New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM
Subchapter 19 - PRETREATMENT PROGRAM REQUIREMENTS FOR LOCAL AGENCIES
Section 7:14A-19.5 - Enforcement requirements in an industrial pretreatment program

Universal Citation: NJ Admin Code 7:14A-19.5

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

(a) All delegated local agencies shall, at a minimum, include in their sewer use ordinance or rules and regulations the following enforcement and penalty provisions:

1. The ability to issue an order in accordance with N.J.S.A. 58:10A-10a(1);

2. The ability to bring a civil action, including injunctive relief, in accordance with N.J.S.A. 58:10A-10a(2) and N.J.S.A. 58:11-55(b);

3. The ability to petition the county prosecutor or Attorney General to bring a criminal action in accordance with N.J.S.A. 58:10A-6.i. and 58:10A-10a(5);

4. The ability to issue a civil administrative penalty in accordance with N.J.S.A 58:10A-10.5;

5. The ability to bring an action for a civil penalty in accordance with N.J.S.A. 58:10A-10a(4);

6. The ability to issue a summons in accordance with N.J.S.A. 58:10A-10.4;

7. The ability to assess a penalty for each violation that causes a violator to be, or continue to be, a significant noncomplier as defined at N.J.A.C. 7:14-8.2;

8. The ability to assess a penalty for each serious violation as defined at N.J.A.C. 7:14-8.2;

9. The ability to assess a penalty in accordance with N.J.A.C. 7:14-8.16;

10. The ability to assess a penalty for submitting inaccurate or false information in accordance with N.J.A.C. 7:14-8.6; and

11. The ability to assess a penalty for failure to properly conduct monitoring or sampling activities or to submit discharge monitoring reports/self-monitoring reports, or other pretreatment monitoring reports in accordance with N.J.A.C. 7:14-8.9(c), (d) and (e).

(b) All delegated local agencies shall include in their sewer use ordinance or rules and regulations procedural and substantive requirements regarding:

1. Notice of a penalty assessment and notice of the opportunity to request an administrative hearing on the assessment of a civil administrative penalty in accordance with N.J.S.A. 58:10A-10.5 and N.J.A.C. 7:14-8.4;

2. Opportunity to file exceptions, objections, and replies to the head of the delegated local agency in accordance with N.J.S.A. 58:10A-10.6;

3. Issuance of a final decision or order in accordance with N.J.S.A. 58:10A-10.6 and 10.7;

4. Appeal of a civil administrative penalty, the payment of interest, the collection of the civil administrative penalty and other procedures in accordance with N.J.S.A. 58:10A-10.8; and

5. Civil administrative penalty settlement restrictions in accordance with N.J.A.C. 7:14-8.3(e).

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