N.J. Admin. Code § 7:26-5.4

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

Section 7:26-5.4 - Civil administrative penalties for violation of rules adopted pursuant to the Act

(a) The Department may assess a civil administrative penalty pursuant to this section of not more than $ 50,000 for each violation of each requirement of any rule listed in N.J.A.C. 7:26-5.4(g).

(b) Each violation of a rule listed in N.J.A.C. 7:26-5.4(g) shall constitute an additional, separate and distinct violation.

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

(d) For each parameter that is required to be monitored, sampled or reported, the failure to so monitor, sample or report shall constitute an additional, separate and distinct violation.

(e) Where any requirement of any rule listed in N.J.A.C. 7:26-5.4(g) may pertain to more than one act, condition, occurrence, item, unit, waste or parameter, the failure to comply with such requirement as it pertains to each such act, condition, occurrence, item, unit, waste or parameter shall constitute an additional, separate and distinct violation.

(f) The Department shall determine the amount of a civil administrative penalty for each violation of any rule listed in (g) below on the basis of the provision violated, according to the following procedure. For a violation of a requirement or condition of an administrative order, permit, license or other operating authority, the Department may in its sole discretion identify the corresponding requirement of any rule summary listed in (g) below and determine the amount of the civil administrative penalty on the basis of the rule provision violated.

1. Identify the rule violated as listed in N.J.A.C. 7:26-5.4(g)1 through 8A;

2. Identify the corresponding base penalty dollar amount for the rule violated as listed in N.J.A.C. 7:26-5.4(g)1 through 8A;

3. Multiply the base penalty dollar amount times the following multipliers for each factor to obtain the severity penalty component, as applicable:

Data in image

4. To obtain the civil administrative penalty, add all of the severity penalty components pursuant to (f)3 above, to the base penalty. If the sum total exceeds $ 50,000, then the civil administrative penalty shall be $ 50,000.

EXAMPLE:

Base penalty (for violation of N.J.A.C. 7:26-2.12(f)	=	$ 1,000
Subparagraph (f)3iii applies: 0.50x1000
=	500
Subparagraph (f)3iv applies: 0.25x1000
=	+ 250
Civil administrative penalty	$ 1,750

5. For the purpose of this section, violation of the "same rule" means violation of the same specific requirement of a rule. Where a rule has a list of specific requirements, the same item on the list must be violated to be considered violation of the "same rule.

(g) The Rule Summary in this subsection, which summarizes certain provisions in N.J.A.C. 7:26, is provided for informational purposes only. In the event that there is a conflict between the rule summary in this subsection and a provision in N.J.A.C. 7:26, then the provision in N.J.A.C. 7:26 shall prevail.

1. The violations of N.J.A.C. 7:26-1, General Provisions, whether the violation is minor or non-minor, the length of the grace period, and the civil administrative penalty amounts for each violation, are as set forth in the following table.

Grace
Base	Type of	Period
Rule	Rule Summary	Penalty	Violation	(days)
N.J.A.C.
7:26-1.7(b)	Failure of owner or	$ 3,000	M	30
operator of any facility
exempted under N.J.A.C.
7:26-1.7 to comply with all
conditions set forth in its
certificate of authority
to operate.

2. The violations of N.J.A.C. 7:26-2, Disposal, whether the violation is minor or non-minor, the length of the grace period, and the civil administrative penalty amounts for each violation, are as set forth in the following table.

