New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 26A - RECYCLING RULES
Subchapter 9 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS
Section 7:26A-9.4 - Civil administrative penalties for violation of rules adopted pursuant to the Act
Universal Citation: NJ Admin Code 7:26A-9.4
Current through Register Vol. 56, No. 18, September 16, 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 7:26A-9.4(g).
(b) Each violation of a rule listed in 7:26A-9.4(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 7:26A-9.4(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 procedure in (f)1 through 5 below. 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 (g)1 through 8 below;
2. Identify the corresponding base penalty dollar amount for the rule violated as listed in (g)1 through 8 below;
3. Multiply the base penalty dollar amount times the following multipliers for each factor to obtain the severity penalty component, as applicable:
| Severity Factor | Multiplier |
| i. Violator had violated the same | 1.00 |
| rule less than 12 months prior to the | |
| violation | |
| ii. Violator had violated a different | 0.50 |
| rule less than 12 months prior to the | |
| violation | |
| iii. Violator had violated the same | 0.50 |
| rule during the period which began 24 | |
| months prior to the violation and | |
| ended 12 months prior to the violation | |
| iv. Violator had violated a different | 0.25 |
| rule during the period which began 24 | |
| months prior to the violation and | |
| ended 12 months prior to the violation |
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 7:26A-3.1(a) = $ 3,000 |
| Subparagraph (f)3iii applies: 0.50 x 3000 = 1500 |
| Subparagraph (f)3iv applies: 0.25 x 3000 = + 750 |
| Civil administrative penalty $5,250 |
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. 7:26A, 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. 7:26A, then the provisions in N.J.A.C. 7:26A shall prevail.
1. The violations of N.J.A.C. 7:26A-3, Approval of Recycling Centers for Class B, Class C and Class D Recyclable Materials, whether the type of violation is minor (M) or non-minor (NM), the applicable grace period if the violation is minor, and the civil administrative base penalty for each violation, are as set forth in the following table.
| Rule | Rule Summary | Base | Type of | Grace |
|---|---|---|---|---|
| ---- | ----------- | Penalty | Violation | Period |
| ------ | -------- | (days) | ||
| ------- | ||||
| N.J.A.C. | ||||
| 7:26A-3.1(a) | Failure of approved recycling | $3,000 | M | 30 |
| center to comply with all approval | ||||
| conditions. | ||||
| 7:26A-3.5(f) | Failure of recycling center to | $3,000 | M | 30 |
| post a legible sign at the | ||||
| recycling center entrance | ||||
| indicating its approval and listing | ||||
| items detailed in N.J.A.C. | ||||
| 7:26A-3.2(A)13 i and ii | ||||
| 7:26A-3.6 | Failure to submit renewal | $3,000 | M | 30 |
| application for a general approval | ||||
| to the Department at least three | ||||
| months prior to the current | ||||
| approval expiration and to comply | ||||
| with all submittal requirements. | ||||
| 7:26A-3.7(j) | Failure, within 45 days after | $3,000 | M | 30 |
| expiration of the time period | ||||
| authorized by the limited approval | ||||
| to operate a recycling facility, to | ||||
| file a final report with the | ||||
| Department. | ||||
| 7:26A-3.7(k) | Failure of persons operating a | $4,500 | NM | |
| limited approved recycling center | ||||
| to ensure that no illegal dumping | ||||
| occurs. | ||||
| 7:26A-3.8(a) | Failure to limit processing method | $4,500 | NM | |
| for tires to slicing, shredding, | ||||
| chipping, crumbing or other method | ||||
| approved by the Department, | ||||
| prohibition to incinerating, | ||||
| landfilling, abandoning or | ||||
| otherwise illegally disposing of | ||||
| tires. | ||||
| 7:26A-3.8(b) | Failure by the owner or operator | $4,500 | NM | |
| of a tire recycling center to | ||||
| ensure that no mosquito colony | ||||
| formation develops. | ||||
| 7:26A-3.8(c) | Failure of a tire, tree stump, | $5,000 | NM | |
| tree part or wood waste recycling | ||||
| center to have an approved fire | ||||
| control plan. | ||||
| 7:26A-3.9(a) | Failure of recycling center to | $4,500 | NM | |
| ensure the temporary storage of | ||||
| Class B recyclable material does | ||||
| not exceed the amount indicated in | ||||
| the general or limited approval to | ||||
| operate. | ||||
| 7:26A-3.9(b) | Failure of recycling center to | $4,500 | NM | |
| ensure that unprocessed Class B | ||||
| recyclable material is not stored | ||||
| in excess of one year from the date | ||||
| of receipt. | ||||
| 7:26A-3.10 | Failure of holder of a general or | $3,000 | M | 30 |
| limited approval to comply with | ||||
| modification requirements. | ||||
| 7:26A-3.15(a) | Failure to ensure a general or | $5,000 | NM | |
| limited approval to operate a | ||||
| recycling center is not transferred | ||||
| without prior approval of the | ||||
| Department. | ||||
| 7:26A-3.15(c) | Failure to provide one copy of | $3,000 | M | 30 |
| written request to transfer | ||||
| approval to the recycling | ||||
| coordinator and one copy to the | ||||
| the municipal clerk of the | ||||
| applicable municipality. | ||||
| 7:26A-3.17(a) | Failure of holder of a general | $3,000 | M | 30 |
| approval to comply with | ||||
| recordkeeping and annual reporting | ||||
| requirements. |
2. The violations of N.J.A.C. 7:26A-4, Operational Standards and General Rules for Recycling Centers which Receive, Store, Process or Transfer Class A, Class B, Class C and Class D Recyclable Materials, Right of Entry and Inspection, the type of violation as minor (M) or non-minor (NM), the applicable grace period if the violation is minor, and the civil administrative base penalty 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. | ||||
| 7:26A-4.1(a)1 i | Failure of recycling center to | $3,000 | M | 30 |
| ensure that recyclable | ||||
| material is separated at the | ||||
| point of generation from | ||||
| other waste material. | ||||
| 7:26A-4.1(a)1 ii | Failure of recycling center | $4,500 | NM | |
| to ensure only Class A, Class | ||||
| B or Class C or Class D | ||||
| materials are received, | ||||
| stored, processed or | ||||
| transferred at the center. | ||||
| 7:26A-4.1(a)1 iii | Failure of recycling center | $3,000 | M | 30 |
| to comply with commingling | ||||
| requirements. | ||||
| 7:26A-4.1(a)2 | Failure of recycling center | $4,500 | NM | |
| to ensure residue is not | ||||
| stored on-site in excess of | ||||
| six months. | ||||
| 7:26A-4.1(a)4 | Failure of recycling center | $4,500 | NM | |
| to store residue separately | ||||
| from recyclable material and | ||||
| in a manner which prevents | ||||
| run-off, leakage or seepage | ||||
| from the residue storage area | ||||
| into, on or around the soil | ||||
| of the residue storage area. | ||||
| 7:26A-4.1(a)5 | Failure of recycling center to | $5,000 | NM | |
| ensure hazardous wastes are | ||||
| not stored, processed or | ||||
| transferred at any recycling | ||||
| center. | ||||
| 7:26A-4.1(a)6 | Failure of recycling center | $5,000 | NM | |
| to ensure electronic | ||||
| components which contain | ||||
| polychlorinated biphenyls | ||||
| (PVBs) and which are attached | ||||
| to or detached from | ||||
| appliances or other scrap | ||||
| metal,are not shredded, | ||||
| sheared or baled. | ||||
| 7:26A-4.1(a)8 | Failure to operate a recycling | $3,000 | M | 30 |
| center in such a manner that | ||||
| the recycling center property | ||||
| is maintained free of litter | ||||
| and debris and such that | ||||
| tracking of mud into nearby | ||||
| streets is prevented. | ||||
| 7:26A-4.1(a)10 | Failure of recycling center | $4,500 | NM | |
| operator to ensure that | ||||
| traffic is associated with the | ||||
| operation of the center does | ||||
| not result in a degradation of | ||||
| a level of service of any | ||||
| major intersection or public | ||||
| roadway within a half-mile | ||||
| radius. | ||||
| 7:26A-4.1(a)11 | Failure of recycling center | $3,000 | M | 30 |
| operator to ensure recycling | ||||
| center operations are | ||||
| separated from sensitive land | ||||
| uses by an effective visual | ||||
| screen buffer. | ||||
| 7:26A-4.1(a)12 | Failure of recycling center | $4,500 | NM | |
| operator to ensure | ||||
| unauthorized access to center | ||||
| is controlled. | ||||
