Current through Register Vol. 56, No. 24, December 18, 2024
(a) To
assess a civil administrative penalty under the Water Supply Management Act,
N.J.S.A. 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
N.J.A.C.
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
N.J.A.C.
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
N.J.A.C.
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
N.J.A.C.
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
N.J.A.C.
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
N.J.A.C.
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
N.J.A.C.
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.