Grace
Base	Type of	Period
Rule	Rule Summary	Penalty	Violation	(days)
N.J.A.C.
7:26-2.7(b)1	Failure of permittee to	$ 3,000	M	30
apply for a permit renewal
at least 90 days prior to
the expiration date of the
existing SWF permit.
7:26-2.8(b)	Failure of permittee to	$ 3,000	M	30
submit a statement updating
the information contained
in the initial registration
statement.
7:26-2.8(c)	Failure of permittee to	$ 3,000	M	30
notify the Department
within 30 days of any
change of information in
the registration statement.
7:26-2.8(e)	Failure to apply and	$ 4,500	NM
receive approval of a SWF
permit prior to engaging
in the disposal of solid
waste in this State
7:26-2.8(f)	Failing to obtain a SWF	$ 4,500	NM
permit prior to
constructing or operating
a solid waste facility.
7:26-2.8(j)	Failure to meet all	$ 3,000	M	30
conditions, restrictions,
requirements or any other
provision set forth in SWF
permit.
7:26-2.8(k)	Failure to receive	$ 3,000	M	30
Department approval prior
to modifying, revising or
otherwise changing a permit
condition.
7:26-2.8(l)	Failure to receive	$ 5,000	NM
Department approval prior
to transferring ownership
of a SWF permit.
7:26-2.	Failure of operator to	$ 3,000	M	1
11(b)1	clean areas where waste has
been deposited or stored
within each 24 hour period,
for sanitary landfills all
areas where waste has been
deposited shall be covered.
7:26-2.	Failure to ensure any waste	$ 3,000	M	30
11(b)2	stored overnight at any
facility is effectively
treated to prevent odors
associated with
putrefaction.
7:26-2.	Failure to maintain	$ 3,000	M	30
11(b)3	facility property
surrounding the disposal
area free of litter, debris,
unprocessed waste,
processed residues and
effluents.
7:26-2.	Failure to implement dust	$ 3,000	M	30
11(b)4	control methods.
7:26-2.	Failure to ensure no odors	$ 4,500	NM
11(b)5	of sufficient strength and
duration to be injurious to
human health or
unreasonably interfere with
the enjoyment of life or
property are detected
off-site.
7:26-2.	Failure to maintain all	$ 4,500	NM
11(b)6	facility systems in a
manner that facilitates
proper operation and
minimizes system downtime.
7:26-2.	Failure to maintain an	$ 5,000	NM
11(b)7	adequate water supply and
adequate fire-fighting
equipment.
7:26-2.	Failure to control insects,	$ 4,500	NM
11(b)8	other arthropods and
rodents.
7:26-2.	Failure to comply at all	$ 3,000	M	30
11(b)9	times with the conditions
of SWF permit.
7:26.2.	Failing to ensure waste is	$ 4,500	NM
11(b)10	not received in excess to
the system's designed
capacity.
7:26-2.	Failure to operate the	$ 3,000	M	30
11(b)11	facility in a manner that
employs the use of
equipment and other
techniques as identified in
the facility's SWF permit.
7:26-2.	Failure to maintain an	$ 3,000	M	30
11(b)12	approved O and M manual at
the facility, changes to
be submitted, at a minimum,
on an annual basis
7:26-2.	Failure to admit only	$ 4,500	NM
11(c)1	properly registered solid
waste vehicles for loading
or unloading of any solid
waste.
7:26-2.	Failure to designate a	$ 4,500	NM
11(c)2	secure area where solid
waste may be unloaded from
vehicles exempt from
registration under N.J.A.C.
7:26-3.3.
7:26-2.	Failure to designate a	$ 4,500	NM
11(c)3	secure area where
unpermitted waste can be
deposited.
7:26-2.	Failure to maintain a	$ 5,000	NM
11(c)4	record of the quantity of
each waste type accepted
for disposal.
7:26-2.	Failure to provide a means	$ 3,000	M	30
11(c)5	of cleaning vehicle tires
of debris.
7:26-2.12(b)	Failure of generators of	$ 4,500	NM
asbestos containing waste
materials to submit a
complete written
notification of intent to
demolish, 10 days prior to
beginning the demolition
activity.
7:26-2.12(c)	Failure of generators of	$ 4,500	NM
asbestos containing waste
material to submit a
complete written
notification of intent to
renovate, 10 days prior to
beginning the renovation
activity.
7:26-2.	Failure to maintain a daily	$ 3,000	M	B30
13(a)1-6	record of waste received.
7:26-2.	Failure to maintain a daily	$ 3,000	M	30
13(a)7	record of asbestos waste
and make appropriate
submittals.
7:26-2.	Failure to install or	$ 3,000	M	30
13(a)8	operate scales or keep
records.
7:26-2.	Failure of facility	$ 4,500	NM
13(c)1	operator to verify that the
O and D form has been
completed by a registered
transporter and that the
waste identified by the
transporter may be disposed
at the facility in
compliance with district
solid waste management plan
and facility's
registration.

3. The violations of N.J.A.C. 7:26-2A, Additional Specific Disposal Regulations for Sanitary Landfills, whether the violation is minor or non-minor, the length of the grace period, and the civil administrative penalty amounts for each violation, are as set forth in the following table.