| 7:26A-4.1(a)13 | Failure of recycling center | $3,000 | M | 30 |
| operator to ensure areas of | ||||
| vehicular usage are suitably | ||||
| compacted and, where | ||||
| necessary, paved. | ||||
| 7:26A-4.1(a)14 | Failure of recycling center | $5,000 | NM | |
| operator to have adequate | ||||
| water supply, firefighting | ||||
| equipment, and local fire | ||||
| department phone numbers | ||||
| phone numbers posted. | ||||
| 7:26A-4.4(a) | Failure of the operator of a | $3,000 | M | 30 |
| recycling center to provide a | ||||
| recycling tonnage report | ||||
| by March 1 of each year | ||||
| 7:26A-4.4(b) | Failure of exempt person to | $3,000 | M | 30 |
| submit required tonnage | ||||
| reports by March 1 of each | ||||
| year | ||||
| 7:26A-4.5(a)2 | Failure of Class C operator | $3,000 | M | 30 |
| to ensure center has | ||||
| sufficient capacity to handle | ||||
| incoming volumes. | ||||
| 7:26A-4.5(a)3 | Failure of Class C operator | $3,000 | M | 30 |
| to have properly trained | ||||
| individual supervising | ||||
| operation, access to facility | ||||
| prohibited when center is | ||||
| closed. | ||||
| 7:26A-4.5(a)4 | Failure of Class C operator | $3,000 | M | 30 |
| to ensure all Class C | ||||
| recyclable materials received | ||||
| are removed from bags, boxes. | ||||
| 7:26A-4.5(a)5, 6 | Failure of Class C operator | $4,500 | NM | |
| to accept incoming materials | ||||
| containing grass, only in | ||||
| areas of the site that are at | ||||
| least 1,000 feet from any | ||||
| areas of human occupancy and | ||||
| to process such material | ||||
| within the working day. | ||||
| 7:26A-4.5(a)13 i | Failure of Class C yard | $3,000 | M | 90 |
| trimming operators to attend, | ||||
| within one year of start up, | ||||
| approved composting courses. | ||||
| 7:26A-4.5(a)13 ii | Failure of Class C yard | $4,500 | NM | |
| trimming operator to maintain | ||||
| improved active composting | ||||
| surface to prevent ponding | ||||
| or runoff. | ||||
| 7:26A-4.5(a)13 iii | Failure of Class C yard | $3,000 | M | 30 |
| trimmimg operator to moisten, | ||||
| without excess runoff, dry | ||||
| yard trimmings prior to | ||||
| windrow formation. | ||||
| 7:26A-4.5(a)13 iv | Failure of Class C yard | $4,500 | NM | |
| trimming operator to position | ||||
| windrows perpendicular to | ||||
| ground surface contours to | ||||
| prevent ponding. | ||||
| 7:26A-4.5(a)13 v | Failure of Class C yard | $3,000 | M | 30 |
| trimming operator to install | ||||
| windsock. | ||||
| 7:26A-4.5(a)13 vi | Failure of Class C yard | $4,500 | NM | |
| trimming operator to comply | ||||
| with windrow composting | ||||
| requirements. | ||||
| 7:26A-4.5(a)13 vii | Failure of Class C yard | $3,000 | M | 30 |
| trimming operator to comply | ||||
| with material staging and | ||||
| processing buffer distance | ||||
| requirements. | ||||
| 7:26A-4.5(a)13 viii | Failure of Class C yard | $3,000 | M | 30 |
| trimming operator to comply | ||||
| with finished compost | ||||
| testing requirements. | ||||
| 7:26A-4.5(a)13 xii | Failure of Class C yard | $3,000 | M | 30 |
| trimming operator to comply | ||||
| with additional recordkeeping | ||||
| requirements. | ||||
| 7:26A-4.5(a)14 i | Failure of Class C material | $4,500 | NM | |
| operator to comply with | ||||
| composting structure | ||||
| requirements, no ponding, | ||||
| leachate control. | ||||
| 7:26A-4.5(a)14 ii | Failure of Class C material | $4,500 | NM | |
| operator to maintain fully | ||||
| enclosed operation and | ||||
| setback requirements. | ||||
| 7:26A-4.5(a)14 iii | Failure of Class C material | $4,500 | NM | |
| operator to comply with O & M | ||||
| manual requirements. | ||||
| 7:26A-4.5(a)14 v | Failure of Class C material | $3,000 | M | 30 |
| operator to comply with | ||||
| employee training | ||||
| requirements. | ||||
| 7:26A-4.5(a)14 vi | Failure of Class C material | $3,000 | M | 30 |
| operator to develop a | ||||
| recycling center-specific | ||||
| training manual and make | ||||
| available to each employee. | ||||
| 7:26A-4.5(a)14 vii, | Failure of Class C material | $4,500 | NM | |
| viii | operator to meet Process to | |||
| Further Reduce Pathogens | ||||
| criteria and requirements. | ||||
| 7:26A-4.5(a)14 xi | Failure of Class C material | $4,500 | NM | |
| operator to conduct required | ||||
| QA/QC sampling and record | ||||
| results of such sampling. | ||||
| 7:26A-4.5(a)14 xii | Failure of Class C material | $4,500 | NM | |
| operator to have analysis of | ||||
| finished compost product | ||||
| conducted by laboratory | ||||
| certified in accordance with | ||||
| N.J.A.C. 7:18. | ||||
| 7:26A-4.5(a)14 xiii | Failure of Class C material | $3,000 | M | 30 |
| operator to maintain required | ||||
| records. | ||||
| 7:26A-4.5(a)14 xiv | Failure of Class C material | $3,000 | M | 30 |
| operator to submit quarterly | ||||
| report to the Department | ||||
| within 30 days after the | ||||
| end of each quarter. | ||||
| 7:26A-4.5(b)1 | Failure of Class C operator | $3,000 | M | 30 |
| to comply with labeling | ||||
| requirements. | ||||
| 7:26A-4.5(b)2 | Failure of Class C operator | $4,500 | NM | |
| to comply with compost | ||||
| utilization requirements. |
3. The violations of N.J.A.C. 7:26A-5, Requirements for Processing Discarded Appliances that Contain Refrigerant Fluid, the type of violation as minor (M) or non-minor (NM), the applicable grace period if the violation is minor, and the civil administrative base penalty 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. | ||||
| 7:26A-5.1(a) | Failure to ensure no shearing, | $ 5,000 | NM | |
| shredding, baling or other actions | ||||
| which could cause release of | ||||
| refrigerant fluid to take place, | ||||
| occurs prior to recovery of such | ||||
| fluid. | ||||
| 7:26A-5.1(b) | Failure to recover refrigerant | $ 5,000 | NM | |
| fluid in a manner such that no | ||||
| venting of refrigerant fluid | ||||
| occurs. | ||||
| 7:26A-5.1(c) | Failure to deliver recovered | $ 5,000 | NM | |
| refrigerant fluid to a facility | ||||
| which has agreed to reprocess the | ||||
| fluid or, if such arrangements | ||||
| cannot be made, failure to store | ||||
| or dispose of the recovered fluid | ||||
| in accordance with applicable | ||||
| rules and regulations. |
4. The violations of N.J.A.C. 7:26A-6, Standards for the Management of Used Oil, the type of violation as minor (M) or non-minor (NM), the applicable grace period if the violation is minor, and the civil administrative base penalty 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. | ||||
| 7:26A-6.1(a)2 i(1) | Failure to manage used | $5,000 | NM | |
| oil mixed with a | ||||
| listed hazardous waste | ||||
| as a hazardous waste in | ||||
| accordance with N.J.A. | ||||
| C. 7:26G. | ||||
| 7:26A-6.1(a)2 ii(1) | Failure to manage used | $5,000 | NM | |
| oil mixed with a | ||||
| characteristic | ||||
| hazardous waste or a | ||||
| listed hazardous waste | ||||
| that is listed solely | ||||
| because it exhibits | ||||
| one or more hazardous | ||||
| waste characteristics | ||||
| as a hazardous waste in | ||||
| accordance with N.J.A. | ||||
| C. 7:26G. | ||||
| 7:26A-6.1(a)4 ii | Failure by used oil | $3,000 | M | 30 |
| generator to comply | ||||
| with management | ||||
| requirements for diesel | ||||
| fuel mixed with used | ||||
| diesel crankcase oil. | ||||
| 7:26A-6.1(a)9 | Failure by a marketer | $5,000 | NM | |
| or burner to comply | ||||
| with requirements of | ||||
| 40 CFR 761.20(e) for | ||||
| used oil containing | ||||
| quantifiable levels of | ||||
| PCBs. | ||||
| 7:26A-6.2(a) | Failure to meet one or | $5,000 | NM | |
| more of the | ||||
| specifications for a | ||||
| used oil fuel | ||||
| identified in Table 1 | ||||
| of N.J.A.C. 7:26A-6. | ||||
| 2(a) prior to burning | ||||
| for energy recovery. | ||||
| 7:26A-6.2(b) | Failure to obtain a | $3,000 | M | 30 |
| Permit to Construct, | ||||
| Install or Alter | ||||
| Control Apparatus or | ||||
| Equipment and | ||||
| Certificate to Operate | ||||
| Control Apparatus | ||||
| prior to burning | ||||
| on-specification used | ||||
| oil fuel. | ||||
| 7:26A-6.3(a) | Failure to comply with | $5,000 | NM | |
| requirements for | ||||
| managing used oil in a | ||||
| surface impoundment or | ||||
| waste pile. | ||||
| 7:26A-6.3(b) | Failure to comply with | $5,000 | NM | |
| prohibition against | ||||
| using used oil as a | ||||
| dust suppressant. | ||||
| 7:26A-6.3(c) | Burning | $5,000 | NM | |
