New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 26 - SOLID WASTE
Subchapter 5 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS
Section 7:26-5.4 - Civil administrative penalties for violation of rules adopted pursuant to the Act
Universal Citation: NJ Admin Code 7:26-5.4
Current through Register Vol. 56, No. 6, March 18, 2024
(a) The Department may assess a civil administrative penalty pursuant to this section of not more than $ 50,000 for each violation of each requirement of any rule listed in N.J.A.C. 7:26-5.4(g).
(b) Each violation of a rule listed in N.J.A.C. 7:26-5.4(g) shall constitute an additional, separate and distinct violation.
(c) Each day during which a violation continues shall constitute an additional, separate and distinct violation.
(d) For each parameter that is required to be monitored, sampled or reported, the failure to so monitor, sample or report shall constitute an additional, separate and distinct violation.
(e) Where any requirement of any rule listed in N.J.A.C. 7:26-5.4(g) may pertain to more than one act, condition, occurrence, item, unit, waste or parameter, the failure to comply with such requirement as it pertains to each such act, condition, occurrence, item, unit, waste or parameter shall constitute an additional, separate and distinct violation.
(f) The Department shall determine the amount of a civil administrative penalty for each violation of any rule listed in (g) below on the basis of the provision violated, according to the following procedure. For a violation of a requirement or condition of an administrative order, permit, license or other operating authority, the Department may in its sole discretion identify the corresponding requirement of any rule summary listed in (g) below and determine the amount of the civil administrative penalty on the basis of the rule provision violated.
1. Identify the rule violated as listed in N.J.A.C. 7:26-5.4(g)1 through 8A;
2. Identify the corresponding base penalty dollar amount for the rule violated as listed in N.J.A.C. 7:26-5.4(g)1 through 8A;
3. Multiply the base penalty dollar amount times the following multipliers for each factor to obtain the severity penalty component, as applicable:
4. To obtain the civil administrative penalty, add all of the severity penalty components pursuant to (f)3 above, to the base penalty. If the sum total exceeds $ 50,000, then the civil administrative penalty shall be $ 50,000.
| EXAMPLE: |
| Base penalty (for violation of N.J.A.C. 7:26-2.12(f) | = | $ 1,000 |
| Subparagraph (f)3iii applies: 0.50x1000 | ||
| = | 500 | |
| Subparagraph (f)3iv applies: 0.25x1000 | ||
| = | + 250 | |
| Civil administrative penalty | $ 1,750 |
5. For the purpose of this section, violation of the "same rule" means violation of the same specific requirement of a rule. Where a rule has a list of specific requirements, the same item on the list must be violated to be considered violation of the "same rule.
(g) The Rule Summary in this subsection, which summarizes certain provisions in N.J.A.C. 7:26, is provided for informational purposes only. In the event that there is a conflict between the rule summary in this subsection and a provision in N.J.A.C. 7:26, then the provision in N.J.A.C. 7:26 shall prevail.
1. The violations of N.J.A.C. 7:26-1, General Provisions, whether the violation is minor or non-minor, the length of the grace period, and the civil administrative penalty amounts for each violation, are as set forth in the following table.
| Grace | ||||
| Base | Type of | Period | ||
| Rule | Rule Summary | Penalty | Violation | (days) |
| N.J.A.C. | ||||
| 7:26-1.7(b) | Failure of owner or | $ 3,000 | M | 30 |
| operator of any facility | ||||
| exempted under N.J.A.C. | ||||
| 7:26-1.7 to comply with all | ||||
| conditions set forth in its | ||||
| certificate of authority | ||||
| to operate. |
2. The violations of N.J.A.C. 7:26-2, Disposal, whether the violation is minor or non-minor, the length of the grace period, and the civil administrative penalty amounts for each violation, are as set forth in the following table.
| Grace | ||||
| Base | Type of | Period | ||
| Rule | Rule Summary | Penalty | Violation | (days) |
| N.J.A.C. | ||||
| 7:26-2.7(b)1 | Failure of permittee to | $ 3,000 | M | 30 |
| apply for a permit renewal | ||||
| at least 90 days prior to | ||||
| the expiration date of the | ||||
| existing SWF permit. | ||||
| 7:26-2.8(b) | Failure of permittee to | $ 3,000 | M | 30 |
| submit a statement updating | ||||
| the information contained | ||||
| in the initial registration | ||||
| statement. | ||||
| 7:26-2.8(c) | Failure of permittee to | $ 3,000 | M | 30 |
| notify the Department | ||||
| within 30 days of any | ||||
| change of information in | ||||
| the registration statement. | ||||
| 7:26-2.8(e) | Failure to apply and | $ 4,500 | NM | |
| receive approval of a SWF | ||||
| permit prior to engaging | ||||
| in the disposal of solid | ||||
| waste in this State | ||||
| 7:26-2.8(f) | Failing to obtain a SWF | $ 4,500 | NM | |
| permit prior to | ||||
| constructing or operating | ||||
| a solid waste facility. | ||||
| 7:26-2.8(j) | Failure to meet all | $ 3,000 | M | 30 |
