New Jersey Administrative Code
Title 14 - PUBLIC UTILITIES
Chapter 5 - ELECTRIC SERVICE
Subchapter 9 - ELECTRIC UTILITY LINE VEGETATION MANAGEMENT
Section 14:5-9.12 - Penalties

Universal Citation: NJ Admin Code 14:5-9.12

Current through Register Vol. 56, No. 6, March 18, 2024

(a) Failure to comply with any provision of this subchapter shall subject the violator to penalties in accordance with the Board's regulatory and statutory authority.

(b) An EDC that violates this subchapter may be subject to monetary penalties for each day the violation occurs. The Board shall notify the EDC of the violation(s) in writing. Upon receipt of the written notice of violation, the EDC shall have five business days to correct the violation(s). Any failure to correct the violation shall subject the EDC to penalties as determined by the Board per day for each violation, calculated from the day such written notice was received by the EDC and up to the maximum penalty permitted by law.

(c) Penalties imposed under this subchapter are in addition to, not a replacement for, other fines and/or penalties that apply under Federal and State laws and regulations.

(d) In determining the appropriate sanction for a violation of this subchapter, the Board shall consider the following criteria, and any other factors deemed appropriate and material to the electric public utility's failure to comply:

1. The good faith efforts, if any, of the entity charged in attempting to achieve compliance;

2. The gravity of the violation or the failure to comply;

3. The number of past violations by the entity charged, including violations of this subchapter as well as of other standards adopted by the Board;

4. The appropriateness of the penalty to the size of the company charged;

5. Events judged to be beyond the violator's control; and

6. Good faith efforts on the part of the EDC to resolve any violations of the requirements contained in this subchapter.

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