N.J. Admin. Code § 7:26-5.8

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

Section 7:26-5.8 - Civil administrative penalty for failure to pay a fee

(a) The Department may assess a civil administrative penalty pursuant to this section against each violator who fails to pay a fee when due pursuant to the act, or any rule promulgated, any administrative order, permit, license or other operating authority issued, any district solid waste management plan approved pursuant to the Act.

(b) To assess a civil administrative penalty pursuant to this section:

1. The Department shall identify the civil administrative base penalty pursuant to (c) below; and

2. The civil administrative penalty shall be the base penalty unless adjusted pursuant to (d) below.

(c) The base penalty shall be as follows:

1. An amount equal to one-half of the unpaid fee or $ 100.00, whichever is greater, for nonpayment of a fee due in any calendar year; or

2. An amount equal to the unpaid fee or $ 250.00 whichever is greater, for the nonpayment of a second fee due in the same calendar year as that in (c)1 above; or

3. An amount equal to the twice the unpaid fee or $ 500.00, whichever is greater for the nonpayment of a third fee due in the same calendar year as that in (c)1 or 2 above.

(d) Failure to pay a fee within 30 days of receipt by the violator of notice of the nonpayment from the Department shall be considered a continuing violation. For a continuing violation, the Department may increase the amount of the base penalty calculated pursuant to (c) above by the amount obtained by multiplying the base penalty dollar amount by one percent for each day that the fee is past due.

(e) A violation under this section is non-minor and, therefore, not subject to a grace period.

N.J. Admin. Code § 7:26-5.8

Amended by R.1996 d.578, effective 12/16/1996.
See: 28 N.J.R. 2114(a), 28 N.J.R. 5248(a).
In (a), deleted reference to Part A permit application; rewrote (b) and (c); and added (d).
Amended by R.2006 d.343, effective 9/18/2006.
See: 37 N.J.R. 3130(a), 38 N.J.R. 3782(b).
Added (e).