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-6.6 - Civil administrative penalty for submitting inaccurate or false information

Universal Citation: NJ Admin Code 7:1E-6.6

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

(a) The Department may assess a civil administrative penalty against each violator who submits inaccurate information or who makes a false statement, representation, or certification in any DPCC plan, DCR plan, registration, record, or other document submitted or maintained, or who falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained under the Act or any rule, regulation, plan, order or directive pursuant thereto.

(b) Each time the violator submits inaccurate or false information to the Department shall be an additional, separate, and distinct offense.

(c) Each day from the day that the violator knew or had reason to know that he or she had submitted inaccurate or false information to the Department until the day of receipt by the Department of a written correction by the violator shall be an additional, separate and distinct offense.

(d) The Department shall determine the amount of the civil administrative penalty for offenses described in this section based on the conduct of the violator as follows:

1. For each intentional, deliberate, purposeful, knowing or willful act or omission by the violator, the civil administrative penalty, for each act or omission, is up to $ 20,000 for the first offense, up to $ 40,000 for the second offense, and up to $ 50,000 for the third and each subsequent offense; and

2. For all other conduct, the civil administrative penalty, for each act or omission, is up to $ 1,000 for the first offense, up to $ 2,000 for the second offense, and up to $ 5,000 for the third and each subsequent offense.

(e) A violation under this section is non-minor and therefore not subject to a grace period.

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