New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 1E - DISCHARGES OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES
Subchapter 6 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS
Section 7:1E-6.5 - Civil administrative penalty determination-general

Universal Citation: NJ Admin Code 7:1E-6.5

Current through Register Vol. 56, No. 18, September 16, 2024

(a) For violations other than those set forth in (c) below and 7:1E-6.6 through 6.8, the Department may assess a civil administrative penalty for offenses described in this subchapter within the following ranges:

1. Up to $ 20,000 for the first offense;

2. Up to $ 35,000 for the second offense; and

3. Up to $ 50,000 for the third and each subsequent offense.

(b) The Department may, in its discretion, set the amount determined pursuant to (a) above to assess a civil administrative penalty on the basis of the following factors:

1. The compliance history of the violator;

2. The number, frequency and severity of the offense(s);

3. The measures taken by the violator to mitigate the effects of the current offense and to prevent future offenses;

4. The deterrent effect of the penalty; or

5. Other specific circumstances of the violator or offense.

(c) The Department may assess a civil administrative penalty, pursuant to the Administrative Requirements for the Remediation of Contaminated Sites rules, N.J.A.C. 7:26C-9, for a person's violation of an obligation to cleanup and remove a discharge pursuant to N.J.A.C. 7:1E-5.

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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.