N.J. Admin. Code § 7:30-11.3

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

Section 7:30-11.3 - Civil administrative penalty

(a) Whenever, on the basis of available information, the Department finds a person in violation of any provision of the Act, or in violation of any rule promulgated, any administrative order, permit, license, or other operating authority issued pursuant to the Act, 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. 7:30-11.8. The amount of the civil administrative penalty for a violation of the Act shall be determined pursuant to N.J.A.C. 7:30-11.6, 11.7, and 11.8.

(b) To assess a civil administrative penalty, the Department shall notify the violator by certified mail (return receipt requested) or by personal service. This notice of civil administrative penalty assessment shall:

1. Identify each section of the applicable law violated;

2. Concisely state the facts alleged to constitute the violation;

3. Specify the amount of the civil administrative penalty; and

4. Advise the violator of the right to request an adjudicatory hearing under N.J.A.C. 7:30-11.4.

(c) The violator shall pay a civil administrative penalty immediately upon receipt of the Department's final order in a contested case, or as soon as a notice of civil administrative penalty assessment becomes a final order, as follows:

1. If no hearing is requested pursuant to N.J.A.C. 7:30-11.4, a notice of civil administrative penalty assessment becomes a final order on the 36th day after the violator receives the notice of civil administrative penalty assessment.

2. If the Department denies a hearing request pursuant to N.J.A.C. 7:30-11.4(c) or (d), a notice of civil administrative penalty assessment becomes a final order upon the violator's receipt of the denial.

3. If the Department grants a hearing, a notice of civil administrative penalty assessment becomes a final order upon the violator's receipt of a final order in the contested case.

(d) The Department may, in its discretion, settle any civil administrative penalty assessed pursuant to this subchapter, based on an evaluation of the following factors:

1. Mitigating or extenuating circumstances not previously considered in the assessment of penalties;

2. The violator's timely implementation of measures leading to compliance, which measures were not previously considered in the assessment of penalties, including measures to clean up, reverse, or repair environmental damage caused by the violation, or to remove the violation; or

3. Any other terms or conditions acceptable to the Department.

N.J. Admin. Code § 7:30-11.3

Adopted by 52 N.J.R. 756(a), effective 4/6/2020