Grace
Base	Type of	Period
Rule	Rule Summary	Penalty	Violation	(days)
N.J.A.C.
7:26-2A.	Failure to confine working	$ 4,500	NM
8(b)1	face to the smallest
practical area.
7:26-2A.	Failure to compact waste to	$ 3,000	M	30
8(b)2	yield smallest volume.
7:26-2A.	Failure to compact waste in	$ 4,500	NM
8(b)3	shallow layers; or
compacting waste over
leachate collection pipes
per N.J.A.C. 7:26-2A.
7(d)3xiv.
7:26-2A.	Failure to ensure lift	$ 4,500	NM
8(b)4	height of daily cell does
not exceed 12 feet.
7:26-2A.	Failure to ensure slope is	$ 4,500	NM
8(b)5	no steeper than 3:1.
Failure of balefill
operations to comply with
working face requirements.
7:26-2A.	Failure to obtain	$ 3,000	M	30
8(b)6	department approval of
separate areas for storage
of demolition waste or
recyclable materials.
7:26-2A.	Failure to cover exposed	$ 4,500	NM
8(b)7	surfaces of solid waste at
close of each operating day
with daily cover.
7:26-2A.	Failure to progressively	$ 4,500	NM
8(b)8	apply daily cover.
7:26-2A.	Failure to apply	$ 4,500	NM
8(b)9	intermediate cover (a
minimum of 12 inches of
earth) to surfaces exposed
more than 24 hours.
7:26-2A.	Failure to maintain grade,	$ 4,500	NM
8(b)10	thickness and integrity of
intermediate and final
cover.
7:26-2A.	Failure to grade areas with	$ 4,500	NM
8(b)11	intermediate cover to
facilitate drainage.
7:26-2A.	Failure to use appropriate	$ 4,500	NM
8(b)12	daily and intermediate
cover materials; not
maintaining sufficient
quantity of cover at site;
not maintaining standby
supply of cover within
boundaries.
7:26-2A.	Failure to construct final	$ 4,500	NM
8(b)13	cover in accordance with N.
J.A.C. 7:26-2A.7(i) and to
apply it to all surfaces.
7:26-2A.	Failure to maintain	$ 4,500	NM
8(b)20	sufficient types and
quantities of equipment to
adequately meet the
requirements of N.J.A.C.
7:26-2A.8(b)7 through 10.
7:26-2A.	Failure to maintain steel	$ 3,000	M	30
8(b)21	wheel type compactors of at
least 45,000 pounds.
7:26-2A.	Failure to equip landfill	$ 5,000	NM
8(b)22	equipment with safety
devices.
7:26-2A.	Failure, in the case of	$ 4,500	NM
8(b)23	breakdown of equipment, to
repair or obtain
replacement within 24
hours; or to include a
maintenance contract in O
& M plan.
7:26-2A.	Failure to limit access for	$ 4,500	NM
8(b)24	disposal to operating
hours only.
7:26-2A.	Failure to secure landfill	$ 4,500	NM
8(b)25	with a six-foot high chain
link fence.
7:26-2A.	Failure to maintain all	$ 4,500	NM
8(b)27	weather road to working
face.
7:26-2A.	Failure to control litter.	$ 3,000	M	30
8(b)28
7:26-2A.	Failure to control dust by	$ 3,000	M	1
8(b)29	spraying water or
equivalent.
7:26-2A.	Failure to eliminate	$ 4,500	NM
8(b)30	emissions which result in
odors detectable in areas
of human use or occupancy
beyond boundary line; or to
control the odors by use
of daily cover; or to
immediately cover odorous
waste with minimum six
inches of cover.
7:26-2A.	Failure to control the	$ 3,000	M	30
8(b)31	off-site tracking of mud
and soil.
7:26-2A.	Failure to minimize the	$ 4,500	NM
8(b)32	propagation and harborage
of insects, rodents, and
birds.
7:26-2A.	Failure to protect all	$ 5,000	NM
8(b)33	monitoring devices and
environmental systems from
damage.
7:26-2A.	Failure to have supervisor	$ 5,000	NM
8(b)37	on site in order to ensure
proper operation, evaluate
monitoring data and
inspection reports,
determine performance of
landfill, implement all
operational decisions and
ensure compliance with
N.J.S.A. 13:1E-1 et seq., this
chapter and the SWF Permit.
7:26-2A.	Failure to ensure that	$ 3,000	M	30
8(b)38	landfill personnel complete
a program of on-the-job
training.
7:26-2A.	Failure to ensure that	$ 3,000	M	30
8(b)39	landfill personnel complete
initial training program
within six months after the
date of their employment.
7:26-2A.	Failure to ensure that	$ 3,000	M	30
8(b)40	landfill personnel take
part in annual update of
initial training program.
7:26-2A.	Failure to keep records of	$ 3,000	M	30
8(b)41	training received by
personnel until closure.
7:26-2A.8(c)	Failure to maintain	$ 5,000	NM
environmental control
systems in functioning
manner, or to inspect them.
7:26-2A.	Failure to perform	$ 4,500	NM
8(d)-(e)	inspections required by
N.J.A.C. 7:26-2A.8(c) on a
weekly basis and after
storm events, and comply
with recordkeeping
requirements.
7:26-2A.8(f)	Failure of operator to make	$ 4,500	NM
repairs in accordance with
N.J.A.C. 7:26-2A.8(b)28 and
O & M manual,

4. The violations of N.J.A.C. 7:26-2B, Additional Specific Disposal Regulations For Thermal Destruction Facilities, Transfer Stations, Materials Recovery Facilities, Co-Composting and Mixed Solid Waste Composting Facilities, whether the violation is minor or non-minor, the length of the grace period, and the civil administrative penalty amounts for each violation, are as set forth in the following table.