| conditions, restrictions, | ||||
| requirements or any other | ||||
| provision set forth in SWF | ||||
| permit. | ||||
| 7:26-2.8(k) | Failure to receive | $ 3,000 | M | 30 |
| Department approval prior | ||||
| to modifying, revising or | ||||
| otherwise changing a permit | ||||
| condition. | ||||
| 7:26-2.8(l) | Failure to receive | $ 5,000 | NM | |
| Department approval prior | ||||
| to transferring ownership | ||||
| of a SWF permit. | ||||
| 7:26-2. | Failure of operator to | $ 3,000 | M | 1 |
| 11(b)1 | clean areas where waste has | |||
| been deposited or stored | ||||
| within each 24 hour period, | ||||
| for sanitary landfills all | ||||
| areas where waste has been | ||||
| deposited shall be covered. | ||||
| 7:26-2. | Failure to ensure any waste | $ 3,000 | M | 30 |
| 11(b)2 | stored overnight at any | |||
| facility is effectively | ||||
| treated to prevent odors | ||||
| associated with | ||||
| putrefaction. | ||||
| 7:26-2. | Failure to maintain | $ 3,000 | M | 30 |
| 11(b)3 | facility property | |||
| surrounding the disposal | ||||
| area free of litter, debris, | ||||
| unprocessed waste, | ||||
| processed residues and | ||||
| effluents. | ||||
| 7:26-2. | Failure to implement dust | $ 3,000 | M | 30 |
| 11(b)4 | control methods. | |||
| 7:26-2. | Failure to ensure no odors | $ 4,500 | NM | |
| 11(b)5 | of sufficient strength and | |||
| duration to be injurious to | ||||
| human health or | ||||
| unreasonably interfere with | ||||
| the enjoyment of life or | ||||
| property are detected | ||||
| off-site. | ||||
| 7:26-2. | Failure to maintain all | $ 4,500 | NM | |
| 11(b)6 | facility systems in a | |||
| manner that facilitates | ||||
| proper operation and | ||||
| minimizes system downtime. | ||||
| 7:26-2. | Failure to maintain an | $ 5,000 | NM | |
| 11(b)7 | adequate water supply and | |||
| adequate fire-fighting | ||||
| equipment. | ||||
| 7:26-2. | Failure to control insects, | $ 4,500 | NM | |
| 11(b)8 | other arthropods and | |||
| rodents. | ||||
| 7:26-2. | Failure to comply at all | $ 3,000 | M | 30 |
| 11(b)9 | times with the conditions | |||
| of SWF permit. | ||||
| 7:26.2. | Failing to ensure waste is | $ 4,500 | NM | |
| 11(b)10 | not received in excess to | |||
| the system's designed | ||||
| capacity. | ||||
| 7:26-2. | Failure to operate the | $ 3,000 | M | 30 |
| 11(b)11 | facility in a manner that | |||
| employs the use of | ||||
| equipment and other | ||||
| techniques as identified in | ||||
| the facility's SWF permit. | ||||
| 7:26-2. | Failure to maintain an | $ 3,000 | M | 30 |
| 11(b)12 | approved O and M manual at | |||
| the facility, changes to | ||||
| be submitted, at a minimum, | ||||
| on an annual basis | ||||
| 7:26-2. | Failure to admit only | $ 4,500 | NM | |
| 11(c)1 | properly registered solid | |||
| waste vehicles for loading | ||||
| or unloading of any solid | ||||
| waste. | ||||
| 7:26-2. | Failure to designate a | $ 4,500 | NM | |
| 11(c)2 | secure area where solid | |||
| waste may be unloaded from | ||||
| vehicles exempt from | ||||
| registration under N.J.A.C. | ||||
| 7:26-3.3. | ||||
| 7:26-2. | Failure to designate a | $ 4,500 | NM | |
| 11(c)3 | secure area where | |||
| unpermitted waste can be | ||||
| deposited. | ||||
| 7:26-2. | Failure to maintain a | $ 5,000 | NM | |
| 11(c)4 | record of the quantity of | |||
| each waste type accepted | ||||
| for disposal. | ||||
| 7:26-2. | Failure to provide a means | $ 3,000 | M | 30 |
| 11(c)5 | of cleaning vehicle tires | |||
| of debris. | ||||
| 7:26-2.12(b) | Failure of generators of | $ 4,500 | NM | |
| asbestos containing waste | ||||
| materials to submit a | ||||
| complete written | ||||
| notification of intent to | ||||
| demolish, 10 days prior to | ||||
| beginning the demolition | ||||
| activity. | ||||
| 7:26-2.12(c) | Failure of generators of | $ 4,500 | NM | |
| asbestos containing waste | ||||
| material to submit a | ||||
| complete written | ||||
| notification of intent to | ||||
| renovate, 10 days prior to | ||||
| beginning the renovation | ||||
| activity. | ||||
| 7:26-2. | Failure to maintain a daily | $ 3,000 | M | B30 |
| 13(a)1-6 | record of waste received. | |||
| 7:26-2. | Failure to maintain a daily | $ 3,000 | M | 30 |
| 13(a)7 | record of asbestos waste | |||
| and make appropriate | ||||
| submittals. | ||||
| 7:26-2. | Failure to install or | $ 3,000 | M | 30 |
| 13(a)8 | operate scales or keep | |||
| records. | ||||
| 7:26-2. | Failure of facility | $ 4,500 | NM | |
| 13(c)1 | operator to verify that the | |||
| O and D form has been | ||||
| completed by a registered | ||||
| transporter and that the | ||||
| waste identified by the | ||||
| transporter may be disposed | ||||
| at the facility in | ||||
| compliance with district | ||||
| solid waste management plan | ||||
| and facility's | ||||
| registration. |
3. The violations of N.J.A.C. 7:26-2A, Additional Specific Disposal Regulations for Sanitary Landfills, whether the violation is minor or non-minor, the length of the grace period, and the civil administrative penalty amounts for each violation, are as set forth in the following table.
