Current through Register Vol. 56, No. 18, September 16, 2024
(a) To assess a civil
administrative penalty under the Water Supply Management Act,
58:1A-1 et seq., the Department shall
notify the violator by certified mail (return receipt requested) or by personal
service. This notice of civil administrative penalty assessment (NOCAPA) shall:
1. Identify the section of the statute, rule,
administrative order or permit violated;
2. Concisely state the alleged facts which
constitute the violation;
3. Specify the
amount of the civil administrative penalty to be imposed; and
4. Advise the violator of the right to request an
adjudicatory hearing pursuant to the procedures in
7:19-18.3.
(b) Payment of the civil administrative penalty is
due upon receipt by the violator of the Department's final order in a contested
case, or when a notice of civil administrative penalty assessment becomes a final
order, as follows:
1. If no hearing is requested
pursuant to 7:19-18.3, a notice of civil
administrative penalty assessment becomes a final order and is deemed received on
the 21st day following receipt of the notice of civil administrative penalty
assessment by the violator;
2. If the
Department denies the hearing request pursuant to
7:19-18.3(b), a notice
of civil administrative penalty assessment becomes a final order and is deemed
received on the 21st day following receipt of the notice of civil administrative
penalty assessment by the violator;
3.
If the Department denies the hearing request pursuant to
7:19-18.3(c), a notice
of civil administrative penalty assessment becomes a final order upon receipt of
notice of such denial; or
4. If the
Department grants the hearing request, a notice of civil administrative penalty
assessment becomes a final order upon receipt by the violator of a final order in a
contested case.
(c) The
Department may, in its discretion, settle any civil administrative penalty assessed
pursuant to 7:19-18.4, 18.5 or 18.6 according to the
following factors:
1. Mitigating or extenuating
circumstances not previously considered in the notice of civil administrative
penalty assessment pursuant to
7:19-18.4(d)7, 18.5(c)6
or 18.6(d)6;
2. The timely
implementation by the violator of measures leading to compliance not previously
considered in the assessment of penalties pursuant to
7:19-18.4(d)5, 18.5(c)5
or 18.6(d)5;
3. The full payment by the
violator of a specified part of the civil administrative penalty assessed if made
within a time period established by the Department in an administrative order and/or
a notice of civil administrative penalty assessment and provided that the violator
waives the right to request an adjudicatory hearing on the civil administrative
penalty; and/or
4. Any other terms or
conditions acceptable to the Department.