Grace
Base	Type of	Period
Rule	Rule Summary	Penalty	Violation	(days)
N.J.A.C.
7:26-2B.7(b)	Failure of solid waste	$ 3,000	M	30
composting and
co-composting facility to
comply with quarterly
report requirements.
7:26-2B.7(d)	Failure of solid waste	$ 4,500	NM
composting and
co-composting facility to
comply with training
requirements; Access to
facility prohibited when
facility is closed.
7:26-2B.7(e)	Failure of solid waste	$ 4,500	NM
composting and
co-composting facility to
monitor temperature of
composting materials to
ensure pathogen reduction
criteria are met.
7:26-2B.7(f)	Failure of solid waste	$ 4,500	NM
composting and
co-composting facility to
comply with incoming waste
processing timeframes and
requirements.
7:26-2B.7(g)	Failure of solid waste	$ 4,500	NM
composting and
co-composting facility to
ensure incoming,
unprocessed waste is not
mixed with finished
compost.
7:26-2B.7(h)	Failure of solid waste	$ 3,000	M	30
composting and
co-composting facility to
comply with 15 month
finished compost storage
requirement.
7:26-2B.7(i)	Failure of solid waste	$ 4,500	NM
composting and
co-composting facility to
comply with recordkeeping
requirements.
7:26-2B.	Failure of solid waste	$ 4,500	NM
7(j)-(n)	composting and
co-composting facility to
comply with monitoring and
sampling requirements.
7:26-2B.7(o)	Failure of solid waste	$ 4,500	NM
composting and
co-composting facility to
comply with labeling
requirements.
7:26-2B.7(p)	Failure of solid waste	$ 4,500	NM
composting and
co-composting facility to
comply with USEPA 40 CFR
503 general requirements.
7:26-2B.8(d)	Failure of the owner or	$ 4,500	NM
operator to conduct
inspections as indicated in
the approved final O & M
manual in order to
identify and remedy any
problems and comply with
recordkeeping requirements.
7:26-2B.8(f)	Failure of the owner or	$ 4,500	NM
operator to implement waste
receiving area control
procedures that provide for
the inspection of the
incoming waste stream for
the purpose of removing
nonprocessible or
potentially explosive
materials prior to the
initiation of processing.
7:26-2B.8(g)	Failure, should the	$ 4,500	NM
facility experience
equipment or system
malfunction to the extent
that the waste received
cannot be handled or
processed in the normal
manner, of the operator to
notify the Department of
the existence of such a
situation and circumstances
contributing to the
situation within the same
working day of its
occurrence.
7:26-2B.8(i)	Failure to store	$ 4,500	NM
unprocessed incoming waste,
facility process waste
residues and effluents, and
recovered materials in
bunkers, pits, bins, or
similar containment vessels
and to keep at all times at
levels that prevent
spillage or overflow.
7:26-2B.8(j)	Failure to keep waste	$ 4,500	NM
delivery tipping hall doors
closed during
non-processing or
non-receiving hours.
7:26-2B.8(k)	Failure to schedule the	$ 4,500	NM
delivery of waste to the
facility and the removal of
residues and recovered
products from the site so
as to eliminate traffic
backups and allow for fluid
vehicular movement on site.
7:26-2B.8(l)	Failure to ensure that	$ 5,000	NM
samples and measurements
taken for the purpose of
monitoring facility process
and treatment operations
are representative of the
process or operation and
are performed with the
conditions of the
facility's SWF permit.
7:26-2B.	Failure of the operator to	$ 5,000	NM
8(m)-(r)	comply with waste
determination, waste
analysis and required
recordkeeping.
7:26-2B.8(s)	Failure of the owner or	$ 5,000	NM
operator to have a 24-hour
surveillance system which
continuously monitors and
controls entry to the
facility or an artificial
or natural barrier which
completely surrounds the
facility.
7:26-2B.8(t)	Failure of a facility to	$ 5,000	NM
maintain required personnel,
supervisor, boiler
operator, licensed engineer
to assure the proper and
orderly operation of all
system components, along
with the ability to handle
all routine facility
maintenance requirements.
7:26-2B.8(u)	Failure to ensure that all	$ 3,000	M	30
personnel complete an
initial program of
classroom instruction and
on-the-job training,
training program directed
by a person thoroughly
familiar with the
technology, ensure that
facility personnel respond
to any malfunction or
emergency situation,
complete the initial
training program within six
months, planned annual
review of the initial
training, records document
the type and amount of
training received, kept
until closure, former
employees records kept for
at least one year.

