New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 20 - DAM SAFETY STANDARDS
Subchapter 2 - CIVIL ADMINISTRATIVE PENALTIES; REQUESTS FOR ADJUDICATORY HEARINGS; ACTIONS BY THE DEPARTMENT TO REPAIR AND MITIGATE
Section 7:20-2.3 - Procedures for assessment, settlement and payment of civil administrative penalties for violations
Universal Citation: NJ Admin Code 7:20-2.3
Current through Register Vol. 56, No. 18, September 16, 2024
(a) To assess a civil administrative penalty, the Department shall notify the violator by certified mail (return receipt requested) or personal service. This notice of civil administrative penalty assessment shall:
1. Identify the section
of the Safe Dam Act or the rule, regulation and/or administrative order
violated;
2. State the facts which
constitute the violation;
3. State the
amount of the civil administrative penalty to be imposed and the amount of any other
costs and economic benefit to be imposed; and
4. Advise the violator of the right to request an
adjudicatory hearing under
7:20-2.4.
(b) The violator shall pay a civil administrative penalty immediately upon receipt of the Department's final order in a contested case, or as soon as a notice of civil administrative penalty assessment becomes a final order as follows:
1. If no hearing is
requested pursuant to
7:20-2.4, a notice of civil
administrative penalty assessment becomes a final order on the 21st day after the
violator receives the notice;
2. If the
Department denies a hearing request under
7:20-2.4, a notice of civil
administrative penalty assessment becomes a final order upon the violator's receipt
of the denial; or
3. If the Department
grants the hearing request, a notice of civil administrative penalty assessment
becomes a final order upon issuance of a final order by the Department.
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