| Grace | ||||
| Base | Type of | Period | ||
| Rule | Rule Summary | Penalty | Violation | (days) |
| N.J.A.C. | ||||
| 7:26-2A. | Failure to confine working | $ 4,500 | NM | |
| 8(b)1 | face to the smallest | |||
| practical area. | ||||
| 7:26-2A. | Failure to compact waste to | $ 3,000 | M | 30 |
| 8(b)2 | yield smallest volume. | |||
| 7:26-2A. | Failure to compact waste in | $ 4,500 | NM | |
| 8(b)3 | shallow layers; or | |||
| compacting waste over | ||||
| leachate collection pipes | ||||
| per N.J.A.C. 7:26-2A. | ||||
| 7(d)3xiv. | ||||
| 7:26-2A. | Failure to ensure lift | $ 4,500 | NM | |
| 8(b)4 | height of daily cell does | |||
| not exceed 12 feet. | ||||
| 7:26-2A. | Failure to ensure slope is | $ 4,500 | NM | |
| 8(b)5 | no steeper than 3:1. | |||
| Failure of balefill | ||||
| operations to comply with | ||||
| working face requirements. | ||||
| 7:26-2A. | Failure to obtain | $ 3,000 | M | 30 |
| 8(b)6 | department approval of | |||
| separate areas for storage | ||||
| of demolition waste or | ||||
| recyclable materials. | ||||
| 7:26-2A. | Failure to cover exposed | $ 4,500 | NM | |
| 8(b)7 | surfaces of solid waste at | |||
| close of each operating day | ||||
| with daily cover. | ||||
| 7:26-2A. | Failure to progressively | $ 4,500 | NM | |
| 8(b)8 | apply daily cover. | |||
| 7:26-2A. | Failure to apply | $ 4,500 | NM | |
| 8(b)9 | intermediate cover (a | |||
| minimum of 12 inches of | ||||
| earth) to surfaces exposed | ||||
| more than 24 hours. | ||||
| 7:26-2A. | Failure to maintain grade, | $ 4,500 | NM | |
| 8(b)10 | thickness and integrity of | |||
| intermediate and final | ||||
| cover. | ||||
| 7:26-2A. | Failure to grade areas with | $ 4,500 | NM | |
| 8(b)11 | intermediate cover to | |||
| facilitate drainage. | ||||
| 7:26-2A. | Failure to use appropriate | $ 4,500 | NM | |
| 8(b)12 | daily and intermediate | |||
| cover materials; not | ||||
| maintaining sufficient | ||||
| quantity of cover at site; | ||||
| not maintaining standby | ||||
| supply of cover within | ||||
| boundaries. | ||||
| 7:26-2A. | Failure to construct final | $ 4,500 | NM | |
| 8(b)13 | cover in accordance with N. | |||
| J.A.C. 7:26-2A.7(i) and to | ||||
| apply it to all surfaces. | ||||
| 7:26-2A. | Failure to maintain | $ 4,500 | NM | |
| 8(b)20 | sufficient types and | |||
| quantities of equipment to | ||||
| adequately meet the | ||||
| requirements of N.J.A.C. | ||||
| 7:26-2A.8(b)7 through 10. | ||||
| 7:26-2A. | Failure to maintain steel | $ 3,000 | M | 30 |
| 8(b)21 | wheel type compactors of at | |||
| least 45,000 pounds. | ||||
| 7:26-2A. | Failure to equip landfill | $ 5,000 | NM | |
| 8(b)22 | equipment with safety | |||
| devices. | ||||
| 7:26-2A. | Failure, in the case of | $ 4,500 | NM | |
| 8(b)23 | breakdown of equipment, to | |||
| repair or obtain | ||||
| replacement within 24 | ||||
| hours; or to include a | ||||
| maintenance contract in O | ||||
| & M plan. | ||||
| 7:26-2A. | Failure to limit access for | $ 4,500 | NM | |
| 8(b)24 | disposal to operating | |||
| hours only. | ||||
| 7:26-2A. | Failure to secure landfill | $ 4,500 | NM | |
| 8(b)25 | with a six-foot high chain | |||
| link fence. | ||||
| 7:26-2A. | Failure to maintain all | $ 4,500 | NM | |
| 8(b)27 | weather road to working | |||
| face. | ||||
| 7:26-2A. | Failure to control litter. | $ 3,000 | M | 30 |
| 8(b)28 | ||||
| 7:26-2A. | Failure to control dust by | $ 3,000 | M | 1 |
| 8(b)29 | spraying water or | |||
| equivalent. | ||||
| 7:26-2A. | Failure to eliminate | $ 4,500 | NM | |
| 8(b)30 | emissions which result in | |||
| odors detectable in areas | ||||
| of human use or occupancy | ||||
| beyond boundary line; or to | ||||
| control the odors by use | ||||
| of daily cover; or to | ||||
| immediately cover odorous | ||||
| waste with minimum six | ||||
| inches of cover. | ||||
| 7:26-2A. | Failure to control the | $ 3,000 | M | 30 |
| 8(b)31 | off-site tracking of mud | |||
| and soil. | ||||
| 7:26-2A. | Failure to minimize the | $ 4,500 | NM | |
| 8(b)32 | propagation and harborage | |||
| of insects, rodents, and | ||||
| birds. | ||||
| 7:26-2A. | Failure to protect all | $ 5,000 | NM | |
| 8(b)33 | monitoring devices and | |||
| environmental systems from | ||||
| damage. | ||||
| 7:26-2A. | Failure to have supervisor | $ 5,000 | NM | |
| 8(b)37 | on site in order to ensure | |||
| proper operation, evaluate | ||||
| monitoring data and | ||||
| inspection reports, | ||||
| determine performance of | ||||
| landfill, implement all | ||||
| operational decisions and | ||||
| ensure compliance with | ||||
| N.J.S.A. 13:1E-1 et seq., this | ||||
| chapter and the SWF Permit. | ||||
| 7:26-2A. | Failure to ensure that | $ 3,000 | M | 30 |
| 8(b)38 | landfill personnel complete | |||
| a program of on-the-job | ||||
| training. | ||||
| 7:26-2A. | Failure to ensure that | $ 3,000 | M | 30 |
| 8(b)39 | landfill personnel complete | |||
| initial training program | ||||
| within six months after the | ||||
| date of their employment. | ||||
| 7:26-2A. | Failure to ensure that | $ 3,000 | M | 30 |
| 8(b)40 | landfill personnel take | |||
| part in annual update of | ||||
| initial training program. | ||||
| 7:26-2A. | Failure to keep records of | $ 3,000 | M | 30 |
| 8(b)41 | training received by | |||
| personnel until closure. | ||||
| 7:26-2A.8(c) | Failure to maintain | $ 5,000 | NM | |
| environmental control | ||||
| systems in functioning | ||||
| manner, or to inspect them. | ||||
| 7:26-2A. | Failure to perform | $ 4,500 | NM | |
| 8(d)-(e) | inspections required by | |||
| N.J.A.C. 7:26-2A.8(c) on a | ||||
| weekly basis and after | ||||
| storm events, and comply | ||||
| with recordkeeping | ||||
| requirements. | ||||
| 7:26-2A.8(f) | Failure of operator to make | $ 4,500 | NM | |
| repairs in accordance with | ||||
| N.J.A.C. 7:26-2A.8(b)28 and | ||||
| O & M manual, |
4. The violations of N.J.A.C. 7:26-2B, Additional Specific Disposal Regulations For Thermal Destruction Facilities, Transfer Stations, Materials Recovery Facilities, Co-Composting and Mixed Solid Waste Composting Facilities, whether the violation is minor or non-minor, the length of the grace period, and the civil administrative penalty amounts for each violation, are as set forth in the following table.