5. The violations of N.J.A.C. 7:26-2D, Requirements On Rail Carriers That Transfer Containerized Or Noncontainerized Solid Waste To Or From Rail, whether the violation is minor or non-minor, the length of the grace period, and the civil administrative penalty amounts for each violation, are as set forth in the following table.

Grace
Base	Type of	Period
Rule	Rule Summary	Penalty	Violation	(days)
N.J.A.C.
7:26-2D.	Failure to ensure	$ 4,500	NM
1(c)2i	putrescible waste does not
remain for more than 72
hours, nonputrescible waste
does not remain for more
than 10 days, and
nonputrescible ID 72 waste
in sealed containers waste
does not remain for more
than 180 days.
7:26-2D.	Failure to contain solid	$ 4,500	NM
1(c)2ii	waste received, stored or
transferred at any facility
in sealed containers that
do not leak any liquids or
solid materials and are not
opened for any purpose at
the facility, except that
an ID 72 liquid solid waste
container may be opened
briefly for the purpose of
sampling the liquid
provided the container is
immediately resealed.
7:26-2D.	Failure to ensure that all	$ 4,500	NM
1(c)2iv	solid waste containers
staged or stored at the
facility are secured at all
times in a manner that
prevents unauthorized
access to the containers
and their contents.
7:26-2D.	Failure to maintain an	$ 4,500	NM
1(c)2v	adequate water supply and
adequate fire-fighting
equipment.
7:26-2D.	Failure to ensure no	$ 4,500	NM
1(c)2vi	queuing or staging of solid
waste vehicles occurs on
public roadway.
7:26-2D.	Failure to ensure queuing	$ 4,500	NM
1(c)2vii	and staging of solid waste
vehicles is conducted to
prevent traffic backups and
related hazards on access
roads servicing facility.
7:26-2D.	Failure to admit only	$ 4,500	NM
1(c)2ix	properly registered solid
waste vehicles.
7:26-2D.	Failure to designate	$ 4,500	NM
1(c)2xii	emergency coordinator who
is available at all times
to handle emergency
situations.
7:26-2D.	Failure to maintain a daily	$ 4,500	NM
1(c)2xiii	record of waste received
and submit quarterly
reports.
7:26-2D.	Failure of facility to have	$ 4,500	NM
1(d)2	tipping floors or ramps
provide proper containment
and channeling of
wastewater to sanitary
sewer connections or
holding tanks and be
constructed of sufficient
strength to withstand
heavy vehicle usage.
7:26-2D.	Failure of operator to	$ 3,000	M	1
1(d)4	clean areas where waste has
been deposited or stored
within each 24-hour period.
7:26-2D.	Failure to ensure any waste	$ 4,500	NM
1(d)5	stored overnight at any
facility is effectively
treated to prevent odors
associated with
putrefaction.
7:26-2D.	Failure to maintain	$ 3,000	M	30
1(d)6	facility property
surrounding the disposal
area free of litter, debris,
unprocessed waste,
processed residues and
effluents.
7:26-2D.	Failure to implement dust	$ 3,000	M	30
1(d)7	control methods in order to
prevent migration outside
the enclosed building and
off-site.
7:26-2D.	Failure to maintain an	$ 4,500	NM
1(d)9	adequate water supply and
adequate fire-fighting
equipment.
7:26-2D.	Failure to control insects,	$ 4,500	NM
1(d)10	other arthropods and
rodents.
7:26-2D.	Failure to operate	$ 3,000	M	30
1(d)11	certified scales for the
reporting requirements of
N.J.A.C. 7:26-2.13 for
waste transported by trucks.
7:26-2D.	Failure to ensure no	$ 4,500	NM
1(d)13	queuing or staging of solid
waste vehicles occurs on
public roadway.
7:26-2D.	Failure to ensure queuing	$ 4,500	NM
1(d)14	and staging of solid waste
vehicles is conducted to
prevent traffic backups and
related hazards on access
roads servicing facility.
7:26-2D.	Failure to admit only	$ 4,500	NM
1(d)16	properly registered solid
waste vehicles.
7:26-2D.	Failure to designate a	$ 4,500	NM
1(d)17	secure area where solid
waste may be unloaded from
vehicles exempt from
registration under N.J.A.C.
7:26-3.3.
7:26-2D.	Failure to establish a	$ 4,500	NM
1(d)18	separate secure area for
the drop-off and/or
transfer of asbestos and
asbestos-containing waste
material (ACWM) or to
comply with additional
requirements for the
handling of asbestos and
ACWM.
7:26-2D.	Failure to ensure that	$ 4,500	NM
1(d)21	nonputrescible solid waste
does not remain at the
rail facility for more than
10 days, except that ID72
liquid solid waste may be
stored for up to 180 days
in sealed containers.
Putrescible solid waste
shall not remain at any
rail facility for greater
than 72 hours.
7:26-2D.	Failure to implement	$ 4,500	NM
1(d)22	effective security
procedures to control
entry and exit at all times.
7:26-2D.	Failure to designate	$ 4,500	NM
1(d)25	emergency coordinator who
is available at all times
to handle emergency
situations.