| off-specification used | ||||
| oil in a device other | ||||
| than an industrial | ||||
| furnace, industrial or | ||||
| utility boiler or | ||||
| hazardous waste | ||||
| incinerator, or failing | ||||
| to obtain a Permit to | ||||
| Construct, Install or | ||||
| Alter Control | ||||
| Apparatus or Equipment | ||||
| and Certificate to | ||||
| Operate Control | ||||
| Apparatus prior to | ||||
| burning | ||||
| off-specification used | ||||
| oil in one of these | ||||
| devices. | ||||
| 7:26A-6.3(d) | Failure to comply with | $3,000 | M | 30 |
| the prohibition against | ||||
| burning | ||||
| on-specification used | ||||
| oil fuel in either a | ||||
| residential or Category | ||||
| I institutional device, | ||||
| furnace or boiler. | ||||
| 7:26A-6.3(e) | Failure to comply with | $4,500 | NM | |
| the prohibition against | ||||
| burning | ||||
| on-specification used | ||||
| oil in an oil-fired | ||||
| space heater that fails | ||||
| to meet the | ||||
| requirements of N.J.A.C. | ||||
| 7:26A-6.4 (e). | ||||
| 7:26A-6.3(f) | Failure to comply with | $4,500 | NM | |
| the prohibition against | ||||
| burning | ||||
| off-specification used | ||||
| oil in a space heater. | ||||
| 7:26A-6.4(d)1 | Failure of used oil | $4,500 | NM | |
| generator storing used | ||||
| oil to comply with | ||||
| applicable Spill | ||||
| Prevention, Control and | ||||
| Countermeasures | ||||
| regulations, Clean Air | ||||
| Act regulations or | ||||
| Underground Storage | ||||
| Tank regulations. | ||||
| 7:26A-6.4(d)2 | Failure of used oil | $3,000 | M | 30 |
| generator to ensure | ||||
| used oil is stored | ||||
| only in tanks, | ||||
| containers, or units | ||||
| subject to regulation | ||||
| at N.J.A.C. 7:26G-8 or | ||||
| 9. | ||||
| 7:26A-6.4(d)3 | Failure of used oil | $4,500 | NM | |
| generator to ensure | ||||
| containers or | ||||
| aboveground tanks used | ||||
| to store used oil | ||||
| storage units are in | ||||
| good condition and not | ||||
| leaking. | ||||
| 7:26A-6.4(d)4 | Failure of used oil | $3,000 | M | 30 |
| generator to comply | ||||
| with used oil | ||||
| labeling/marking | ||||
| requirements. | ||||
| 7:26A-6.4(d)5 | Failure of used oil | $4,500 | NM | |
| generator to comply | ||||
| with or initiate | ||||
| response to releases. | ||||
| 7:26A-6.4(e)1 | Failure of used oil | $4,500 | NM | |
| generator to burn only | ||||
| self-generated or | ||||
| household | ||||
| do-it-yourselfer used | ||||
| oil in a space heater. | ||||
| 7:26A-6.4(e)2 | Used oil generator | $3,000 | M | 30 |
| burned used oil in a | ||||
| oil space heater that | ||||
| exceeded the maximum | ||||
| capacity of 0.5 million | ||||
| BTU per hour. | ||||
| 7:26A-6.4(e)3 | Failure of used oil | $4,500 | NM | |
| generator to vent | ||||
| combustion gases from | ||||
| a space heater to | ||||
| ambient air. | ||||
| 7:26A-6.4(e)4 | Failure of used oil | $4,500 | NM | |
| generator, burning used | ||||
| oil in a space heater, | ||||
| to obtain a Permit to | ||||
| Construct, Install or | ||||
| Alter Control | ||||
| Apparatus or Equipment | ||||
| and Certificate to | ||||
| Operate Control | ||||
| Apparatus. | ||||
| 7:26A-6.4(f) | Failure of used oil | $4,500 | NM | |
| generator to comply | ||||
| with used oil off-site | ||||
| shipment requirements. | ||||
| 7:26A-6.4(g) | Failure to comply with | $3,000 | M | 30 |
| do-it-yourselfer and | ||||
| motor oils retailer | ||||
| requirements. | ||||
| 7:26A-6.5(a) | Failure of an owner or | $3,000 | M | 30 |
| operator of a State of | ||||
| New Jersey permitted | ||||
| reinspection center, or | ||||
| a retail service | ||||
| station that has used | ||||
| oil collection tanks on | ||||
| the premises, to accept | ||||
| do-it-yourselfer used | ||||
| oil in accordance with | ||||
| N.J.A.C. 7:26A-6.5(a). | ||||
| 7:26A-6.5(b)2 | Failure of | $3,000 | M | 30 |
| do-it-yourselfer used | ||||
| oil collection center | ||||
| to comply with the | ||||
| generator standards at | ||||
| N.J.A.C. 7:26A-6.4. | ||||
| 7:26A-6.5(c)2 i | Failure of used oil | $3,000 | M | 30 |
| collection center to | ||||
| comply with the | ||||
| generator standards at | ||||
| N.J.A.C. 7:26A-6.4. | ||||
| 7:26A-6.5(c)2 ii | Failure of used oil | $3,000 | M | 30 |
| collection center to | ||||
| register or be | ||||
| recognized by county or | ||||
| municipality as a used | ||||
| oil collection center. | ||||
| 7:26A-6.5(c)2 iii | Failure of used oil | $3,000 | M | 30 |
| collection center to | ||||
| comply with sign | ||||
| posting requirements. | ||||
| 7:26A-6.5(d)2 | Failure of used oil | $3,000 | M | 30 |
| aggregation point to | ||||
| comply with generator | ||||
| standards at N.J.A.C. | ||||
| 7:26A-6.4. | ||||
| 7:26A-6.6(a) 4 | Failure of used oil | $4,500 | NM | |
| transporter to comply | ||||
| with the Federal Motor | ||||
| Carrier Safety and | ||||
| Federal Hazardous | ||||
| Materials | ||||
| Transportation | ||||
| regulations, or to | ||||
| comply with the | ||||
| provisions of this | ||||
| subchapter as indicated | ||||
| in N.J.A.C. 7:26A-6.6(a) | ||||
| 4i through v when | ||||
| performing the listed | ||||
| activities. | ||||
| 7:26A-6.6(b) | Used oil transporter | $5,000 | NM | |
| conducted | ||||
| non-incidental | ||||
| processing of used oil. | ||||
| 7:26A-6.6(c) | Failure of used oil | $5,000 | NM | |
| transporter and/or | ||||
| transfer facility to | ||||
| comply with the | ||||
| notification and/or EPA | ||||
| identification | ||||
| requirements. | ||||
| 7:26A-6.6(d)1 | Failure of used oil | $4,500 | NM | |
| transporter to comply | ||||
| with delivery | ||||
| requirements. | ||||
| 7:26A-6.6(d)2 | Failure of used oil | $4,500 | NM | |
| transporter to comply | ||||
| with the United States | ||||
| Department of | ||||
| Transportation | ||||
| Regulations. | ||||
| 7:26A-6.6(d)3 | Failure of used oil | $4,500 | NM | |
| transporter to comply | ||||
| with used oil | ||||
| transportation | ||||
| discharge requirements. | ||||
| 7:26A-6.6(e)1 | Failure of used oil | $4,500 | NM | |
| transporter to | ||||
| determine if total | ||||
| halogen content is | ||||
| equal to, less than or | ||||
| greater than 1000 ppm | ||||
| for used oil being | ||||
| transported or stored. | ||||
| 7:26A-6.6(e)5 | Failure of used oil | $4,500 | NM | |
| transporter to retain | ||||
| records of analyses or | ||||
| other information, used | ||||
| to ensure used oil is | ||||
| not a hazardous waste, | ||||
| for three years. | ||||
| 7:26A-6.6(f)1 | Failure of used oil | $4,500 | NM | |
| transporter and/or | ||||
| transfer facility, | ||||
| storing used oil, to | ||||
| comply with applicable | ||||
| Spill Prevention, | ||||
| Control and | ||||
| Countermeasures | ||||
| regulations, Clean Air | ||||
| Act regulations or | ||||
| Underground Storage | ||||
| Tank regulations. | ||||
| 7:26A-6.6(f)3 | Failure of used oil | $3,000 | M | 30 |
| transfer facility to | ||||
| ensure used oil is | ||||
| stored only in tanks, | ||||
| containers, or units | ||||
| subject to regulation | ||||
| at N.J.A.C. | ||||
| 7:26G-8 or 9. | ||||
| 7:26A-6.6(f)4 | Failure of used oil | $4,500 | NM | |
| transfer facility to | ||||
| ensure used oil | ||||
| containers or | ||||
| aboveground tanks are | ||||
| in good condition and | ||||
| not leaking. | ||||
| 7:26A-6.6(f)5 | Failure of used oil | $4,500 | NM | |
| transfer facility to | ||||
| comply with secondary | ||||
| containment | ||||
| requirements for | ||||
| containers. | ||||
| 7:26A-6.6(f)6 | Failure of used oil | $4,500 | NM | |
| transfer facility to | ||||
| comply with secondary | ||||
| containment | ||||
| requirements for | ||||
| existing aboveground | ||||
| tanks. | ||||
| 7:26A-6.6(f)7 | Failure of used oil | $4,500 | NM | |
| transfer facility to | ||||
| comply with secondary | ||||
| containment | ||||
| requirements for new | ||||
| aboveground tanks. | ||||
| 7:26A-6.6(f)8 | Failure of used oil | $3,000 | M | 30 |
| transfer facility to | ||||
| comply with used oil | ||||
| labeling requirements. | ||||
| 7:26A-6.6(f)9 | Failure by used oil | $4,500 | NM | |
| transfer facility to | ||||
| comply with used oil | ||||
| facility discharge | ||||
| requirements. | ||||
| 7:26A-6.6(g) | Failure of used oil | $4,500 | NM | |
| transporter to comply | ||||
| with tracking | ||||
| requirements. | ||||
| 7:26A-6.7(b) | Failure of used oil | $5,000 | NM | |
| processor or | ||||
| re-refining facility | ||||
| to comply with | ||||