| Grace | ||||
| Base | Type of | Period | ||
| Rule | Rule Summary | Penalty | Violation | (days) |
| N.J.A.C. | ||||
| 7:26-2B.7(b) | Failure of solid waste | $ 3,000 | M | 30 |
| composting and | ||||
| co-composting facility to | ||||
| comply with quarterly | ||||
| report requirements. | ||||
| 7:26-2B.7(d) | Failure of solid waste | $ 4,500 | NM | |
| composting and | ||||
| co-composting facility to | ||||
| comply with training | ||||
| requirements; Access to | ||||
| facility prohibited when | ||||
| facility is closed. | ||||
| 7:26-2B.7(e) | Failure of solid waste | $ 4,500 | NM | |
| composting and | ||||
| co-composting facility to | ||||
| monitor temperature of | ||||
| composting materials to | ||||
| ensure pathogen reduction | ||||
| criteria are met. | ||||
| 7:26-2B.7(f) | Failure of solid waste | $ 4,500 | NM | |
| composting and | ||||
| co-composting facility to | ||||
| comply with incoming waste | ||||
| processing timeframes and | ||||
| requirements. | ||||
| 7:26-2B.7(g) | Failure of solid waste | $ 4,500 | NM | |
| composting and | ||||
| co-composting facility to | ||||
| ensure incoming, | ||||
| unprocessed waste is not | ||||
| mixed with finished | ||||
| compost. | ||||
| 7:26-2B.7(h) | Failure of solid waste | $ 3,000 | M | 30 |
| composting and | ||||
| co-composting facility to | ||||
| comply with 15 month | ||||
| finished compost storage | ||||
| requirement. | ||||
| 7:26-2B.7(i) | Failure of solid waste | $ 4,500 | NM | |
| composting and | ||||
| co-composting facility to | ||||
| comply with recordkeeping | ||||
| requirements. | ||||
| 7:26-2B. | Failure of solid waste | $ 4,500 | NM | |
| 7(j)-(n) | composting and | |||
| co-composting facility to | ||||
| comply with monitoring and | ||||
| sampling requirements. | ||||
| 7:26-2B.7(o) | Failure of solid waste | $ 4,500 | NM | |
| composting and | ||||
| co-composting facility to | ||||
| comply with labeling | ||||
| requirements. | ||||
| 7:26-2B.7(p) | Failure of solid waste | $ 4,500 | NM | |
| composting and | ||||
| co-composting facility to | ||||
| comply with USEPA 40 CFR | ||||
| 503 general requirements. | ||||
| 7:26-2B.8(d) | Failure of the owner or | $ 4,500 | NM | |
| operator to conduct | ||||
| inspections as indicated in | ||||
| the approved final O & M | ||||
| manual in order to | ||||
| identify and remedy any | ||||
| problems and comply with | ||||
| recordkeeping requirements. | ||||
| 7:26-2B.8(f) | Failure of the owner or | $ 4,500 | NM | |
| operator to implement waste | ||||
| receiving area control | ||||
| procedures that provide for | ||||
| the inspection of the | ||||
| incoming waste stream for | ||||
| the purpose of removing | ||||
| nonprocessible or | ||||
| potentially explosive | ||||
| materials prior to the | ||||
| initiation of processing. | ||||
| 7:26-2B.8(g) | Failure, should the | $ 4,500 | NM | |
| facility experience | ||||
| equipment or system | ||||
| malfunction to the extent | ||||
| that the waste received | ||||
| cannot be handled or | ||||
| processed in the normal | ||||
| manner, of the operator to | ||||
| notify the Department of | ||||
| the existence of such a | ||||
| situation and circumstances | ||||
| contributing to the | ||||
| situation within the same | ||||
| working day of its | ||||
| occurrence. | ||||
| 7:26-2B.8(i) | Failure to store | $ 4,500 | NM | |
| unprocessed incoming waste, | ||||
| facility process waste | ||||
| residues and effluents, and | ||||
| recovered materials in | ||||
| bunkers, pits, bins, or | ||||
| similar containment vessels | ||||
| and to keep at all times at | ||||
| levels that prevent | ||||
| spillage or overflow. | ||||
| 7:26-2B.8(j) | Failure to keep waste | $ 4,500 | NM | |
| delivery tipping hall doors | ||||
| closed during | ||||
| non-processing or | ||||
| non-receiving hours. | ||||
| 7:26-2B.8(k) | Failure to schedule the | $ 4,500 | NM | |
| delivery of waste to the | ||||
| facility and the removal of | ||||
| residues and recovered | ||||
| products from the site so | ||||
| as to eliminate traffic | ||||
| backups and allow for fluid | ||||
| vehicular movement on site. | ||||
| 7:26-2B.8(l) | Failure to ensure that | $ 5,000 | NM | |
| samples and measurements | ||||
| taken for the purpose of | ||||
| monitoring facility process | ||||
| and treatment operations | ||||
| are representative of the | ||||
| process or operation and | ||||
| are performed with the | ||||
| conditions of the | ||||
| facility's SWF permit. | ||||
| 7:26-2B. | Failure of the operator to | $ 5,000 | NM | |
| 8(m)-(r) | comply with waste | |||
| determination, waste | ||||
| analysis and required | ||||
| recordkeeping. | ||||