6. The violations of N.J.A.C. 7:26-3, Transportation, whether the violation is minor or non-minor, the length of the grace period, and the civil administrative penalty amounts for each violation, are as set forth in the following table.

Grace
Base	Type of	Period
Rule	Rule Summary	Penalty	Violation	(days)
N.J.A.C.
7:26-3.2(a)	Failure to obtain an	$ 8,000	NM
approved registration
statement from the
Department prior or to
engaging in the
transportation of solid
waste.
7:26-3.2(a)2	Failure to ensure that any	$ 4,500	NM
device used for the
transportation of solid
waste is registered with
the Department.
7:26-3.2(a)4	Failure of registrant to	$ 5,000	NM
ensure registered vehicles,
cabs, containers, etc. are
not used, controlled or
possessed by any other
person.
7:26-3.2(c)	Failure to comply with any	$ 5,000	NM
conditions or limitations
which may be specified on
the approved registration.
7:26-3.2(d)	Failure of a registrant to	$ 3,000	M	30
submit a transporter
registration renewal
updating information
contained in the previous
registration statement.
7:26-3.2(e)	Failure of registrant to	$ 3,000	M	30
notify the Department
within 30 days of any
change in the registration
statement.
7:26-3.4(b)	Failure to deposit all	$ 5,000	NM
collected solid waste at an
approved facility.
7:26-3.4(c)	Failure to ensure solid	$ 3,000	M	30
waste does not remain or is
stored in any solid waste
vehicle in excess of 24
hours, unless an emergency.
7:26-3.4(d)	Failure to ensure design of	$ 3,000	M	30
solid waste vehicle is
such that it will not cause
spillage onto roadways.
7:26-3.4(e)	Failure to ensure solid	$ 4,500	NM
waste vehicle is not loaded
beyond its design
capacities or in such a
manner that will cause
spillage onto roadways.
7:26-3.4(f)	Failure to keep all solid	$ 3,000	M	1
waste vehicles in good
working condition and to
provide a means of
continuous service in the
event an emergency arises.
7:26-3.4(g)	Failure to protect property	$ 4,500	NM
of customer.
7:26-3.4(h)	Failure to properly mark	$ 3,000	M	30
each solid waste vehicle or
to carry current DEP
registration certificate.
7:26-3.4(i)	Failure to use tarpaulins	$ 4,500	NM
as needed.
7:26-3.4(j)	Failure to access or exit a	$ 3,000	M	1
solid waste facility
pursuant to the district
management plan or SWF
permit.
7:26-3.4(m)	Failure of transporter to	$ 4,500	NM
haul solid waste in
accordance with the Solid
Waste Management Plan
developed by the county or
district of waste origin
pursuant to N.J.A.C. 7:26-6.
7:26-3.5(a)1	Failure to design all solid	$ 4,500	NM
waste vehicles used for
the transportation of
sewage sludge to preclude
any spillage or leakage
onto roadways.
7:26-3.5(a)2	Failure to ensure sewage	$ 5,000	NM
sludge and other fecal
material is not intermixed
with other wastes of a
chemical or industrial
nature.
7:26-3.5(b)	Failure to design all solid	$ 4,500	NM
waste vehicles used for
the transportation of bulky
waste to preclude any
spillage.
7:26-3.5(c)	Failure to ensure	$ 5,000	NM
radioactive material and
lethal chemicals are not
transported in or through
this State without prior
approval from authorities
having jurisdiction, and
from the Department.
7:26-3.5(d)1	Failure to design all solid	$ 4,500	NM
waste vehicles used for
the transportation of
asbestos waste so as to
preclude any spillage
leakage or emissions
therefrom.
7:26-3.5(d)2	Failure to package asbestos	$ 5,000	NM
for transportation in
accordance with 40 CFR 61.
152 and N.J.A.C. 7:26-2.12.
N.J.A.C. 7:26-3.5(d)3	Failure to transport	$ 5,000	NM
asbestos in a manner that
prevents the rupture of
containers in loading,
transporting and unloading
operations.
7:26-3.5(d)4	Failure to transport	$ 5,000	NM
collected asbestos and/or
asbestos containing
material directly from the
point of generation to the
solid waste landfill
permitted to receive such
wastes.
7:26-3.5(d)6	Failure to ensure no	$ 5,000	NM
visible air emissions are
generated during loading,
transporting, or unloading
operations.
7:26-3.5(h)2	Failure of transporter to	$ 3,000	M	1
complete and sign O and D
form prior to prior to
transporting the solid
waste.
7:26-3.6(g)1	Failure to ensure that	$ 4,500	NM
nonputrescible solid waste
does not remain at the
intermodal facility for up
to 10 days, except that
ID72 liquid solid waste
may be stored for up to 180
days in sealed containers.
Putrescible solid waste
shall not remain at any
intermodal facility for
greater than 72 hours.
7:26-3.6(g)2	Failure to contain solid	$ 4,500	NM
waste received, stored or
transferred at any
facility in sealed
containers, registered as
solid waste containers
with the Department in
accordance with N.J.A.C.
7:26-3, that do not leak
any liquids or solid
materials and are not
opened for any purpose at
the facility, except that
an ID 72 liquid solid