| notification and/or EPA | ||||
| identification | ||||
| requirements. | ||||
| 7:26A-6.7(c)1 i | Failure of used oil | $5,000 | NM | |
| processor or | ||||
| re-refining facility | ||||
| to maintain or operate | ||||
| facility to minimize | ||||
| possibilities of fire, | ||||
| explosion or any | ||||
| unplanned sudden or | ||||
| non-sudden releases of | ||||
| used oil. | ||||
| 7:26A-6.7(c)1 ii | Failure of used oil | $4,500 | NM | |
| processor or | ||||
| re-refining facility | ||||
| to equip facility with | ||||
| emergency equipment. | ||||
| 7:26A-6.7(c)1 iii | Failure of used oil | $3,000 | M | 30 |
| processor or | ||||
| re-refining facility | ||||
| to test and maintain | ||||
| emergency equipment. | ||||
| 7:26A-6.7(c)1 iv | Failure of used oil | $3,000 | M | 30 |
| processor or | ||||
| re-refining facility | ||||
| to maintain access to | ||||
| communications or alarm | ||||
| system. | ||||
| 7:26A-6.7(c)1 v | Failure of used oil | $3,000 | M | 30 |
| processor or | ||||
| re-refining facility | ||||
| to maintain sufficient | ||||
| aisle space for the | ||||
| unobstructed movement | ||||
| of personnel or | ||||
| equipment in an | ||||
| emergency. | ||||
| 7:26A-6.7(c)1 vi | Failure of used oil | $3,000 | M | 30 |
| processor or | ||||
| re-refining facility | ||||
| to make required | ||||
| arrangements with | ||||
| police or fire | ||||
| departments, emergency | ||||
| response contractors, | ||||
| equipment suppliers, or | ||||
| local hospitals, or to | ||||
| document any such | ||||
| authority's refusal of | ||||
| such arrangements. | ||||
| 7:26A-6.7(c)2 i(1) | Failure of used oil | $4,500 | NM | |
| processor or | ||||
| re-refining facility | ||||
| to have a contingency | ||||
| plan designed to | ||||
| minimize hazards to | ||||
| human health and the | ||||
| environment. | ||||
| 7:26A-6.7(c)2 i(2) | Failure of used oil | $5,000 | NM | |
| processor or | ||||
| re-refining facility | ||||
| to carry out provisions | ||||
| of the contingency plan | ||||
| immediately if there is | ||||
| a fire, explosion or | ||||
| release of used oil. | ||||
| 7:26A-6.7(c)2 ii(1) | Failure of used oil | $3,000 | M | 30 |
| processor or | ||||
| re-refining facility | ||||
| contingency plan to | ||||
| describe actions to be | ||||
| taken in response to | ||||
| fires, explosions, or | ||||
| any unplanned sudden or | ||||
| non-sudden release. | ||||
| 7:26A-6.7(c)2 ii(2) | Failure of used oil | $3,000 | M | 30 |
| processor or | ||||
| re-refining facility | ||||
| to amend its SPCC (40 | ||||
| CFR 112 or Part 1510 of | ||||
| chapter V) or DPCC (N.J. | ||||
| A.C. 7:1E) plan, to | ||||
| incorporate used oil | ||||
| management provisions. | ||||
| 7:26A-6.7(c)2 ii(3) | Failure of used oil | $3,000 | M | 30 |
| processor or | ||||
| re-refining facility | ||||
| contingency plan to | ||||
| describe arrangements | ||||
| agreed to by local | ||||
| police or fire | ||||
| departments, hospitals, | ||||
| contractors, or State | ||||
| or local emergency | ||||
| response teams. | ||||
| 7:26A-6.7(c)2 ii(4) | Failure of used oil | $3,000 | M | 30 |
| processor or | ||||
| re-refining facility | ||||
| contingency plan to | ||||
| list names, addresses | ||||
| or phone numbers of | ||||
| persons qualified to | ||||
| act as emergency | ||||
| coordinator. | ||||
| 7:26A-6.7(c)2 ii(5) | Failure of used oil | $3,000 | M | 30 |
| processor or | ||||
| re-refining facility | ||||
| contingency plan to | ||||
| list emergency | ||||
| equipment, updated as | ||||
| required, with its | ||||
| location, description, | ||||
| or capabilities | ||||
| specified. | ||||
| 7:26A-6.7(c)2 ii(6) | Failure of used oil | $3,000 | M | 30 |
| processor or | ||||
| re-refining facility | ||||
| contingency plan to | ||||
| include evacuation | ||||
| procedure for personnel | ||||
| including signals, | ||||
| evacuation routes or | ||||
| alternate evacuation | ||||
| routes. | ||||
| 7:26A-6.7(c)2 iii | Failure of used oil | $3,000 | M | 30 |
| processor or | ||||
| re-refining facility | ||||
| contingency plan to be | ||||
| maintained at facility | ||||
| with a copy sent to | ||||
| local police or fire | ||||
| departments, hospitals | ||||
| or State or local | ||||
| emergency response | ||||
| teams. | ||||
| 7:26A-6.7(c)2 iv | Failure of used oil | $3,000 | M | 30 |
| processor or | ||||
| re-refining facility | ||||
| to review or amend | ||||
| contingency plan as | ||||
| necessary. | ||||
| 7:26A-6.7(c)2 v | Failure of used oil | $4,500 | NM | |
| processor or | ||||
| re-refining facility | ||||
| to make emergency | ||||
| coordinator thoroughly | ||||
| familiar with plan or | ||||
| available at all times. | ||||
| 7:26A-6.7(c)2 vi(1) | Failure of used oil | $4,500 | NM | |
| processor or | ||||
| re-refining facility | ||||
| emergency coordinator | ||||
| to activate alarms or | ||||
| communications systems, | ||||
| or to notify | ||||
| appropriate State or | ||||
| local agencies. | ||||
| 7:26A-6.7(c)2 vi(9) | Failure of used oil | $3,000 | M | 30 |
| processor or | ||||
| re-refining facility | ||||
| to submit incident | ||||
| report to Department | ||||
| within 15 days after an | ||||
| incident. | ||||
| 7:26A-6.7(d)1 | Failure of used oil | $4,500 | NM | |
| processor or | ||||
| re-refining facility | ||||
| to determine if total | ||||
| halogen content is | ||||
| equal to, less than or | ||||
| greater than 1000 ppm | ||||
| for used oil being | ||||
| transported or stored. | ||||
| 7:26A-6.7(d)4 | Failure of used oil | $4,500 | NM | |
| processor or | ||||
| re-refining facility | ||||
| to ship used oil that | ||||
| fails the rebuttable | ||||
| presumption, for mixing | ||||
| as a hazardous waste, | ||||
| using a New Jersey | ||||
| licensed hazardous | ||||
| waste transporter. | ||||
| 7:26A-6.7(e)1 | Failure of used oil | $4,500 | NM | |
| processor or | ||||
| re-refining facility, | ||||
| storing used oil, to | ||||
| comply with applicable | ||||
| Spill Prevention, | ||||
| Control and | ||||
| Countermeasures | ||||
| regulations, Clean Air | ||||
| Act regulations or | ||||
| Underground Storage | ||||
| Tank regulations. | ||||
| 7:26A-6.7(e)2 | Failure of used oil | $3,000 | M | 30 |
| processor or | ||||
| re-refining facility | ||||
| to ensure used oil is | ||||
| stored only in tanks, | ||||
| containers, or units | ||||
| subject to regulation | ||||
| at N.J.A.C. | ||||
| 7:26G-8 or 9. | ||||
| 7:26A-6.7(e)3 | Failure of used oil | $4,500 | NM | |
| processor or | ||||
| re-refining facility | ||||
| to ensure containers or | ||||
| aboveground tanks, used | ||||
| to store or process | ||||
| used oil, are in good | ||||
| condition and not | ||||
| leaking. | ||||
| 7:26A-6.7(e)4 | Failure of used oil | $4,500 | NM | |
| processor or | ||||
| re-refining facility | ||||
| to comply with | ||||
| secondary containment | ||||
| requirements for | ||||
| containers used to | ||||
| store or process used | ||||
| oil. | ||||
| 7:26A-6.7(e)5 | Failure of used oil | $4,500 | NM | |
| processor or | ||||
| re-refining facility | ||||
| to comply with the | ||||
| secondary containment | ||||
| requirements for | ||||
| existing aboveground | ||||
| tanks used to store or | ||||
| process used oil. | ||||
| 7:26A-6.7(e)6 | Failure of used oil | $4,500 | NM | |
| processor or | ||||
| re-refining facility | ||||
| to comply with the | ||||
| secondary containment | ||||
| requirements for new | ||||
| aboveground tanks used | ||||
| to store or process | ||||
| used oil. | ||||
| 7:26A-6.7(e)7 | Failure of used oil | $3,000 | M | 30 |
| processor or | ||||
| re-refining facility | ||||
| to comply with used oil | ||||
| labeling requirements. | ||||
| 7:26A-6.7(e)8 | Failure of used oil | $4,500 | NM | |
| processor or | ||||
| re-refining facility | ||||
| to comply with or | ||||
| initiate response to | ||||
| releases. | ||||
| 7:26A-6.7(e)9 i(1) | Failure of used oil | $10,000 | NM | |
| processor or | ||||
| re-refining facility | ||||
| at closure, who stored | ||||
| or processed used oil | ||||
| tanks, to remove or | ||||
| decontaminate all used | ||||
| oil residues in tanks, | ||||
| contaminated | ||||
| containment system | ||||
| components, | ||||
| contaminated soils, and | ||||
| structures and | ||||
| equipment contaminated | ||||
| with used oil, and | ||||
| manage them | ||||
| appropriately. | ||||
| 7:26A-6.7(e)9 i(2) | Failure of used oil | $10,000 | NM | |
| processor or | ||||
