New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 20A - AGRICULTURAL, AQUACULTURAL, AND HORTICULTURAL WATER USAGE CERTIFICATION
Subchapter 4 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS
Section 7:20A-4.2 - Procedures for assessment, settlement and payment of civil administrative penalties for violations
Universal Citation: NJ Admin Code 7:20A-4.2
Current through Register Vol. 56, No. 18, September 16, 2024
(a) To assess a civil administrative penalty under this subchapter, the Department shall notify the violator by certified mail (return receipt requested) or by personal service. This notice of civil administrative penalty assessment (NOCAPA) shall:
1. Identify the section of the statute, rule,
administrative order, or water usage certification or certification condition
violated;
2. Concisely state the alleged
facts which constitute the violation;
3.
Specify the amount of the civil administrative penalty to be imposed; and
4. Advise the violator of the right to request an
adjudicatory hearing pursuant to the procedures in
7:20A-4.3.
(b) Payment of the civil administrative penalty is due upon receipt by the violator of the Department's final order in a contested case, or when a notice of civil administrative penalty assessment becomes a final order, as follows:
1. If no hearing is requested
pursuant to 7:20A-4.3, a notice of civil
administrative penalty assessment becomes a final order and is deemed received on
the 21st day following receipt of the notice of civil administrative penalty
assessment by the violator;
2. If the
Department denies the hearing request pursuant to
7:20A-4.3(b), a notice
of civil administrative penalty assessment becomes a final order and is deemed
received on the 21st day following receipt of the notice of civil administrative
penalty assessment by the violator;
3.
If the Department denies the hearing request pursuant to
7:20A-4.3(c), a notice
of civil administrative penalty assessment becomes a final order upon receipt of
notice of such denial; or
4. If the
Department grants the hearing request, a notice of civil administrative penalty
assessment becomes a final order upon receipt by the violator of a final order in a
contested case.
(c) The Department may settle any civil administrative penalty assessed pursuant to 7:20A-4.4 according to the following factors:
1. Mitigating or extenuating circumstances
not previously considered in the notice of civil administrative penalty assessment
pursuant to 7:20A-4.4(d)7;
2. The timely implementation by the violator of
measures leading to compliance not previously considered in the assessment of
penalties pursuant to
7:20A-4.4(d)5;
and/or
3. Any other terms or conditions
acceptable to the Department.
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