7. The violations of N.J.A.C. 7:26-3A, Regulated Medical Waste, whether the violation is minor or non-minor, the length of the grace period, and the civil administrative penalty amounts for each violation, are as set forth in the following table.

Grace
Base	Type of	Period
Rule	Rule Summary	Penalty	Violation	(days)
N.J.A.C.
7:26-3A.8(a)	Failure of a generator of	$ 5,000	NM
RMW to register with the
Department.
7:26-3A.	Failure of a generator of	$ 3,000	M	30
8(a)1	RMW to register in the
proper category.
7:26-3A.	Failure of a commercial	$ 5,000	NM
8(b)1	transporter of RMW to
register with the
Department.
7:26-3A.	Failure of a non-commercial	$ 4,500	NM
8(b)2	transporter of RMW to
register with the
Department.
7:26-3A.8(c)	Failure of commercial	$ 5,000	NM
intermediate handlers and
owner/operators of
destination facilities to
register with the
Department.
7:26-3A.	Failure of a non-commercial	$ 4,500	NM
8(c)3	collection facility or an
intermediate handler
treating their own waste to
register with the
Department.
7:26-3A.	Failure of commercial	$ 5,000	NM
8(d)1	collection facility to
register with the
Department.
7:26-3A.	Failure of a non-commercial	$ 4,500	NM
8(d)5,6	collection facility to
register with the
Department.
7:26-3A.9	Failure of transporters',	$ 3,000	M	30
intermediate handlers' and
destination facilities'
supervisory personnel to
attend an education and
training session and
disseminate information to
employees.
7:26-3A.	Failure of generators of	$ 4,500	NM
10(a)	RMW to segregate for
off-site transport prior
to placement in containers.
7:26-3A.	Failure to handle a package	$ 4,500	NM
10(d)	of RMW mixed with other
waste as RMW.
7:26-3A.11	Failure of a generator to	$ 4,500	NM
ensure that RMW is properly
packaged before
transporting or offering
for transport off site.
7:26-3A.	Failure to comply with RMW	$ 4,500	NM
12(a)	storage requirements.
7:26-3A.	Failure to comply with RMW	$ 3,000	M	30
12(b)	storage periods.
7:26-3A.	Failure to secure sharps	$ 4,500	NM
12(c)	containers.
7:26-3A.	Failure to comply with	$ 4,500	NM
13(a)	container decontamination
and reuse requirements.
7:26-3A.	Failure to comply with	$ 3,000	M	30
14(a)	labeling requirements.
7:26-3A.	Failure to comply with	$ 3,000	M	30
15(a)	marking requirements.
7:26-3A.	Failure to determine if	$ 4,500	NM
16(a)	waste is RMW.
7:26-3A.	Failure to use properly	$ 4,500	NM
16(d)	registered transporters.
7:26-3A.	Failure to dispose of RMW	$ 5,000	NM
16(e)	at an authorized facility.
7:26-3A.	Failure to comply with home	$ 3,000	M	30
16(h)	self-care RMW requirements.
7:26-3A.	Failure to get approval	$ 5,000	NM
16(i)	from the department prior
to using an alternative or
innovative technology for
the treatment or
destruction of RMW.
N.J.A.C. 7:26-3A.19	Failure of a generator to	$ 3,000	M	30
comply with tracking form
requirements.
7:26-3A.21	Failure to comply with	$ 3,000	M	30
generator recordkeeping
requirements.
7:26-3A.22	Failure of generator to	$ 3,000	M	30
comply with exception
reporting requirements.
7:26-3A.25	Failure of generator with	$ 3,000	M	30
on-site incinerator to
comply with recordkeeping
requirements.
7:26-3A.26	Failure of owner/operator	$ 3,000	M	30
of on-site incinerator to
comply with reporting
requirements.
7:26-3A.	Failure of a	$ 4,500	NM
27(i)	transporter/collection
facility to dispose of RMW
stored in the vehicle
within 14 calendar days, or
before it becomes
putrescent.
7:26-3A.28	Failure of a transporter to	$ 4,500	NM
comply with RMW acceptance
requirements.
7:26-3A.	Failure of vehicle to have	$ 4,500	NM
30(a)1	fully enclosed, leak
resistant cargo carrying
body.
7:26-3A.	Failure to ensure RMW does	$ 4,500	NM
30(a)2	not become putrescent and
is not subjected to
mechanical stress or
compaction during loading
and unloading or during
transit.
7:26-3A.	Failure to maintain cargo	$ 4,500	NM
30(a)3	carrying body in good
sanitary condition.
7:26-3A.	Failure to securely lock	$ 5,000	NM
30(a)4	unattended cargo carrying
body.
7:26-3A.	Failure to comply with	$ 3,000	M	30
30(b)	vehicle identification
requirements.
7:26-3A.	Failure to manage RMW/solid	$ 5,000	NM
30(c)	waste mixture as RMW.
7:26-3A.	Failure of transporter to	$ 4,500	NM
31(a)	accepting RMW from a
generator to ensure it is
accompanied by a tracking
form signed by the
generator in accordance
with the provisions of
N.J.A.C. 7:26-3A.19.
7:26-3A.	Failure of transporter to	$ 4,500	NM
31(b)	sign and date tracking form
and provide copy to
generator.
7:26-3A.	Failure of transporter to	$ 4,500	NM
31(c)	ensure tracking form
accompanies RMW while

