N.J. Admin. Code § 7:1K-12.8

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:1K-12.8 - Civil administrative penalties for violations of rules adopted pursuant to the Act

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

(b) The following violations are non-minor:

1. Failure to prepare a Pollution Prevention Plan as required by N.J.A.C. 7:1K-3.1(a) through (e). The penalty for this violation shall be up to $1,000 for the first offense, up to $2,500 for the second offense, and up to $5,000 for the third offense and each subsequent offense.

2. Failure to prepare a Pollution Prevention Plan as required by N.J.A.C. 7:1K-3.7(a) every five years by July 1 beginning with the fifth year following the initial base year. The penalty for this violation shall be up to $1,000 for the first offense, up to $2,500 for the second offense, and up to $5,000 for the third offense and each subsequent offense.

3. Failure to comply with an administrative order issued pursuant N.J.A.C. 7:1K-12.2, addressing administrative completeness of a Pollution Prevention Plan, Pollution Prevention Plan summary or Pollution Prevention Plan Progress report. The penalty for this violation shall be up to $1,000 for the first offense, up to $5,000 for the second offense, and up to $10,000 for the third and each subsequent offense.

(c) The following violations are minor:

1. Failure to submit a Pollution Prevention Plan Summary as required by N.J.A.C. 7:1K-3.1(a) through (e) by July 1. If the violation is not corrected pursuant to (e) below, the penalty for this violation shall be up to $1,000 for the first offense, up to $2,500 for the second offense, and up to $5,000 for the third and each subsequent offense.

2. Failure to submit a Pollution Prevention Plan Progress Report as required by N.J.A.C. 7:1K-3.1(a) through (e) by July 1. If the violation is not corrected pursuant to (e) below, the penalty for this violation shall be up to $1,000 for the first offense, up to $2,500 for the second offense, and up to $5,000 for the third offense and each subsequent offense.

3. Failure to prepare and submit a Pollution Prevention Plan Summary as required by N.J.A.C. 7:1K-3.7(b) by July 1 beginning with the fifth year following the initial base year. If the violation is not corrected pursuant to (e) below, the penalty for this violation shall be up to $1,000 for the first offense, up to $2,500 for the second offense, and up to $5,000 for the third offense and each subsequent offense.

(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) and (d) above, the following provisions apply:

1. The Department shall issue a notice of violation to the person responsible for the minor 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 that violation and demonstrates, in accordance with (e)3 below, that compliance has been achieved within the specified grace period, the Department shall not impose a penalty for the violation, and in addition shall not consider the violation a first offense for purposes of applying the increased penalties for subsequent violations of the same provision as provided under (c) above.

3. The person responsible for a violation shall submit to the Department, before the end of the specified grace period, written information, signed by the person responsible for the minor violation, detailing the corrective action taken or compliance achieved.

4. If the person responsible for the minor violation seeks additional time beyond the specified grace period to achieve compliance, the person shall request an extension of the specified grace period. The request shall be made in writing no later than one week before the end of the specified grace period and include the anticipated time needed to achieve compliance, the specific cause or causes of the delay, and any measures taken or to be taken to minimize the time needed to achieve compliance. The Department may, at its discretion, approve in writing an extension, which shall not exceed 90 days, to accommodate the anticipated delay in achieving compliance. In exercising its discretion to approve a request for an extension, the Department may consider the following:

i. Whether the violator has taken reasonable measures to achieve compliance in a timely manner;

ii. Whether the delay has been caused by circumstances beyond the control of the violator;

iii. Whether the delay will pose a risk to the public health, safety and natural resources; and

iv. Whether the delay will materially or substantially undermine or impair the goals of the regulatory program.

5. 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, or within the approved extension, if any, the Department may, in accordance with the provisions of this chapter, impose a penalty that is retroactive to the date the notice of violation under (e)1 above was issued.

6. The person responsible for a minor violation shall not request more than one extension of a grace period specified in a notice of violation.

N.J. Admin. Code § 7:1K-12.8

Repeal and New Rule, R.1994 d.51, effective 2/7/1994.
See: 25 New Jersey Register 1849(a), 26 New Jersey Register 842(a).
Repeal and New Rule by R.2005 d.317, effective 9/19/2005.
See: 37 New Jersey Register 984(a), 37 New Jersey Register 3637(c).