N.J. Admin. Code § 7:20-2.6

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

Section 7:20-2.6 - Civil administrative penalty amount for violation of the Safe Dam Act

(a) The Department may assess the following civil administrative penalty for each day that the respective identified violations continue:

1. Failure to draw off (drain or lower) an impoundment:

i. Class I Dams: $ 10,000 to $ 25,000;

ii. Class II Dams: $ 5,000 to $ 10,000;

iii. Class III and IV Dams: $ 1,000 to $ 5,000;

2. Failure to submit a permit application, compliance schedule, inspection report, emergency action plan or operation and maintenance plan or other document required by the Safe Dam Act or these rules, or failure to respond to a request for information:

i. Class I Dams: $ 5,000;

ii. Class II Dams: $ 2,500;

iii. Class III and IV Dams: $ 1,000;

3. Failure to conduct or complete dam repairs, maintenance, modification or removal:

i. Class I Dams: $ 10,000 to $ 25,000;

ii. Class II Dams: $ 5,000 to $ 10,000;

iii. Class III and IV Dams: $ 1,000 to $ 5,000;

4. Failure to obtain Department approval prior to the construction or modification of a dam or appurtenant structure:

i. Class I Dams: $ 10,000 to $ 25,000;

ii. Class II Dams: $ 5,000 to $ 10,000;

iii. Class III and IV Dams: $ 1,000 to $ 5,000;

5. Failure to allow access to a dam site, including appurtenant structures to representatives of the Department presenting proper credentials:

i. All dams: $ 1,000 to $ 5,000;

6. Failure to implement a security plan:

i. Class I Dams: $ 10,000 to $ 25,000;

ii. Class II Dams: $ 5,000 to $ 10,000;

iii. Class III and IV Dams: $ 1,000 to $ 5,000;

7. Failure to comply with any permit requirement:

i. Class I Dams: $ 10,000 to $ 25,000;

ii. Class II Dams: $ 5,000 to $ 10,000;

iii. Class III and IV Dams: $ 1,000 to $ 5,000;

8. Knowingly, recklessly, or negligently making a false statement, representation, or certification in any application, record or other document filed or required to be maintained by the Safe Dam Act:

i. All dams: $ 1,000 to $ 5,000.

(b) The civil administrative penalty shall be established at the mid-point of the ranges set forth at (a) above unless adjusted by the Department in its discretion within the range on the basis of the following factors:

1. The compliance history of the violator;

2. The number, frequency and severity of the violations;

3. The measures taken by the violator to mitigate the effect of the current violation or to prevent future violations;

4. The cooperation of the violator in correcting the violation, remedying the damage caused by the violation and ensuring the violation does not reoccur;

5. The deterrent effect of the penalty;

6. Any costs or impacts directly or indirectly imposed on the public or the environment as a result of the violation; and

7. Other specific circumstances of the violator or violation.

(c) In settling a civil administrative penalty, the Department may in its discretion consider the following:

1. Mitigating and extenuating circumstances;

2. Measures taken to mitigate impact of the violation; and

3. Other terms and conditions acceptable to the Department.

N.J. Admin. Code § 7:20-2.6