8. The violations of N.J.A.C. 7:26-6, Solid Waste Planning Regulations, whether the violation is minor or non-minor, the length of the grace period, and the civil administrative penalty amounts for each violation, are as set forth in the following table.

Grace
Base	Type of	Period
Rule	Rule Summary	Penalty	Violation	(days)
N.J.A.C.
N.J.A.C. 7:26-6.12(b)	Failure to comply with the	$ 4,500	NM
applicable district solid
waste management plan.

N.J. Admin. Code § 7:26-5.4

Administrative Correction in (g)7.
See: 23 N.J.R. 3138(a).
Amended by R.1993 d.5, effective 1/4/1993.
See: 23 N.J.R. 3607(a) (see also 24 N.J.R. 2002(a)), 25 N.J.R. 98(a).
Reflects amendments to N.J.A.C. 7:26-7.6 and 9.4.
Amended by R.1996 d.500, effective 10/21/1996.
See: 28 N.J.R. 1693(a), 28 N.J.R. 4606(a).
Amended by R.1996 d.578, effective 12/16/1996.
See: 28 N.J.R. 2114(a), 28 N.J.R. 5248(a).
In (f)1 and (f)2, amended N.J.A.C. references; in (f)4, amended EXAMPLE; in (g), amended N.J.A.C. references; and added (g)1 through (g) 8.
Amended by R.2001 d.86, effective 3/5/2001.
See: 32 N.J.R. 2536(a), 33 N.J.R. 880(a).
In (g)2 table, deleted 7:26-2.13(c)2 and recodified 7:26-2.13(c)3 as 7:26-2.13(c)1; in (g)5 table, added 7:26-3.5(g)2.
Amended by R.2002 d.181, effective 6/17/2002.
See: 33 N.J.R. 4218(a), 34 N.J.R. 2049(a).
In (g)2, amended the penalty table.
Amended by R.2002 d.182, effective 6/17/2002 (operative December 17, 2002).
See: 33 N.J.R. 4273(a), 34 N.J.R. 2088(a).
In (g)8, rewrote the Rule Summary table.
Amended by R.2006 d.343, effective 9/18/2006.
See: 37 N.J.R. 3130(a), 38 N.J.R. 3782(b).
Rewrote (g).
Amended by R.2009 d.52, effective 2/2/2009.
See: 40 N.J.R. 7(a), 41 N.J.R. 742(a).
In the introductory paragraph of (g), deleted "and 7:26A" following "7:26" three times; and deleted (g)9 through (g)14.