| re-refining facility | ||||
| that cannot remove all | ||||
| contamination from tank | ||||
| systems at closure to | ||||
| follow closure | ||||
| requirements for | ||||
| landfills. | ||||
| 7:26A-6.7(e)9 ii(1) | Failure of used oil | $4,500 | NM | |
| processor or | ||||
| re-refining facility | ||||
| at closure, who stored | ||||
| used oil in containers, | ||||
| to remove from the site | ||||
| all containers holding | ||||
| used oil or residues of | ||||
| used oil. | ||||
| 7:26A-6.7(e)9 ii(2) | Failure of used oil | $10,000 | NM | |
| processor or | ||||
| re-refining facility | ||||
| at closure, who stored | ||||
| used oil in containers, | ||||
| to remove or | ||||
| decontaminate all used | ||||
| oil residues, | ||||
| contaminated | ||||
| containment system | ||||
| components, | ||||
| contaminated soils, | ||||
| and structures and | ||||
| equipment contaminated | ||||
| with used oil, and | ||||
| manage them | ||||
| appropriately. | ||||
| 7:26A-6.7(f) | Failure of used oil | $5,000 | NM | |
| processor or | ||||
| re-refining facility | ||||
| to develop or follow a | ||||
| written waste analysis | ||||
| plan in accordance with | ||||
| requirements at N.J.A. | ||||
| C. 7:26A-6.7(f). | ||||
| 7:26A-6.7(g) | Failure of used oil | $4,500 | NM | |
| processor or | ||||
| re-refining facility | ||||
| to comply with used oil | ||||
| tracking standards and | ||||
| records. | ||||
| 7:26A-6.7(h) | Failure of used oil | $4,500 | NM | |
| processor or | ||||
| re-refining facility | ||||
| to comply with | ||||
| operating record and | ||||
| reporting standards. | ||||
| 7:26A-6.7(i) | Failure by used oil | $3,000 | M | 30 |
| processor or | ||||
| re-refining facility | ||||
| to ensure used oil | ||||
| transporter has an EPA | ||||
| identification number. | ||||
| 7:26A-6.7(j) | Failure by used oil | $4,500 | NM | |
| processor or | ||||
| re-refining facility | ||||
| to manage process | ||||
| residues in accordance | ||||
| with N.J.A.C. 7:26A-6. | ||||
| 1(a)5. | ||||
| 7:26A-6.8(b)1 | Used oil burner burned | $5,000 | NM | |
| off-specification used | ||||
| oil in a device other | ||||
| than an industrial | ||||
| furnace, industrial or | ||||
| utility boiler or | ||||
| hazardous waste | ||||
| incinerator or burned | ||||
| off-specification used | ||||
| oil in these devices | ||||
| without a Permit to | ||||
| Construct, Install or | ||||
| Alter Control Apparatus | ||||
| or Equipment and | ||||
| Certificate to Operate | ||||
| Control Apparatus. | ||||
| 7:26A-6.8(b)2 i | Failure by used oil | $5,000 | NM | |
| burner to comply with | ||||
| prohibition against | ||||
| aggregating off | ||||
| specification used oil | ||||
| with other fuels to | ||||
| produce an | ||||
| on-specification used | ||||
| oil fuel. | ||||
| 7:26A-6.8(c) | Failure of used oil | $4,500 | NM | |
| burner to comply with | ||||
| notification and/or | ||||
| EPA identification | ||||
| requirements. | ||||
| 7:26A-6.8(d)1 | Failure of used oil | $5,000 | NM | |
| burner to determine if | ||||
| total halogen content | ||||
| is equal to, less than | ||||
| or greater than 1000 | ||||
| ppm for used oil | ||||
| being transported or | ||||
| stored. | ||||
| 7:26A-6.8(d)4 | Failure by used oil | $4,500 | NM | |
| burner to retain | ||||
| records of analyses, | ||||
| or other information | ||||
| used to ensure used oil | ||||
| is not a hazardous | ||||
| waste, for 3 years. | ||||
| 7:26A-6.8(e)1 | Failure of used oil | $3,000 | M | 30 |
| burner storing used oil | ||||
| to comply with | ||||
| applicable Spill | ||||
| Prevention, Control and | ||||
| Countermeasures | ||||
| regulations, Clean Air | ||||
| Act regulations or | ||||
| Underground Storage | ||||
| Tank regulations. | ||||
| 7:26A-6.8(e)2 | Failure of used oil | $3,000 | M | 30 |
| burner to ensure used | ||||
| oil is stored only in | ||||
| tanks, containers, or | ||||
| units subject to | ||||
| regulation at N.J.A.C. | ||||
| 7:26G-8 or 9. | ||||
| 7:26A-6.8(e)3 | Failure of used oil | $4,500 | NM | |
| burner to ensure used | ||||
| oil containers or | ||||
| aboveground tanks are | ||||
| in good condition and | ||||
| not leaking. | ||||
| 7:26A-6.8(e)4 | Failure of used oil | $4,500 | NM | |
| burner, storing used | ||||
| oil in containers, to | ||||
| comply with the | ||||
| secondary containment | ||||
| requirements. | ||||
| 7:26A-6.8(e)5 | Failure of used oil | $4,500 | NM | |
| burner, storing used | ||||
| oil in existing | ||||
| aboveground tank(s), to | ||||
| comply with the | ||||
| secondary containment | ||||
| requirements. | ||||
| 7:26A-6.8(e)6 | Failure of used oil | $4,500 | NM | |
| burner, storing used | ||||
| oil in new aboveground | ||||
| tank(s), to comply with | ||||
| secondary containment | ||||
| requirements. | ||||
| 7:26A-6.8(e)7 | Failure of used oil | $3,000 | M | 30 |
| burner to comply with | ||||
| used oil-labeling | ||||
| requirements. | ||||
| 7:26A-6.8(e)8 | Failure of used oil | $4,500 | NM | |
| burner to comply with | ||||
| or initiate response | ||||
| to releases. | ||||
| 7:26A-6.8(f) | Failure of used oil | $4,500 | NM | |
| burner to comply with | ||||
| operating record and | ||||
| recordkeeping standards. | ||||
| 7:26A-6.8(g) | Failure of a used oil | $4,500 | NM | |
| burner to comply with | ||||
| first-time notice and | ||||
| recordkeeping standards. | ||||
| 7:26A-6.8(h) | Failure of used oil | $4,500 | NM | |
| burner to manage | ||||
| residues from storage | ||||
| or burning in | ||||
| accordance with N.J.A.C. | ||||
| 7:26A-6.1(a)5. | ||||
| 7:26A-6.9(a)3 | Failure of used oil | $4,500 | NM | |
| fuel marketer to comply | ||||
| with the standards for | ||||
| used oil generators, | ||||
| transporters/transfer | ||||
| facilities, | ||||
| processors/re-refiners | ||||
| or burners. | ||||
| 7:26A-6.9(b) | Failure of a used oil | $5,000 | NM | |
| fuel marketer to ship | ||||
| off-specification used | ||||
| only to an | ||||
| authorized burner | ||||
| facility. | ||||
| 7:26A-6.9(c)1 | Failure of a used oil | $5,000 | NM | |
| generator, transporter, | ||||
| processor/re-refiner | ||||
| or burner to determine | ||||
| if used oil meets the | ||||
| fuel specification at | ||||
| 7:26A-6.2 or | ||||
| failure to provide a | ||||
| copy of analyses or | ||||
| other information to | ||||
| facility receiving | ||||
| shipment of used oil. | ||||
| 7:26A-6.9(c)2 | Failure of first person | $4,500 | NM | |
| claiming used oil fuel | ||||
| meets fuel | ||||
| specification at N.J.A. | ||||
| C. 7:26A-6.2 to retain | ||||
| copies of analyses or | ||||
| other information used | ||||
| to make determination | ||||
| for three years. | ||||
| 7:26A-6.9(d)1 | Failure of used oil | $4,500 | NM | |
| fuel marketer to comply | ||||
| with notification | ||||
| and/or EPA | ||||
| identification | ||||
| requirements. | ||||
| 7:26A-6.9(e)1 | Failure of used oil | $4,500 | NM | |
| fuel marketer to comply | ||||
| with invoicing | ||||
| requirements for | ||||
| off-specification used | ||||
| oil fuel. | ||||
| 7:26A-6.9(e)2 | Failure of used oil | $4,500 | NM | |
| fuel marketer to comply | ||||
| with tracking | ||||
| requirements for | ||||
| shipments of | ||||
| off-specification used | ||||
| oil fuel. | ||||
| 7:26A-6.9(e)3 | Failure of first person | $4,500 | NM | |
| claiming used oil fuel | ||||
| meets fuel | ||||
| specification at N.J.A. | ||||
| C. 7:26A-6.2 to comply | ||||
| with tracking | ||||
| requirements for | ||||
| shipments of | ||||
| on-specification used | ||||
| oil fuel. | ||||
| 7:26A-6.9(f) | Failure of used oil | $4,500 | NM | |
| marketer to comply with | ||||
| notice standards. | ||||
| 7:26A-6.10(b)1 | Failure to manage used | $5,000 | NM | |
| oil that has been | ||||
| identified as a | ||||
| hazardous waste and | ||||
| cannot be recycled, as | ||||
| a hazardous waste. | ||||
| 7:26A-6.10(b)2 | Failure to manage used | $4,500 | NM | |
| oil that is not | ||||
| hazardous waste and | ||||
| cannot be recycled, as | ||||
| a solid waste. | ||||
| 7:26A-6.10(c) | Failure to comply with | $5,000 | NM | |
| prohibition against | ||||
| using used oil as a | ||||
| dust suppressant. |
5. The violations of 40 CFR 273, Standards for the management of Universal Waste, the type of violation as minor (M) or non-minor (NM), the applicable grace period if the violation is minor, and the civil base administrative penalty for each violation, are as set forth in the following table.