| 7:26-2B.8(s) | Failure of the owner or | $ 5,000 | NM | |
| operator to have a 24-hour | ||||
| surveillance system which | ||||
| continuously monitors and | ||||
| controls entry to the | ||||
| facility or an artificial | ||||
| or natural barrier which | ||||
| completely surrounds the | ||||
| facility. | ||||
| 7:26-2B.8(t) | Failure of a facility to | $ 5,000 | NM | |
| maintain required personnel, | ||||
| supervisor, boiler | ||||
| operator, licensed engineer | ||||
| to assure the proper and | ||||
| orderly operation of all | ||||
| system components, along | ||||
| with the ability to handle | ||||
| all routine facility | ||||
| maintenance requirements. | ||||
| 7:26-2B.8(u) | Failure to ensure that all | $ 3,000 | M | 30 |
| personnel complete an | ||||
| initial program of | ||||
| classroom instruction and | ||||
| on-the-job training, | ||||
| training program directed | ||||
| by a person thoroughly | ||||
| familiar with the | ||||
| technology, ensure that | ||||
| facility personnel respond | ||||
| to any malfunction or | ||||
| emergency situation, | ||||
| complete the initial | ||||
| training program within six | ||||
| months, planned annual | ||||
| review of the initial | ||||
| training, records document | ||||
| the type and amount of | ||||
| training received, kept | ||||
| until closure, former | ||||
| employees records kept for | ||||
| at least one year. |
5. The violations of N.J.A.C. 7:26-2D, Requirements On Rail Carriers That Transfer Containerized Or Noncontainerized Solid Waste To Or From Rail, whether the violation is minor or non-minor, the length of the grace period, and the civil administrative penalty amounts for each violation, are as set forth in the following table.
| Grace | ||||
| Base | Type of | Period | ||
| Rule | Rule Summary | Penalty | Violation | (days) |
| N.J.A.C. | ||||
| 7:26-2D. | Failure to ensure | $ 4,500 | NM | |
| 1(c)2i | putrescible waste does not | |||
| remain for more than 72 | ||||
| hours, nonputrescible waste | ||||
| does not remain for more | ||||
| than 10 days, and | ||||
| nonputrescible ID 72 waste | ||||
| in sealed containers waste | ||||
| does not remain for more | ||||
| than 180 days. | ||||
| 7:26-2D. | Failure to contain solid | $ 4,500 | NM | |
| 1(c)2ii | waste received, stored or | |||
| transferred at any facility | ||||
| in sealed containers that | ||||
| do not leak any liquids or | ||||
| solid materials and are not | ||||
| opened for any purpose at | ||||
| the facility, except that | ||||
| an ID 72 liquid solid waste | ||||
| container may be opened | ||||
| briefly for the purpose of | ||||
| sampling the liquid | ||||
| provided the container is | ||||
| immediately resealed. | ||||
| 7:26-2D. | Failure to ensure that all | $ 4,500 | NM | |
| 1(c)2iv | solid waste containers | |||
| staged or stored at the | ||||
| facility are secured at all | ||||
| times in a manner that | ||||
| prevents unauthorized | ||||
| access to the containers | ||||
| and their contents. | ||||
| 7:26-2D. | Failure to maintain an | $ 4,500 | NM | |
| 1(c)2v | adequate water supply and | |||
| adequate fire-fighting | ||||
| equipment. | ||||
| 7:26-2D. | Failure to ensure no | $ 4,500 | NM | |
| 1(c)2vi | queuing or staging of solid | |||
| waste vehicles occurs on | ||||
| public roadway. | ||||
| 7:26-2D. | Failure to ensure queuing | $ 4,500 | NM | |
| 1(c)2vii | and staging of solid waste | |||
| vehicles is conducted to | ||||
| prevent traffic backups and | ||||
| related hazards on access | ||||
| roads servicing facility. | ||||
| 7:26-2D. | Failure to admit only | $ 4,500 | NM | |
| 1(c)2ix | properly registered solid | |||
| waste vehicles. | ||||
| 7:26-2D. | Failure to designate | $ 4,500 | NM | |
| 1(c)2xii | emergency coordinator who | |||
| is available at all times | ||||
| to handle emergency | ||||
| situations. | ||||
| 7:26-2D. | Failure to maintain a daily | $ 4,500 | NM | |
| 1(c)2xiii | record of waste received | |||
| and submit quarterly | ||||
| reports. | ||||
| 7:26-2D. | Failure of facility to have | $ 4,500 | NM | |
| 1(d)2 | tipping floors or ramps | |||
| provide proper containment | ||||
| and channeling of | ||||
| wastewater to sanitary | ||||
| sewer connections or | ||||
| holding tanks and be | ||||
| constructed of sufficient | ||||
| strength to withstand | ||||
| heavy vehicle usage. | ||||
| 7:26-2D. | Failure of operator to | $ 3,000 | M | 1 |
| 1(d)4 | clean areas where waste has | |||
| been deposited or stored | ||||
| within each 24-hour period. | ||||
| 7:26-2D. | Failure to ensure any waste | $ 4,500 | NM | |
| 1(d)5 | stored overnight at any | |||
| facility is effectively | ||||
