N.J. Admin. Code § 7:1K-12.2

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

Section 7:1K-12.2 - Procedures for assessment and payment of civil administrative penalties

(a) In order to assess a civil administrative penalty for a violation of the Act, the Department shall, by means of an administrative order and notice of civil administrative penalty assessment, notify the violator by certified mail (return receipt requested) or by personal service. The Department may, in its discretion, assess a civil administrative penalty for more than one offense in a single administrative order and notice of civil administrative penalty assessment or in multiple administrative orders and notices of civil administrative penalty assessment. The administrative order and notice of civil administrative penalty assessment shall:

1. Identify the section of the Act, rule, administrative order, or permit violated;

2. Concisely state the facts that constitute the violation of the Act;

3. Specify the amount of the civil administrative penalty assessed; and

4. Advise the violator of the right to request an adjudicatory hearing pursuant to the procedures in N.J.A.C. 7:1K-12.3.

(b) A notice of assessment of a civil administrative penalty may be issued separately or as part of an administrative order issued pursuant to 13:1D-49(b) requiring the alleged violator to take affirmative action to comply with the Pollution Prevention Act or a rule or regulation issued pursuant to the Act.

(c) Payment of the civil administrative penalty is due upon receipt by the violator of the Department's Final Order in a contested case, or when a notice of civil administrative penalty assessment becomes a Final Order, as follows:

1. If an adjudicatory hearing is not requested pursuant to the procedures in 7:1K-12.3, a Notice of Civil Administrative Penalty Assessment becomes a Final Order on the 21st day following receipt of the Notice of Civil Administrative Penalty Assessment by the violator;

2. If an adjudicatory hearing is requested pursuant to the procedures in 7:1K-12.3 but the Department denies the hearing request, a Notice of Civil Administrative Penalty Assessment becomes a Final Order upon receipt by the violator of notice of such denial; or

3. If an adjudicatory hearing is requested pursuant to the procedures in 7:1K-12.3 and the Department grants the hearing request, a Notice of Civil Administrative Penalty Assessment becomes a Final Order upon receipt by the violator of a Final Order in a contested case.

N.J. Admin. Code § 7:1K-12.2