New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 1K - POLLUTION PREVENTION PROGRAM RULES
Subchapter 12 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS
Section 7:1K-12.4 - Civil administrative penalty determination-general

Universal Citation: NJ Admin Code 7:1K-12.4

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

(a) The Department may assess a civil administrative penalty of not more than $ 5,000 for the first offense, not more than $ 10,000 for the second offense and not more than $ 15,000 for the third and each subsequent offense against each violator for each violation of the Act.

(b) Each violation of the Act constitutes a distinct and separate offense.

(c) Each day during which a violation continues constitutes an additional, separate, and distinct offense.

(d) The Department may, in its discretion, assess a civil administrative penalty on the basis of one or more 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 or remediate the effects of the current offense or to prevent future offenses;

4. The deterrent effect of the penalty; or

5. Other specific mitigating or extenuating circumstances of the violator or offense.

(e) Notwithstanding the provisions of 7:1K-12.5 through 12.7, the Department may compromise the amount of a civil administrative penalty assessed under this subchapter on the basis of one or more 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 or remediate the effects of the current offense and to prevent future offenses; or

4. Other mitigating or extenuating circumstances of the violator or the offense, documented in a manner acceptable to the Department;

5. Any other terms or conditions acceptable to the Commissioner.

(f) The Department may, in its discretion, treat an offense as a first offense solely for civil administrative penalty determination purposes, if the violator has not committed the same offense in the five years immediately preceding the date of the pending offense.

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