N.J. Admin. Code § 7:7A-22.4

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

Section 7:7A-22.4 - Civil administrative penalty

(a) Whenever, on the basis of available information, the Department finds a person in violation of any provision of the Freshwater Wetlands Protection Act, or of any permit, transition area waiver, letter of interpretation, agreement, order, settlement, exemption letter, mitigation proposal, or rule promulgated or approved pursuant thereto, the Department may assess a civil administrative penalty of no more than $ 25,000 for each violation, not including any amount assessed for economic benefit as determined under N.J.A.C. 7:7A-22.12. The amount of the civil administrative penalty for each such violation shall be determined under N.J.A.C. 7:7A-22.7 through 22.12.

(b) Whenever, on the basis of available information, the Department finds a person in violation of any provision of the Water Pollution Control Act, or of any permit, approval, agreement, transition area waiver, order, settlement, exemption, or rule promulgated or approved pursuant thereto, the Department may assess a civil administrative penalty of no more than $ 50,000 for each violation. The amount of the civil administrative penalty for each such violation shall be determined under the Department's rules implementing the enforcement provisions of that law at N.J.A.C. 7:14-8.

(c) The Department may, in its discretion, settle a civil administrative penalty assessed under this subchapter, in accordance with N.J.A.C. 7:7A-22.5(d). However, if the Department settles a penalty for a violation of the Water Pollution Control Act, the settlement is subject to N.J.A.C. 7:14-8.

N.J. Admin. Code § 7:7A-22.4

Amended and recodified from 16:55-16.5 by 49 N.J.R. 3849(a), effective 12/18/2017