| Rule | Rule Summary | Base | Type of | Grace |
|---|---|---|---|---|
| ----- | ------------ | Penalty | Violation | Period |
| -------- | --------- | (days) | ||
| ------ | ||||
| 40 CFR | ||||
| §273.11 | Failure of small | $4,500 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| comply with universal | ||||
| waste prohibitions. | ||||
| §273.13(a)1 | Failure of small | $4,500 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| place universal waste | ||||
| batteries which show | ||||
| evidence of leakage, | ||||
| spillage or damage in | ||||
| a container that is | ||||
| closed, structurally | ||||
| sound, compatible with | ||||
| the contents of the | ||||
| batteries, and | ||||
| non-leaking. | ||||
| §273.13(a)2 | Failure of small | $4,500 | NM | |
| quantity handler of | ||||
| universal waste | ||||
| conducting | ||||
| activities | ||||
| not to manage as | ||||
| hazardous waste casings | ||||
| of individual battery | ||||
| cells that have been | ||||
| breached | ||||
| §273.13(a)3 | Failure of small | $5,000 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| determine if removed | ||||
| electrolyte or other | ||||
| solid waste is | ||||
| hazardous and to | ||||
| manage it in compliance | ||||
| with all appropriate | ||||
| regulations. | ||||
| §273.13(b)1 | Failure of small | $4,500 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| place universal waste | ||||
| pesticides in a | ||||
| container that is | ||||
| closed, structurally | ||||
| sound, compatible with | ||||
| the pesticide, and | ||||
| non-leaking. | ||||
| §273.13(b)2 | Failure of small | $4,500 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| overpack containers of | ||||
| universal waste | ||||
| pesticides which did | ||||
| not meet 40 CFR § 273. | ||||
| 13(b)1. | ||||
| §273.13(b)3 | Failure of small | $3,000 | M | 30 |
| quantity handler of | ||||
| universal waste to | ||||
| contain universal waste | ||||
| pesticides in a tank | ||||
| which meets the | ||||
| requirements of 40 CFR | ||||
| §265 Subpart J. | ||||
| §273.13(b)4 | Failure of small | $4,500 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| place universal waste | ||||
| pesticides in a | ||||
| transport vehicle or | ||||
| vessel that is closed, | ||||
| structurally sound, | ||||
| compatible with the | ||||
| pesticide, and | ||||
| non-leaking. | ||||
| §273.13(c)1 | Failure of small | $4,500 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| place universal waste | ||||
| mercury containing | ||||
| equipment which | ||||
| contains non-elemental | ||||
| mercury or shows | ||||
| evidence of leakage, | ||||
| spillage or damage in | ||||
| a container that is | ||||
| closed, structurally | ||||
| sound, compatible with | ||||
| the contents of the | ||||
| device, and | ||||
| non-leaking, and | ||||
| designed to prevent the | ||||
| escape of mercury into | ||||
| the environment. | ||||
| §273.13(c)2i | Failure of small | $4,500 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| remove | ||||
| mercury-containing | ||||
| ampules in a manner | ||||
| designed to prevent | ||||
| breakage of the | ||||
| ampules. | ||||
| §273.13(c)2ii | Failure of small | $4,500 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| remove | ||||
| mercury-containing | ||||
| ampules only over or in | ||||
| a containment device. | ||||
| §273.13(c)2iii | Failure of small | $4,500 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| ensure that a mercury | ||||
| clean-up system is | ||||
| readily available to | ||||
| immediately transfer | ||||
| any mercury, resulting | ||||
| from spills or leaks | ||||
| from broken ampules, | ||||
| from the containment | ||||
| device to a container | ||||
| that meets the | ||||
| requirements of 40 CFR | ||||
| §262.34. | ||||
| §273.13(c)2iv | Failure of small | $4,500 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| immediately transfer | ||||
| any mercury resulting | ||||
| from spills or leaks | ||||
| from broken ampules | ||||
| from the containment | ||||
| device to a container | ||||
| that meets the | ||||
| requirements of 40 CFR | ||||
| §262.34. | ||||
| §273.13(c)2v | Failure of small | $4,500 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| ensure that the area in | ||||
| which | ||||
| mercury-containing | ||||
| ampules are removed is | ||||
| well ventilated and | ||||
| monitored to ensure | ||||
| compliance with | ||||
| applicable OSHA | ||||
| permissible exposure | ||||
| levels for mercury. | ||||
| §273.13(c)2vi | Failure of small | $4,500 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| ensure that employees | ||||
| removing | ||||
| mercury-containing | ||||
| ampules are thoroughly | ||||
| familiar with proper | ||||
| waste mercury handling | ||||
| and emergency | ||||
| procedures. | ||||
| §273.13(c)2vii | Failure of small | $4,500 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| store | ||||
| mercury-containing | ||||
| ampules in closed, | ||||
| non-leaking containers | ||||
| that are in good | ||||
| condition. | ||||
| §273.13(c)2viii | Failure of small | $4,500 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| pack mercury-containing | ||||
| ampules in containers | ||||
| with packing materials | ||||
| adequate to prevent | ||||
| breakage during storage, | ||||
| handling, and | ||||
| transportation. | ||||
| §273.13(c)3 | Failure of small | $3,000 | M | 30 |
| quantity handler of | ||||
| universal waste, who | ||||
| removed the opened | ||||
| original housing holding | ||||
| mercury not contained in | ||||
| an ampule, to | ||||
| immediately seal the | ||||
| housing with an | ||||
| air-tight seal, and to | ||||
| follow the requirements | ||||
| under 40 CFR 273.13(c)2 | ||||
| for removing and | ||||
| managing ampules. | ||||
| §273.13(c)4 | Failure of small | $5,000 | NM | |
| quantity handler of | ||||
| universal waste, who | ||||
| removes mercury | ||||
| containing ampules or | ||||
| seals mercury in its | ||||
| original housing, to | ||||
| determine if any waste | ||||
| generated exhibits a | ||||
| characteristic of | ||||
| hazardous waste, and to | ||||
| manage the waste in | ||||
| compliance with all | ||||
| appropriate | ||||
| regulations. | ||||
| §273.13(d)1 | Failure of small | $4,500 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| place universal waste | ||||
| lamps which show | ||||
| evidence of leakage, | ||||
| spillage or damage in | ||||
| a container that is | ||||
| closed, structurally | ||||
| sound, compatible with | ||||
| the contents of the | ||||
| lamp, and non-leaking. | ||||
| §273.13(d)2 | Failure of small | $4,500 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| clean up and place any | ||||
| lamp that is broken or | ||||
| that shows evidence of | ||||
| breakage, leakage, or | ||||
| damage that could cause | ||||
| the release of | ||||
| hazardous constituents, | ||||
| into a container that | ||||
| is closed, structurally | ||||
| sound, compatible with | ||||
| the consumer electronic, | ||||
| and non-leaking. | ||||
| §273.14(a) | Failure of small | $3,000 | M | 30 |
| quantity handler of | ||||
| universal waste to | ||||
| properly label or mark | ||||
| universal waste | ||||
| batteries or containers | ||||
| of universal waste | ||||
| batteries. | ||||
| §273.14(b) | Failure of small | $3,000 | M | 30 |
| quantity handler of | ||||
| universal waste to | ||||
| properly label or mark | ||||
| containers, tanks, | ||||
| transport vehicles or | ||||
| vessels of recalled | ||||
| universal waste | ||||
| pesticides. | ||||
| §273.14(c) | Failure of small | $3,000 | M | 30 |
| quantity handler of | ||||
| universal waste to | ||||
| properly label or mark | ||||
| containers, tanks, | ||||
| transport vehicles or | ||||
| vessels of unused | ||||
| universal waste | ||||
| pesticides. | ||||
| §273.14(d) | Failure of small | $3,000 | M | 30 |
| quantity handler of | ||||
| universal waste to | ||||
| properly label or mark | ||||
| universal waste | ||||
| mercury containing | ||||
| equipment or containers | ||||
| of universal waste | ||||
| mercury containing | ||||
| equipment. | ||||
| §273.14(e) | Failure of small | $3,000 | M | 30 |
| quantity Handler of | ||||
| universal waste to | ||||
| properly label or mark | ||||
| universal waste lamps | ||||
| or containers of | ||||
| universal waste lamps. | ||||
| §273.15(a)-(b) | Small quantity handler | $5,000 | NM | |
| of universal waste | ||||
| accumulated universal | ||||
| waste for greater than | ||||
| one year, without | ||||
| proving the | ||||
| accumulation was | ||||
| solely for the purpose | ||||
| of facilitating proper | ||||
| recovery, treatment or | ||||
| disposal. | ||||
| §273.15(c) | Failure of small | $4,500 | NM | |
| quantity handler of | ||||
| Universal Waste to | ||||
| demonstrate the length | ||||
| of time that the | ||||
| universal waste was | ||||
| accumulated. | ||||
