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-12.8 - Civil administrative penalties for violations of rules adopted pursuant to the Act

1. Failure to prepare a Pollution Prevention Plan as required by N.J.A.C. 7:1K-3.1(a) through (e). The penalty for this violation shall be up to $1,000 for the first offense, up to $2,500 for the second offense, and up to $5,000 for the third offense and each subsequent offense.

2. Failure to prepare a Pollution Prevention Plan as required by N.J.A.C. 7:1K-3.7(a) every five years by July 1 beginning with the fifth year following the initial base year. The penalty for this violation shall be up to $1,000 for the first offense, up to $2,500 for the second offense, and up to $5,000 for the third offense and each subsequent offense.

3. Failure to comply with an administrative order issued pursuant N.J.A.C. 7:1K-12.2, addressing administrative completeness of a Pollution Prevention Plan, Pollution Prevention Plan summary or Pollution Prevention Plan Progress report. The penalty for this violation shall be up to $1,000 for the first offense, up to $5,000 for the second offense, and up to $10,000 for the third and each subsequent offense.

1. Failure to submit a Pollution Prevention Plan Summary as required by N.J.A.C. 7:1K-3.1(a) through (e) by July 1. If the violation is not corrected pursuant to (e) below, the penalty for this violation shall be up to $1,000 for the first offense, up to $2,500 for the second offense, and up to $5,000 for the third and each subsequent offense.

2. Failure to submit a Pollution Prevention Plan Progress Report as required by N.J.A.C. 7:1K-3.1(a) through (e) by July 1. If the violation is not corrected pursuant to (e) below, the penalty for this violation shall be up to $1,000 for the first offense, up to $2,500 for the second offense, and up to $5,000 for the third offense and each subsequent offense.

3. Failure to prepare and submit a Pollution Prevention Plan Summary as required by N.J.A.C. 7:1K-3.7(b) by July 1 beginning with the fifth year following the initial base year. If the violation is not corrected pursuant to (e) below, the penalty for this violation shall be up to $1,000 for the first offense, up to $2,500 for the second offense, and up to $5,000 for the third offense and each subsequent offense.

1. The violation is not the result of the purposeful, knowing, reckless, or criminally negligent conduct of the person responsible for the violation;

2. The activity or condition constituting the violation has existed for less than 12 months prior to the date of discovery by the Department or local government agency; and

3. The person responsible for the violation has not been identified in a previous enforcement action by the Department as responsible for the same or a substantially same violation at the same facility within the preceding 12-month period.

1. The Department shall issue a notice of violation to the person responsible for the minor violation that:

2. If the person responsible for the minor violation corrects that violation and demonstrates, in accordance with (e)3 below, that compliance has been achieved within the specified grace period, the Department shall not impose a penalty for the violation, and in addition shall not consider the violation a first offense for purposes of applying the increased penalties for subsequent violations of the same provision as provided under (c) above.

3. The person responsible for a violation shall submit to the Department, before the end of the specified grace period, written information, signed by the person responsible for the minor violation, detailing the corrective action taken or compliance achieved.

4. If the person responsible for the minor violation seeks additional time beyond the specified grace period to achieve compliance, the person shall request an extension of the specified grace period. The request shall be made in writing no later than one week before the end of the specified grace period and include the anticipated time needed to achieve compliance, the specific cause or causes of the delay, and any measures taken or to be taken to minimize the time needed to achieve compliance. The Department may, at its discretion, approve in writing an extension, which shall not exceed 90 days, to accommodate the anticipated delay in achieving compliance. In exercising its discretion to approve a request for an extension, the Department may consider the following:

5. If the person responsible for the minor violation fails to demonstrate to the Department that the violation has been corrected and compliance achieved within the specified grace period, or within the approved extension, if any, the Department may, in accordance with the provisions of this chapter, impose a penalty that is retroactive to the date the notice of violation under (e)1 above was issued.

6. The person responsible for a minor violation shall not request more than one extension of a grace period specified in a notice of violation.