N.J. Admin. Code § 7:30-11.9

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

Section 7:30-11.9 - Civil action

(a) Whenever, on the basis of available information, the Department finds a person in violation of the Act, or any rule promulgated, and any administrative order, permit, license, or other operating authority issued pursuant to the Act, the Department may institute a civil action in Superior Court for appropriate relief. Such relief may include, singly or in combination:

1. A temporary or permanent injunction;

2. Assessment against the violator for the costs of any investigation, inspection, or monitoring survey that led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this section;

3. Assessment against the violator for any costs incurred by the State in removing, correcting, or terminating the adverse effects upon the environment resulting from any unauthorized regulated activity for which legal action under this section may have been brought;

4. Assessment against the violator for compensatory damages for any loss or destruction of wildlife, fish, or aquatic life, plants, and for any other actual damages caused by an unauthorized regulated activity. Assessments under this section shall be paid to the State Treasurer, except that compensatory damages shall be paid by specific order of the court to any persons who have been aggrieved by the unauthorized regulated activity; and/or

5. A requirement that the violator restore or rehabilitate the site of the violation to the maximum extent practicable and feasible, or in the event that restoration of the site of the violation is not practicable and feasible, provide for off-site restoration alternatives as approved by the Department.

N.J. Admin. Code § 7:30-11.9

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