| treated to prevent odors | ||||
| associated with | ||||
| putrefaction. | ||||
| 7:26-2D. | Failure to maintain | $ 3,000 | M | 30 |
| 1(d)6 | facility property | |||
| surrounding the disposal | ||||
| area free of litter, debris, | ||||
| unprocessed waste, | ||||
| processed residues and | ||||
| effluents. | ||||
| 7:26-2D. | Failure to implement dust | $ 3,000 | M | 30 |
| 1(d)7 | control methods in order to | |||
| prevent migration outside | ||||
| the enclosed building and | ||||
| off-site. | ||||
| 7:26-2D. | Failure to maintain an | $ 4,500 | NM | |
| 1(d)9 | adequate water supply and | |||
| adequate fire-fighting | ||||
| equipment. | ||||
| 7:26-2D. | Failure to control insects, | $ 4,500 | NM | |
| 1(d)10 | other arthropods and | |||
| rodents. | ||||
| 7:26-2D. | Failure to operate | $ 3,000 | M | 30 |
| 1(d)11 | certified scales for the | |||
| reporting requirements of | ||||
| N.J.A.C. 7:26-2.13 for | ||||
| waste transported by trucks. | ||||
| 7:26-2D. | Failure to ensure no | $ 4,500 | NM | |
| 1(d)13 | queuing or staging of solid | |||
| waste vehicles occurs on | ||||
| public roadway. | ||||
| 7:26-2D. | Failure to ensure queuing | $ 4,500 | NM | |
| 1(d)14 | and staging of solid waste | |||
| vehicles is conducted to | ||||
| prevent traffic backups and | ||||
| related hazards on access | ||||
| roads servicing facility. | ||||
| 7:26-2D. | Failure to admit only | $ 4,500 | NM | |
| 1(d)16 | properly registered solid | |||
| waste vehicles. | ||||
| 7:26-2D. | Failure to designate a | $ 4,500 | NM | |
| 1(d)17 | secure area where solid | |||
| waste may be unloaded from | ||||
| vehicles exempt from | ||||
| registration under N.J.A.C. | ||||
| 7:26-3.3. | ||||
| 7:26-2D. | Failure to establish a | $ 4,500 | NM | |
| 1(d)18 | separate secure area for | |||
| the drop-off and/or | ||||
| transfer of asbestos and | ||||
| asbestos-containing waste | ||||
| material (ACWM) or to | ||||
| comply with additional | ||||
| requirements for the | ||||
| handling of asbestos and | ||||
| ACWM. | ||||
| 7:26-2D. | Failure to ensure that | $ 4,500 | NM | |
| 1(d)21 | nonputrescible solid waste | |||
| does not remain at the | ||||
| rail facility for more than | ||||
| 10 days, except that ID72 | ||||
| liquid solid waste may be | ||||
| stored for up to 180 days | ||||
| in sealed containers. | ||||
| Putrescible solid waste | ||||
| shall not remain at any | ||||
| rail facility for greater | ||||
| than 72 hours. | ||||
| 7:26-2D. | Failure to implement | $ 4,500 | NM | |
| 1(d)22 | effective security | |||
| procedures to control | ||||
| entry and exit at all times. | ||||
| 7:26-2D. | Failure to designate | $ 4,500 | NM | |
| 1(d)25 | emergency coordinator who | |||
| is available at all times | ||||
| to handle emergency | ||||
| situations. |
6. The violations of N.J.A.C. 7:26-3, Transportation, whether the violation is minor or non-minor, the length of the grace period, and the civil administrative penalty amounts for each violation, are as set forth in the following table.
| Grace | ||||
| Base | Type of | Period | ||
| Rule | Rule Summary | Penalty | Violation | (days) |
| N.J.A.C. | ||||
| 7:26-3.2(a) | Failure to obtain an | $ 8,000 | NM | |
| approved registration | ||||
| statement from the | ||||
| Department prior or to | ||||
| engaging in the | ||||
| transportation of solid | ||||
| waste. | ||||
| 7:26-3.2(a)2 | Failure to ensure that any | $ 4,500 | NM | |
| device used for the | ||||
| transportation of solid | ||||
| waste is registered with | ||||
| the Department. | ||||
| 7:26-3.2(a)4 | Failure of registrant to | $ 5,000 | NM | |
| ensure registered vehicles, | ||||
| cabs, containers, etc. are | ||||
| not used, controlled or | ||||
| possessed by any other | ||||
| person. | ||||
| 7:26-3.2(c) | Failure to comply with any | $ 5,000 | NM | |
| conditions or limitations | ||||
| which may be specified on | ||||
| the approved registration. | ||||
| 7:26-3.2(d) | Failure of a registrant to | $ 3,000 | M | 30 |
| submit a transporter | ||||
| registration renewal | ||||
| updating information | ||||
| contained in the previous | ||||
| registration statement. | ||||
| 7:26-3.2(e) | Failure of registrant to | $ 3,000 | M | 30 |
| notify the Department | ||||
| within 30 days of any | ||||
| change in the registration | ||||
| statement. | ||||
| 7:26-3.4(b) | Failure to deposit all | $ 5,000 | NM | |
| collected solid waste at an | ||||
| approved facility. | ||||
| 7:26-3.4(c) | Failure to ensure solid | $ 3,000 | M | 30 |
| waste does not remain or is | ||||
| stored in any solid waste | ||||
| vehicle in excess of 24 | ||||
| hours, unless an emergency. | ||||
