N.J. Admin. Code § 7:27A-3.1

Current through Register Vol. 56, No. 16, August 19, 2024

Section 7:27A-3.1 - Scope and purpose

(a) This subchapter shall govern the Department's assessment of civil administrative penalties for violations of the Air Pollution Control Act, 26:2C-1 et seq., including violation of any rule promulgated, or administrative order, operating certificate, registration requirement or permit issued pursuant to the Act. This subchapter shall also govern the procedures for requesting an adjudicatory hearing on a notice of civil administrative penalty assessment or an administrative order.

(b) The Department may assess a civil administrative penalty of not more than $ 10,000 for the first offense, not more than $ 25,000 for the second offense, and not more than $ 50,000 for the third and each subsequent offense for each violation of each provision of the Act, or of any rule promulgated, or administrative order, operating certificate, registration requirement or permit issued pursuant to the Act.

(c) Each day during which a violation continues shall constitute an additional, separate, and distinct offense.

(d) Neither the assessment of a civil administrative penalty nor the payment of any such civil administrative penalty shall be deemed to affect the availability of any other enforcement provision provided for by the Act, or any other statute, in connection with the violation for which the assessment is levied.

N.J. Admin. Code § 7:27A-3.1