N.J. Admin. Code § 7:38-13.11

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:38-13.11 - Failure to allow entry

(a) The Department may assess a civil administrative penalty pursuant to this section against any person who refuses, obstructs, or impedes immediate entry to any site, land, premises, building or facility by any Department representative seeking to conduct any inspection, sampling, or to otherwise determine compliance with the Act or any approval, permit, determination, court order or administrative order issued pursuant to this Act or its implementing rules.

(b) Each day that a violator refuses, obstructs or impedes immediate lawful entry by a Department representative to any site, land, premises, area, building, facility or property shall be an additional, separate and distinct violation.

(c) The Department shall assess a civil administrative penalty for violations described in this section except as adjusted pursuant to (d) below, as follows:

1. For refusing, obstructing or impeding immediate entry and inspection of any site, land, premises, area, building, facility or property for which an administrative order, permit, approval, application, or other operating authority requirement exists or is required under the Act, the civil administrative penalty shall be $ 10,000 per act or omission; and

2. For any other refusal, obstruction, or prohibition of immediate Department entry and inspection, the civil administrative penalty shall be $ 5,000 per violation.

(d) The Department may adjust the amount determined pursuant to (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 range described in (c) above, on the basis of the following factors:

1. The compliance history of the violator with respect to the Highlands Act and any other statute or regulation that would have prohibited the same type of conduct had it occurred outside the Highlands Region;

2. The impact the inability to inspect or sample has had on the environment, other persons or property, or any regulatory decisions made by the Department; and/or

3. The nature, timing and effectiveness of any measures taken by the violator to mitigate the effects of the violation or to allow subsequent Department entry for inspection.

N.J. Admin. Code § 7:38-13.11