| 7:26-3.4(d) | Failure to ensure design of | $ 3,000 | M | 30 |
| solid waste vehicle is | ||||
| such that it will not cause | ||||
| spillage onto roadways. | ||||
| 7:26-3.4(e) | Failure to ensure solid | $ 4,500 | NM | |
| waste vehicle is not loaded | ||||
| beyond its design | ||||
| capacities or in such a | ||||
| manner that will cause | ||||
| spillage onto roadways. | ||||
| 7:26-3.4(f) | Failure to keep all solid | $ 3,000 | M | 1 |
| waste vehicles in good | ||||
| working condition and to | ||||
| provide a means of | ||||
| continuous service in the | ||||
| event an emergency arises. | ||||
| 7:26-3.4(g) | Failure to protect property | $ 4,500 | NM | |
| of customer. | ||||
| 7:26-3.4(h) | Failure to properly mark | $ 3,000 | M | 30 |
| each solid waste vehicle or | ||||
| to carry current DEP | ||||
| registration certificate. | ||||
| 7:26-3.4(i) | Failure to use tarpaulins | $ 4,500 | NM | |
| as needed. | ||||
| 7:26-3.4(j) | Failure to access or exit a | $ 3,000 | M | 1 |
| solid waste facility | ||||
| pursuant to the district | ||||
| management plan or SWF | ||||
| permit. | ||||
| 7:26-3.4(m) | Failure of transporter to | $ 4,500 | NM | |
| haul solid waste in | ||||
| accordance with the Solid | ||||
| Waste Management Plan | ||||
| developed by the county or | ||||
| district of waste origin | ||||
| pursuant to N.J.A.C. 7:26-6. | ||||
| 7:26-3.5(a)1 | Failure to design all solid | $ 4,500 | NM | |
| waste vehicles used for | ||||
| the transportation of | ||||
| sewage sludge to preclude | ||||
| any spillage or leakage | ||||
| onto roadways. | ||||
| 7:26-3.5(a)2 | Failure to ensure sewage | $ 5,000 | NM | |
| sludge and other fecal | ||||
| material is not intermixed | ||||
| with other wastes of a | ||||
| chemical or industrial | ||||
| nature. | ||||
| 7:26-3.5(b) | Failure to design all solid | $ 4,500 | NM | |
| waste vehicles used for | ||||
| the transportation of bulky | ||||
| waste to preclude any | ||||
| spillage. | ||||
| 7:26-3.5(c) | Failure to ensure | $ 5,000 | NM | |
| radioactive material and | ||||
| lethal chemicals are not | ||||
| transported in or through | ||||
| this State without prior | ||||
| approval from authorities | ||||
| having jurisdiction, and | ||||
| from the Department. | ||||
| 7:26-3.5(d)1 | Failure to design all solid | $ 4,500 | NM | |
| waste vehicles used for | ||||
| the transportation of | ||||
| asbestos waste so as to | ||||
| preclude any spillage | ||||
| leakage or emissions | ||||
| therefrom. | ||||
| 7:26-3.5(d)2 | Failure to package asbestos | $ 5,000 | NM | |
| for transportation in | ||||
| accordance with 40 CFR 61. | ||||
| 152 and N.J.A.C. 7:26-2.12. | ||||
| N.J.A.C. 7:26-3.5(d)3 | Failure to transport | $ 5,000 | NM | |
| asbestos in a manner that | ||||
| prevents the rupture of | ||||
| containers in loading, | ||||
| transporting and unloading | ||||
| operations. | ||||
| 7:26-3.5(d)4 | Failure to transport | $ 5,000 | NM | |
| collected asbestos and/or | ||||
| asbestos containing | ||||
| material directly from the | ||||
| point of generation to the | ||||
| solid waste landfill | ||||
| permitted to receive such | ||||
| wastes. | ||||
| 7:26-3.5(d)6 | Failure to ensure no | $ 5,000 | NM | |
| visible air emissions are | ||||
| generated during loading, | ||||
| transporting, or unloading | ||||
| operations. | ||||
| 7:26-3.5(h)2 | Failure of transporter to | $ 3,000 | M | 1 |
| complete and sign O and D | ||||
| form prior to prior to | ||||
| transporting the solid | ||||
| waste. | ||||
| 7:26-3.6(g)1 | Failure to ensure that | $ 4,500 | NM | |
| nonputrescible solid waste | ||||
| does not remain at the | ||||
| intermodal facility for up | ||||
| to 10 days, except that | ||||
| ID72 liquid solid waste | ||||
| may be stored for up to 180 | ||||
| days in sealed containers. | ||||
| Putrescible solid waste | ||||
| shall not remain at any | ||||
| intermodal facility for | ||||
| greater than 72 hours. | ||||
| 7:26-3.6(g)2 | Failure to contain solid | $ 4,500 | NM | |
| waste received, stored or | ||||
| transferred at any | ||||
| facility in sealed | ||||
| containers, registered as | ||||
| solid waste containers | ||||
| with the Department in | ||||
| accordance with N.J.A.C. | ||||
| 7:26-3, that do not leak | ||||
| any liquids or solid | ||||
| materials and are not | ||||
| opened for any purpose at | ||||
| the facility, except that | ||||
| an ID 72 liquid solid |
7. The violations of N.J.A.C. 7:26-3A, Regulated Medical Waste, whether the violation is minor or non-minor, the length of the grace period, and the civil administrative penalty amounts for each violation, are as set forth in the following table.
