G-4.1(c) and any pollution prevention information required pursuant to the Pollution Prevention Act on the RPPR in accordance with 7:1G-4.1. The penalty for this violation is $ 1,000 for each violation. The Department may assess an additional penalty for each day that the violation continues, in an amount not to exceed $ 1,000 per day.

8. Failure of an employer to submit to the Department information clarifying any statement made on the Community Right to Know Survey and/or Release and Pollution Prevention Report within 30 days of notification or subsequent date specified by the Department in accordance with 7:1G-5.2. The penalty for this violation is $ 500.00 for each violation. The Department may assess an additional penalty for each day that the violation continues, in an amount not to exceed $ 100.00 per day.

(c) The following violations are minor:

1. Failure of an employer to submit to the Department a completed Release and Pollution Prevention Report by July 1 of the year following the reporting year in accordance with 7:1G-4.1 and 5.1. The penalty for this violation is $ 1,000 for each violation. The Department may assess an additional penalty for each day that the violation continues, in an amount not to exceed $ 1,000 per day.

2. Failure of an employer to submit a copy of the completed Release and Pollution Prevention Report by July 1 of the year following the reporting year to the county lead agency of the county in which the facility is located in accordance with 7:1G-5.1. The penalty for this violation is $ 500.00 for each violation. The Department may assess an additional penalty for each day that the violation continues, in an amount not to exceed $ 100.00 per day.

(d) The Department shall provide a grace period of 30 days for any violation identified as minor under (c) above, provided the following conditions are met:

1. The violation is not the result of the purposeful, knowing, reckless, or criminally negligent conduct of the person responsible for the violation;

2. The activity or condition constituting the violation has existed for less than 12 months prior to the date of discovery by the Department or local government agency; and

3. The person responsible for the violation has not been identified in a previous enforcement action by the Department as responsible for the same or a substantially same violation at the same facility within the preceding 12-month period.

(e) For any violation determined to be minor under (c) above and provided a grace period under (d) above, the following provisions apply:

1. The Department shall issue a notice of violation that:

i. Identifies the condition or activity that constitutes the minor violation and the specific statutory and regulatory provision or other requirement violated; and

ii. Specifies that a penalty may be imposed unless the minor violation is corrected and compliance is achieved within the specified grace period.

2. If the person responsible for the minor violation corrects the violation and demonstrates to the Department that compliance has been achieved within the specified grace period, the Department shall not impose a penalty for the violation.

3. If the person responsible for the minor violation fails to demonstrate to the Department that the violation has been corrected and compliance achieved within the specified grace period, the Department may, in accordance with the provisions of this subchapter, impose a penalty that is retroactive to the date the notice of violation under (e)1 above was issued.

N.J. Admin. Code § 7:1G-7.7

Repeal and New Rule, R.1994 d.3, effective 1/3/1994.
See: 25 New Jersey Register 1631(a), 26 New Jersey Register 200(a).
Section was "Penalty for time related violations".
Amended by R.1994 d.349, effective 7/18/1994.
See: 26 New Jersey Register 123(a), 26 New Jersey Register 2930(a).
Amended by R.2005 d.27, effective 1/18/2005.
See: 36 New Jersey Register 3376(a), 37 New Jersey Register 275(a).
Rewrote the section.