N.J. Admin. Code § 7:20A-4.4

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

Section 7:20A-4.4 - Civil administrative penalty determination

(a) The Department may assess a civil administrative penalty under this subsection against each violator who refuses, inhibits or prohibits immediate lawful entry and inspection of any premises, building or place by any authorized Department representative. Each day, from the initial day on which the violator refuses, inhibits or prohibits immediate lawful entry and inspection by any authorized Department representative up to and including the day on which the Department receives written notification from the violator that the violator will not refuse, inhibit or prohibit immediate lawful entry and inspection, shall constitute an additional, separate and distinct violation. The Department shall assess the penalty in accordance with (a)1 or 2 below, as applicable, except as adjusted pursuant to (d) below:

1. For refusing, inhibiting or prohibiting immediate lawful entry and inspection of any premises, building or place for which an administrative order or water usage certification has been issued under this chapter, the civil administrative penalty shall be in an amount up to $ 5,000; or

2. For any other refusal, inhibition or prohibition of immediate lawful entry and inspection, the civil administrative penalty shall be in an amount up to $ 2,000.

(b) The Department may assess a civil administrative penalty under this subsection against each violator who submits inaccurate information or who makes a false statement, representation or certification in any application, record or other document required to be submitted or maintained, or who fails to submit or maintain any application, record, or other document required to be submitted or maintained, or who falsifies, tampers with or renders inaccurate any monitoring device or method required to be maintained under this chapter or any order adopted or issued by the Department pursuant this chapter. Each day, from the day on which the violator submits the inaccurate information or false statement, representation or certification to the Department up to and including the day on which the Department receives a written correction of the inaccurate information or false statement, representation or certification, shall constitute an additional, separate and distinct violation. The Department shall assess the penalty at the midpoint of the range at (b)1 through 3 below, as applicable, except as adjusted pursuant to (d) below:

1. For any intentional, deliberate, purposeful, knowing or willful act or omission by the violator, the civil administrative penalty shall be in an amount of not more than $ 5,000 or less than $ 1,000;

2. For any unintentional but foreseeable act or omission, the civil administrative penalty shall be in an amount not more than $ 2,500 nor less than $ 500.00; or

3. For any other violation, the civil administrative penalty shall be in an amount not more than $ 2,000.

(c) For each violation of the Act, this chapter, water usage certification, certification condition, or order adopted or issued under this chapter, other than a violation described at (a) or (b) above, the Department may assess a civil administrative penalty under this subsection. The Department shall consider each violation of each provision of this chapter a separate and distinct violation. If the violation is of a continuing nature, each day during which a violation continues shall constitute an additional, separate and distinct violation. The Department shall assess the penalty at the midpoint of the range at (c)1 through 3 below, as applicable, except as adjusted pursuant to (d) below:

1. For the first violation of a provision, not more than $ 1,000;

2. For the second violation of the same provision, not less than $ 1,000 nor more than $ 2,500; and

3. For the third and subsequent violations of the same provision, not less than $ 2,500 nor more than $ 5,000.

(d) The Department may adjust the amount determined pursuant to (a), (b), or (c) above to assess a civil administrative penalty in an amount no greater than the maximum amount nor less than the minimum amount in the ranges described in (a), (b), or (c) above, on the basis of any or a combination of the factors listed in (d)1 through 7 below. No such factor constitutes a defense to any violation:

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 effects of the subject violation or to prevent future violations;

4. The deterrent effect of the penalty;

5. The cooperation of the violator in correcting the violation, remedying any environmental damage caused by the violation and ensuring that the violation does not recur;

6. Any unusual or extraordinary costs directly or indirectly imposed on the public by the violation; and/or

7. Any other extenuating, mitigating or aggravating circumstances.

N.J. Admin. Code § 7:20A-4.4

Amended by R.2007 d.6, effective 1/2/2007.
See: 38 N.J.R. 2947(a), 39 N.J.R. 39(a).
In (a)2, substituted "$ 2,000" for "$ 800.00"; in (b)1, substituted "$ 5,000" for "$ 3,000"; in (b)2, substituted "$ 2,500" for "$ 1,500"; and in (b)3, substituted "$ 2,000" for "$ 1,000".