| Grace | ||||
| Base | Type of | Period | ||
| Rule | Rule Summary | Penalty | Violation | (days) |
| N.J.A.C. | ||||
| 7:26-3A.8(a) | Failure of a generator of | $ 5,000 | NM | |
| RMW to register with the | ||||
| Department. | ||||
| 7:26-3A. | Failure of a generator of | $ 3,000 | M | 30 |
| 8(a)1 | RMW to register in the | |||
| proper category. | ||||
| 7:26-3A. | Failure of a commercial | $ 5,000 | NM | |
| 8(b)1 | transporter of RMW to | |||
| register with the | ||||
| Department. | ||||
| 7:26-3A. | Failure of a non-commercial | $ 4,500 | NM | |
| 8(b)2 | transporter of RMW to | |||
| register with the | ||||
| Department. | ||||
| 7:26-3A.8(c) | Failure of commercial | $ 5,000 | NM | |
| intermediate handlers and | ||||
| owner/operators of | ||||
| destination facilities to | ||||
| register with the | ||||
| Department. | ||||
| 7:26-3A. | Failure of a non-commercial | $ 4,500 | NM | |
| 8(c)3 | collection facility or an | |||
| intermediate handler | ||||
| treating their own waste to | ||||
| register with the | ||||
| Department. | ||||
| 7:26-3A. | Failure of commercial | $ 5,000 | NM | |
| 8(d)1 | collection facility to | |||
| register with the | ||||
| Department. | ||||
| 7:26-3A. | Failure of a non-commercial | $ 4,500 | NM | |
| 8(d)5,6 | collection facility to | |||
| register with the | ||||
| Department. | ||||
| 7:26-3A.9 | Failure of transporters', | $ 3,000 | M | 30 |
| intermediate handlers' and | ||||
| destination facilities' | ||||
| supervisory personnel to | ||||
| attend an education and | ||||
| training session and | ||||
| disseminate information to | ||||
| employees. | ||||
| 7:26-3A. | Failure of generators of | $ 4,500 | NM | |
| 10(a) | RMW to segregate for | |||
| off-site transport prior | ||||
| to placement in containers. | ||||
| 7:26-3A. | Failure to handle a package | $ 4,500 | NM | |
| 10(d) | of RMW mixed with other | |||
| waste as RMW. | ||||
| 7:26-3A.11 | Failure of a generator to | $ 4,500 | NM | |
| ensure that RMW is properly | ||||
| packaged before | ||||
| transporting or offering | ||||
| for transport off site. | ||||
| 7:26-3A. | Failure to comply with RMW | $ 4,500 | NM | |
| 12(a) | storage requirements. | |||
| 7:26-3A. | Failure to comply with RMW | $ 3,000 | M | 30 |
| 12(b) | storage periods. | |||
| 7:26-3A. | Failure to secure sharps | $ 4,500 | NM | |
| 12(c) | containers. | |||
| 7:26-3A. | Failure to comply with | $ 4,500 | NM | |
| 13(a) | container decontamination | |||
| and reuse requirements. | ||||
| 7:26-3A. | Failure to comply with | $ 3,000 | M | 30 |
| 14(a) | labeling requirements. | |||
| 7:26-3A. | Failure to comply with | $ 3,000 | M | 30 |
| 15(a) | marking requirements. | |||
| 7:26-3A. | Failure to determine if | $ 4,500 | NM | |
| 16(a) | waste is RMW. | |||
| 7:26-3A. | Failure to use properly | $ 4,500 | NM | |
| 16(d) | registered transporters. | |||
| 7:26-3A. | Failure to dispose of RMW | $ 5,000 | NM | |
| 16(e) | at an authorized facility. | |||
| 7:26-3A. | Failure to comply with home | $ 3,000 | M | 30 |
| 16(h) | self-care RMW requirements. | |||
| 7:26-3A. | Failure to get approval | $ 5,000 | NM | |
| 16(i) | from the department prior | |||
| to using an alternative or | ||||
| innovative technology for | ||||
| the treatment or | ||||
| destruction of RMW. | ||||
| N.J.A.C. 7:26-3A.19 | Failure of a generator to | $ 3,000 | M | 30 |
| comply with tracking form | ||||
| requirements. | ||||
| 7:26-3A.21 | Failure to comply with | $ 3,000 | M | 30 |
| generator recordkeeping | ||||
| requirements. | ||||
| 7:26-3A.22 | Failure of generator to | $ 3,000 | M | 30 |
| comply with exception | ||||
| reporting requirements. | ||||
| 7:26-3A.25 | Failure of generator with | $ 3,000 | M | 30 |
| on-site incinerator to | ||||
| comply with recordkeeping | ||||
| requirements. | ||||
| 7:26-3A.26 | Failure of owner/operator | $ 3,000 | M | 30 |
| of on-site incinerator to | ||||
| comply with reporting | ||||
| requirements. | ||||
| 7:26-3A. | Failure of a | $ 4,500 | NM | |
| 27(i) | transporter/collection | |||
| facility to dispose of RMW | ||||
| stored in the vehicle | ||||
| within 14 calendar days, or | ||||
| before it becomes | ||||
| putrescent. | ||||
| 7:26-3A.28 | Failure of a transporter to | $ 4,500 | NM | |
| comply with RMW acceptance | ||||
| requirements. | ||||
| 7:26-3A. | Failure of vehicle to have | $ 4,500 | NM | |
| 30(a)1 | fully enclosed, leak | |||
| resistant cargo carrying | ||||
| body. | ||||
| 7:26-3A. | Failure to ensure RMW does | $ 4,500 | NM | |
| 30(a)2 | not become putrescent and | |||
| is not subjected to | ||||
| mechanical stress or | ||||
| compaction during loading | ||||
| and unloading or during | ||||
| transit. | ||||
| 7:26-3A. | Failure to maintain cargo | $ 4,500 | NM | |
| 30(a)3 | carrying body in good | |||
| sanitary condition. | ||||
| 7:26-3A. | Failure to securely lock | $ 5,000 | NM | |
| 30(a)4 | unattended cargo carrying | |||
| body. | ||||
| 7:26-3A. | Failure to comply with | $ 3,000 | M | 30 |
| 30(b) | vehicle identification | |||
| requirements. | ||||
| 7:26-3A. | Failure to manage RMW/solid | $ 5,000 | NM | |
| 30(c) | waste mixture as RMW. | |||
| 7:26-3A. | Failure of transporter to | $ 4,500 | NM | |
| 31(a) | accepting RMW from a | |||
| generator to ensure it is | ||||
| accompanied by a tracking | ||||
| form signed by the | ||||
| generator in accordance | ||||
| with the provisions of | ||||
| N.J.A.C. 7:26-3A.19. | ||||
| 7:26-3A. | Failure of transporter to | $ 4,500 | NM | |
| 31(b) | sign and date tracking form | |||
| and provide copy to | ||||
| generator. | ||||
| 7:26-3A. | Failure of transporter to | $ 4,500 | NM | |
| 31(c) | ensure tracking form | |||
| accompanies RMW while |
8. The violations of N.J.A.C. 7:26-6, Solid Waste Planning Regulations, whether the violation is minor or non-minor, the length of the grace period, and the civil administrative penalty amounts for each violation, are as set forth in the following table.
| Grace | ||||
| Base | Type of | Period | ||
| Rule | Rule Summary | Penalty | Violation | (days) |
| N.J.A.C. | ||||
| N.J.A.C. 7:26-6.12(b) | Failure to comply with the | $ 4,500 | NM | |
| applicable district solid | ||||
| waste management plan. |
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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