| §273.16 | Failure of small | $4,500 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| ensure that all | ||||
| employees are | ||||
| thoroughly familiar | ||||
| with proper waste | ||||
| handling and emergency | ||||
| procedures. | ||||
| §273.17(a) | Failure of small | $5,000 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| immediately contain any | ||||
| releases or residues of | ||||
| universal waste. | ||||
| §273.17(b) | Failure of small | $5,000 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| determine if any | ||||
| material resulting from | ||||
| the release of | ||||
| universal waste is | ||||
| hazardous, and to | ||||
| properly manage the | ||||
| waste. | ||||
| §273.18(a) | small quantity handler | $4,500 | NM | |
| of universal waste sent | ||||
| or took universal | ||||
| waste to a place other | ||||
| than another universal | ||||
| waste handler, a | ||||
| destination facility, | ||||
| or a foreign | ||||
| destination. | ||||
| §273.18(b) | Failure of small | $3,000 | M | 30 |
| quantity handler of | ||||
| universal waste who | ||||
| self-transports to | ||||
| comply with the | ||||
| requirements at 40 CFR | ||||
| §273 Subpart D and | ||||
| N.J.A.C. 7:26A-7.4. | ||||
| §273.18(c) | Failure of small | $3,000 | M | 30 |
| quantity handler of | ||||
| universal waste to | ||||
| properly package, label, | ||||
| mark, placard or | ||||
| complete the proper | ||||
| shipping papers for | ||||
| shipments of universal | ||||
| waste which are | ||||
| hazardous materials. | ||||
| §273.18(d) | Failure of the | $4,500 | NM | |
| originating handler to | ||||
| ensure that the | ||||
| receiving handler | ||||
| agrees to accept the | ||||
| universal waste. | ||||
| §273.18(e) | Failure of small | $5,000 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| receive back or agree | ||||
| on an alternate | ||||
| facility for rejected | ||||
| shipments of universal | ||||
| waste. | ||||
| §273.18(f) | Failure of small | $5,000 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| properly reject | ||||
| shipments of universal | ||||
| waste. | ||||
| §273.18(g) | Failure of small | $5,000 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| immediately notify the | ||||
| Department if an | ||||
| illegal shipment of | ||||
| hazardous waste, that | ||||
| was shipped as | ||||
| universal waste, is | ||||
| received. | ||||
| §273.18(h) | Failure of small | $3,000 | M | 30 |
| quantity handler of | ||||
| universal waste | ||||
| receiving non-hazardous, | ||||
| non-universal waste to | ||||
| manage such waste in | ||||
| accordance with N.J.A.C. | ||||
| 7:26. | ||||
| §273.20(a) | Failure of small | $3,000 | M | 30 |
| quantity handler of | ||||
| Universal Waste to | ||||
| comply with the | ||||
| requirements of a | ||||
| primary exporter when | ||||
| shipping universal | ||||
| waste to a foreign | ||||
| destination. | ||||
| §273.20(b) | Small quantity handler | $5,000 | NM | |
| of universal waste | ||||
| exported universal | ||||
| waste without consent | ||||
| of the receiving | ||||
| country and/or not in | ||||
| conformance with EPA | ||||
| Acknowledgement of | ||||
| Consent. | ||||
| §273.20(c) | Failure of small | $3,000 | M | 30 |
| quantity handler of | ||||
| universal waste that | ||||
| exported universal | ||||
| waste to provide a copy | ||||
| of the EPA | ||||
| Acknowledgement of | ||||
| Consent to the | ||||
| transporter. | ||||
| §273.31(a) | Failure of large | $4,500 | NM | |
| quantity handler of | ||||
| Universal Waste to | ||||
| comply with universal | ||||
| waste prohibitions. | ||||
| §273.32(a) | Failure of large | $5,000 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| send a written | ||||
| notification to the | ||||
| Department and/or | ||||
| receive an EPA | ||||
| Identification Number | ||||
| prior to meeting or | ||||
| exceeding the 5,000 kg | ||||
| storage limit. | ||||
| §273.32(b) | Failure of large | $3,000 | M | 30 |
| quantity handler of | ||||
| universal waste to | ||||
| include all information | ||||
| on the written | ||||
| notification to the | ||||
| Department. | ||||
| §273.33(a)1 | Failure of large | $4,500 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| place universal waste | ||||
| batteries which show | ||||
| evidence of leakage, | ||||
| spillage or damage in | ||||
| a container that is | ||||
| closed, structurally | ||||
| sound, compatible with | ||||
| the contents of the | ||||
| batteries, and | ||||
| non-leaking. | ||||
| §273.33(a)2 | Failure of large | $4,500 | NM | |
| quantity handler of | ||||
| universal waste | ||||
| conducting | ||||
| activities not to | ||||
| manage as hazardous | ||||
| waste casings of | ||||
| individual battery | ||||
| cells that have been | ||||
| breached | ||||
| §273.33(a)3 | Failure of Large | $5,000 | NM | |
| quantity Handler of | ||||
| universal waste to | ||||
| determine if removed | ||||
| electrolyte or other | ||||
| solid waste is | ||||
| hazardous and to | ||||
| manage it in compliance | ||||
| with all appropriate | ||||
| regulations. | ||||
| §273.33(b)1 | Failure of Large | $4,500 | NM | |
| quantity Handler of | ||||
| universal waste to | ||||
| place universal waste | ||||
| pesticides in a | ||||
| container that is | ||||
| closed, structurally | ||||
| sound, compatible with | ||||
| the pesticide, and | ||||
| non-leaking. | ||||
| §273.33(b)2 | Failure of Large | $4,500 | NM | |
| quantity Handler of | ||||
| universal waste to | ||||
| overpack containers of | ||||
| universal waste | ||||
| pesticides which did | ||||
| not meet requirements | ||||
| of 40 CFR § 273.33(b)1. | ||||
| §273.33(b)3 | Failure of Large | $3,000 | M | 30 |
| quantity Handler of | ||||
| universal waste to | ||||
| contain universal waste | ||||
| pesticides in a tank | ||||
| which meets the | ||||
| requirements of 40 CFR | ||||
| §265 Subpart J. | ||||
| §273.33(b)4 | Failure of Large | $4,500 | NM | |
| quantity Handler of | ||||
| universal waste to | ||||
| place universal waste | ||||
| pesticides in a | ||||
| transport vehicle or | ||||
| vessel that is closed, | ||||
| structurally sound, | ||||
| compatible with the | ||||
| pesticide, and | ||||
| non-leaking. | ||||
| §273.33(c)1 | Failure of large | $4,500 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| place universal waste | ||||
| mercury containing | ||||
| equipment which contains | ||||
| non-elemental mercury or | ||||
| shows evidence of | ||||
| leakage, spillage or | ||||
| damage in a container that is | ||||
| closed, structurally | ||||
| sound, compatible with | ||||
| the contents of the | ||||
| device, | ||||
| non-leaking. | ||||
| §273.33(c)2i | Failure of large | $4,500 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| remove | ||||
| mercury-containing | ||||
| ampules in a manner | ||||
| designed to prevent | ||||
| breakage of the | ||||
| ampules. | ||||
| §273.33(c)2ii | Failure of large | $4,500 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| remove | ||||
| mercury-containing | ||||
| ampules only over or in | ||||
| a containment device. | ||||
| §273.33(c)2iii | Failure of large | $4,500 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| ensure that a mercury | ||||
| clean-up system is | ||||
| readily available to | ||||
| immediately transfer | ||||
| any mercury, resulting | ||||
| from spills or leaks | ||||
| from broken ampules, | ||||
| from the containment | ||||
| device to a container | ||||
| that meets the | ||||
| requirements of 40 CFR | ||||
| §262.34. | ||||
| §273.33(c)2iv | Failure of Large | $4,500 | NM | |
| quantity Handler of | ||||
| universal waste to | ||||
| immediately transfer | ||||
| any mercury resulting | ||||
| from spills or leaks | ||||
| from broken ampules | ||||
| from the containment | ||||
| device to a container | ||||
| that meets the | ||||
| requirements of 40 CFR | ||||
| §262.34. | ||||
| §273.33(c)2v | Failure of large | $4,500 | NM | |
| quantity Handler of | ||||
| universal waste to | ||||
| ensure that the area in | ||||
| which | ||||
| mercury-containing | ||||
| ampules are removed is | ||||
| well ventilated and | ||||
| monitored to ensure | ||||
| compliance with | ||||
| applicable OSHA | ||||
| permissible exposure | ||||
| levels for mercury. | ||||
| §273.33(c)2vi | Failure of large | $4,500 | NM | |
| quantity Handler of | ||||
| universal waste to | ||||
| ensure that employees | ||||
| removing | ||||
| mercury-containing | ||||
| ampules are thoroughly | ||||
| familiar with proper | ||||
| waste mercury handling | ||||
| and emergency | ||||
| procedures. | ||||
| §273.33(c)2vii | Failure of large | $4,500 | NM | |
| quantity Handler of | ||||
| universal waste to | ||||
| store | ||||
| mercury-containing | ||||
| ampules in closed, | ||||
| non-leaking containers | ||||
| that are in good | ||||
| condition. | ||||
| §273.33(c)2viii | Failure of large | $4,500 | NM | |
| quantity Handler of | ||||
| universal waste to | ||||
