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-6.8 - Civil administrative penalties for violations of rules adopted pursuant to the Act
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Civil administrative penalties for offenses described in (c)2 below shall not be assessed until the time allotted under the applicable schedule for upgrading approved by the Department has expired.
(b) Civil administrative penalties for offenses described in (c)2 below shall apply to major facilities only. All other civil administrative penalties shall apply to all persons.
(c) The Department shall determine the amount of the civil administrative penalty for offenses described in this section on the basis of the provision violated and the frequency of the violation. Violations identified as minor or non-minor in accordance with N.J.S.A. 13:1D-125 et seq. are set forth in this section. The Department will provide a grace period for any violation identified as minor, in accordance with N.J.A.C. 7:1E-6.9. The number of each of the following paragraphs corresponds to the number of the corresponding subchapter in N.J.A.C. 7:1E.
Citation | Minor<3> | Minor Days<4> |
N.J.A.C. 7:1E-1.11(a) | NM |
Base Penalty for each Violation | ||
Gallons | Penalty | |
>0-9 | $ | 500 |
10-55 | $ | 1,000 |
56-499 | $ | 2,000 |
500-999 | $ | 3,000 |
1,000-4,999 | $ | 5,000 |
5,000-9,999 | $ | 7,500 |
10,000-19,999 | $ | 10,000 |
20,000-29,999 | $ | 15,000 |
30,000-39,999 | $ | 20,000 |
40,000-49,999 | $ | 25,000 |
50,000-59,999 | $ | 30,000 |
60,000-69,999 | $ | 35,000 |
70,000-79,999 | $ | 40,000 |
80,000-89,999 | $ | 45,000 |
90,000-99,999 | $ | 50,000 |
100,000-149,999 | $ | 75,000 |
150,000-199,999 | $ | 100,000 |
200,000-299,999 | $ | 200,000 |
300,000-399,999 | $ | 400,000 |
400,000-499,999 | $ | 800,000 |
500,000-599,999 | $ | 1,000,000 |
600,000-699,999 | $ | 2,000,000 |
700,000-799,999 | $ | 3,000,000 |
800,000-899,999 | $ | 4,000,000 |
900,000-999,999 | $ | 5,000,000 |
1,000,000-1,999,999 | $ | 6,000,000 |
2,000,000-2,999,999 | $ | 7,000,000 |
3,000,000-3,999,999 | $ | 8,000,000 |
4,000,000-4,999,999 | $ | 9,000,000 |
5 million or greater | $ | 10,000,000 |
The base penalty shall be reduced or increased by applying the following factors<1>:
Area of Impact:
Into waters of the State | -30% increase from base |
Off the facility but not into waters of the State | -No change from base |
Contained on the facility and not into waters of the state | -30% reduction from base |
Discharge History (Number of discharges not contained on the facility within the previous 12 months):
Five or more discharges | -100% increase from base |
1-4 discharges | -50% increase from base |
Zero discharges | -No change from base |
<1> The penalty for each violation is calculated by summing the base penalty and the resultant percentage of the base penalty for each of the applicable factors.
<2> The column headed Category of Offense" is descriptive in nature and to he used for easy reference only. The rule language cited in the column headed "Citation" shall determine the specific violation.
<3> The column headed "Minor" contains the designation of whether a violation is considered minor or non-minor pursuant to the Compliance Grace Period Law ( P.L. 1995, c.296; N.J.S.A. 13:ID-125 to 133) and will he considered for a grace period in accordance with N.J.A.C. 7:lE-6.9. The designation "M" is for a minor violation, and "NM" is for a non minor violation.
<4> The column headed "Minor Days" establishes, for those violations designated as minor, the number of calendar days the violator will be given to correct the violation and achieve compliance, in accordance with N.J.A.C. 7:1E-6.9.
(d) The Department may modify the amount of a civil administrative penalty under (c) above, based upon any or all of the following: