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-4.4 - Civil administrative penalty determination
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The Department may assess a civil administrative penalty under this subsection against each violator who refuses, inhibits or prohibits immediate lawful entry and inspection of any premises, building or place by any authorized Department representative. Each day, from the initial day on which the violator refuses, inhibits or prohibits immediate lawful entry and inspection by any authorized Department representative up to and including the day on which the Department receives written notification from the violator that the violator will not refuse, inhibit or prohibit immediate lawful entry and inspection, shall constitute an additional, separate and distinct violation. The Department shall assess the penalty in accordance with (a)1 or 2 below, as applicable, except as adjusted pursuant to (d) below:
(b) The Department may assess a civil administrative penalty under this subsection against each violator who submits inaccurate information or who makes a false statement, representation or certification in any application, record or other document required to be submitted or maintained, or who fails to submit or maintain any application, record, or other document required to be submitted or maintained, or who falsifies, tampers with or renders inaccurate any monitoring device or method required to be maintained under this chapter or any order adopted or issued by the Department pursuant this chapter. Each day, from the day on which the violator submits the inaccurate information or false statement, representation or certification to the Department up to and including the day on which the Department receives a written correction of the inaccurate information or false statement, representation or certification, shall constitute an additional, separate and distinct violation. The Department shall assess the penalty at the midpoint of the range at (b)1 through 3 below, as applicable, except as adjusted pursuant to (d) below:
(c) For each violation of the Act, this chapter, water usage certification, certification condition, or order adopted or issued under this chapter, other than a violation described at (a) or (b) above, the Department may assess a civil administrative penalty under this subsection. The Department shall consider each violation of each provision of this chapter a separate and distinct violation. If the violation is of a continuing nature, each day during which a violation continues shall constitute an additional, separate and distinct violation. The Department shall assess the penalty at the midpoint of the range at (c)1 through 3 below, as applicable, except as adjusted pursuant to (d) below:
(d) The Department may adjust the amount determined pursuant to (a), (b), or (c) above to assess a civil administrative penalty in an amount no greater than the maximum amount nor less than the minimum amount in the ranges described in (a), (b), or (c) above, on the basis of any or a combination of the factors listed in (d)1 through 7 below. No such factor constitutes a defense to any violation: