N.J. Admin. Code § 7:26C-9.1

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

Section 7:26C-9.1 - Scope

(a) This subchapter governs administrative enforcement actions the Department may take for a person's violation of any of the following:

1. An administrative order issued pursuant to any of the Department's statutory authorities;

2. An administrative consent order;

3. The Industrial Site Recovery Act, 13:1K-6 et seq., including any of the following:

i. The Industrial Site Recovery Act Rules, N.J.A.C. 7:26B; and

ii. A remediation agreement issued pursuant to the Industrial Site Recovery Act, 13:1K-6 et seq., and the Industrial Site Recovery Act Rules, at N.J.A.C. 7:26B-4;

4. The Site Remediation Reform Act, 58:10C-1 et seq., and this chapter;

5. The Underground Storage of Hazardous Substances Act, 58:10A-21 et seq., and the Underground Storage Tanks rules, specifically N.J.A.C. 7:14B-1, 3, and 7 through 14;

6. The Discharges of Petroleum and Other Hazardous Substances rules, specifically N.J.A.C. 7:1E-5;

7. The Technical Requirements for Site Remediation, N.J.A.C. 7:26E; or

8. The Heating Oil Tank System Remediation Rules, N.J.A.C. 7:26F.

(b) This subchapter:

1. Identifies those violations where a grace period will be afforded;

2. Establishes base penalty amounts and penalty calculation procedures for non-minor violations and minor violations not corrected within the grace period;

3. Governs the procedures the Department will follow when it issues an administrative order;

4. Governs the procedures for requesting an adjudicatory hearing on an administrative order and a notice of civil administrative penalty assessment that the Department may issue pursuant to this subchapter;

5. Identifies responses required to a directive the Department issues pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11f; and

6. Governs the procedures the Department will follow when it assesses State costs.

N.J. Admin. Code § 7:26C-9.1

Amended by 50 N.J.R. 1715(b), effective 8/6/2018