N.J. Admin. Code § 7:38-13.7

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

Section 7:38-13.7 - Civil administrative penalty amount

(a) To determine the civil administrative penalty for regulated activities conducted prior to the issuance of a Highlands Preservation Area Approval, the Department shall use the procedures in N.J.A.C. 7:38-13.8. To determine the civil administrative penalty for all other violations of the Act, except for those described at N.J.A.C. 7:38-13.10 through 13.12, the Department shall use the procedures identified in this section.

(b) The Department may, in its discretion, adjust the civil administrative penalty amount determined pursuant to this section to an amount no greater than the maximum amount nor less than the minimum amount in the range described in N.J.A.C. 7:38-13.8 and 13.9, on the basis of any or a combination of the factors listed in (b)1 through 5 below and as otherwise identified in this subchapter. No such factor constitutes a defense to any violation:

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

2. The type, number and frequency of these violation(s) by the violator;

3. The measures taken by the violator to mitigate the effects of the current violation;

4. The deterrent effect of the penalty; and/or

5. Any other extenuating, mitigating or aggravating circumstances.

N.J. Admin. Code § 7:38-13.7

Amended by R.2006 d.420, effective 12/4/2006.
See: 37 N.J.R. 4767(a), 38 N.J.R. 5011(a).
In (a), inserted "except for those described at N.J.A.C. 7:38-13.10 through 13.12,".