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).
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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