| pack mercury-containing | ||||
| ampules in containers | ||||
| with packing materials | ||||
| adequate to prevent | ||||
| breakage during storage, | ||||
| handling, and | ||||
| transportation. | ||||
| §273.33(c)3 | Failure of large | $3,000 | M | 30 |
| quantity Handler of | ||||
| universal waste, who | ||||
| removed the opened | ||||
| original housing holding | ||||
| mercury not contained | ||||
| in an ampule, to | ||||
| immediately see the | ||||
| housing with an | ||||
| air-tight seal, and to | ||||
| follow the requirement | ||||
| under 40 CFR 273.33(c)2 | ||||
| for removing and | ||||
| managing ampules. | ||||
| §273.33(c)4 | Failure of large | $5,000 | NM | |
| quantity handler of | ||||
| universal waste, who | ||||
| removes mercury | ||||
| containing ampules or | ||||
| seals mercury in its | ||||
| original housing, to | ||||
| determine if any waste | ||||
| generated exhibits a | ||||
| characteristic of | ||||
| hazardous waste, and | ||||
| to manage the waste in | ||||
| compliance with all | ||||
| appropriate regulations. | ||||
| §273.33(d)1 | Failure of large | $4,500 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| place universal waste | ||||
| lamps in a container | ||||
| that is closed, | ||||
| structurally sound, | ||||
| compatible with the | ||||
| contents of the lamp, | ||||
| and non-leaking. | ||||
| §273.33(d)2 | Failure of large | $4,500 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| clean up and place any | ||||
| lamp that is broken or | ||||
| that shows evidence of | ||||
| breakage, leakage, or | ||||
| damage that could cause | ||||
| the release of | ||||
| hazardous constituents, | ||||
| in a container that is | ||||
| closed, structurally | ||||
| sound, compatible with | ||||
| the lamp, and | ||||
| non-leaking | ||||
| §273.34(a) | Failure of large | $3,000 | M | 30 |
| quantity handler of | ||||
| universal waste to | ||||
| properly label or mark | ||||
| universal waste | ||||
| batteries or containers | ||||
| of universal waste | ||||
| batteries. | ||||
| §273.34(b) | Failure of large | $3,000 | M | 30 |
| quantity handler of | ||||
| universal waste to | ||||
| properly label or mark | ||||
| containers, tanks, | ||||
| transport vehicles or | ||||
| vessels of recalled | ||||
| universal waste | ||||
| pesticides. | ||||
| §273.34(c) | Failure of large | $3,000 | M | 30 |
| quantity Handler of | ||||
| universal waste to | ||||
| properly label or mark | ||||
| containers, tanks, | ||||
| transport vehicles or | ||||
| vessels of unused | ||||
| universal waste | ||||
| pesticides. | ||||
| §273.34(d) | Failure of large | $3,000 | M | 30 |
| quantity Handler of | ||||
| universal waste mercury | ||||
| containing equipments or | ||||
| containers of universal | ||||
| waste mercury containing | ||||
| equipment. | ||||
| §273.34(e) | Failure of large | $3,000 | M | 30 |
| quantity handler of | ||||
| universal waste to | ||||
| properly label or mark | ||||
| universal waste lamp or | ||||
| or containers of | ||||
| universal waste lamps. | ||||
| §273.35(a)-(b) | large quantity Handler | $5,000 | NM | |
| of universal waste | ||||
| accumulated universal | ||||
| waste for greater than | ||||
| one year, without | ||||
| proving the | ||||
| accumulation was | ||||
| solely for the purpose | ||||
| of facilitating proper | ||||
| recovery, treatment or | ||||
| disposal. | ||||
| §273.35(c) | Failure of large | $4,500 | NM | |
| quantity Handler of | ||||
| universal waste to | ||||
| demonstrate the length | ||||
| of time that the | ||||
| universal waste was | ||||
| accumulated. | ||||
| §273.36 | Failure of large | $4,500 | NM | |
| quantity Handler of | ||||
| universal waste to | ||||
| ensure that all | ||||
| employees are | ||||
| thoroughly familiar | ||||
| with proper waste | ||||
| handling and emergency | ||||
| procedures. | ||||
| §273.37(a) | Failure of large | $5,000 | NM | |
| quantity Handler of | ||||
| universal waste to | ||||
| immediately contain any | ||||
| releases or residues of | ||||
| universal waste. | ||||
| §273.37(b) | Failure of large | $5,000 | NM | |
| quantity Handler of | ||||
| universal waste to | ||||
| determine if any | ||||
| material resulting from | ||||
| the release of | ||||
| universal waste is | ||||
| hazardous, and to | ||||
| properly manage the | ||||
| waste. | ||||
| §273.38(a) | large quantity Handler | $4,500 | NM | |
| of universal waste sent | ||||
| or took universal | ||||
| waste to a place other | ||||
| than another universal | ||||
| waste handler, a | ||||
| destination facility, | ||||
| or a foreign | ||||
| destination. | ||||
| §273.38(b) | Failure of large | $3,000 | M | 30 |
| quantity Handler of | ||||
| universal waste who | ||||
| self-transports to | ||||
| comply with the | ||||
| requirements at 40 CFR | ||||
| §273 Subpart D and N. | ||||
| J.A.C. 7:26A-7.4. | ||||
| §273.38(c) | Failure of large | $3,000 | M | 30 |
| quantity Handler of | ||||
| universal waste to | ||||
| properly package, label, | ||||
| mark, placard or | ||||
| complete the proper | ||||
| shipping papers for | ||||
| shipments of universal | ||||
| waste which are | ||||
| hazardous materials. | ||||
| §273.38(d) | Failure of the | $4,500 | NM | |
| originating handler to | ||||
| ensure that the | ||||
| receiving handler | ||||
| agrees to accept the | ||||
| universal waste. | ||||
| §273.38(e) | Failure of large | $5,000 | NM | |
| quantity Handler of | ||||
| universal waste to | ||||
| receive back or agree | ||||
| on an alternate | ||||
| facility for rejected | ||||
| shipments of universal | ||||
| waste. | ||||
| §273.38(f) | Failure of large | $5,000 | NM | |
| quantity Handler of | ||||
| universal waste to | ||||
| properly reject | ||||
| shipments of universal | ||||
| waste. | ||||
| §273.38(g) | Failure of large | $5,000 | NM | |
| quantity Handler of | ||||
| universal waste to | ||||
| immediately notify the | ||||
| Department if an | ||||
| illegal shipment of | ||||
| hazardous waste, that | ||||
| was shipped as | ||||
| universal waste, is | ||||
| received. | ||||
| §273.38(h) | Failure of large | $3,000 | M | 30 |
| quantity Handler of | ||||
| universal waste | ||||
| receiving non-hazardous, | ||||
| non-universal waste to | ||||
| manage such waste in | ||||
| accordance with N.J.A.C. | ||||
| 7:26. | ||||
| §273.39(a)1 | Failure of large | $3,000 | M | 30 |
| quantity Handler of | ||||
| universal waste to | ||||
| record the name and | ||||
| address of the | ||||
| originating universal | ||||
| waste handler or | ||||
| foreign shipper from | ||||
| whom the universal | ||||
| waste was sent. | ||||
| §273.39(a)2 | Failure of large | $3,000 | M | 30 |
| quantity Handler of | ||||
| universal waste to | ||||
| record the quantity of | ||||
| each type of universal | ||||
| waste received. | ||||
| §273.39(a)3 | Failure of large | $3,000 | M | 30 |
| quantity Handler of | ||||
| universal waste to | ||||
| record the date of | ||||
| receipt of the shipment | ||||
| of universal waste. | ||||
| §273.39(b)1 | Failure of large | $3,000 | M | 30 |
| quantity Handler of | ||||
| universal waste to | ||||
| record the name and | ||||
| address of the | ||||
| universal waste handler, | ||||
| destination facility, | ||||
| or foreign destination | ||||
| to whom universal waste | ||||
| was sent. | ||||
| §273.39(b)2 | Failure of large | $3,000 | M | 30 |
| quantity Handler of | ||||
| universal waste to | ||||
| record the quantity of | ||||
| each type of universal | ||||
| waste sent. | ||||
| §273.39(b)3 | Failure of large | $3,000 | M | 30 |
| quantity Handler of | ||||
| universal waste to | ||||
| record the date the | ||||
| shipment of universal | ||||
| waste left the facility. | ||||
| §273.39(c) | Failure of large | $3,000 | M | 30 |
| quantity Handler of | ||||
| universal waste to | ||||
| retain the records for | ||||
| at least three years. | ||||
| §273.40(a) | Failure of large | $3,000 | M | 30 |
| quantity Handler of | ||||
| universal waste to | ||||
| comply with the | ||||
| requirements of a | ||||
| primary exporter when | ||||
| shipping universal | ||||
| waste to a foreign | ||||
| destination. | ||||
| §273.40(b) | large quantity Handler | $5,000 | NM | |
| of universal waste | ||||
| exported universal | ||||
| waste without consent | ||||
| of the receiving | ||||
| country and/or not in | ||||
| conformance with EPA | ||||
| Acknowledgement of | ||||
| Consent. | ||||
| §273.40(c) | Failure of large | $3,000 | M | 30 |
| quantity Handler of | ||||
| universal waste that | ||||
| exported universal | ||||
| waste to provide a copy | ||||
| of the EPA | ||||
| Acknowledgement of | ||||
| Consent to the | ||||
| transporter. | ||||
| §273.51 | Failure of universal | $4,500 | NM | |
| waste Transporter to | ||||
| comply with universal | ||||
| waste prohibitions. | ||||
| §273.52(a) | Failure of universal | $4,500 | NM | |
| waste Transporter to | ||||
| comply with USDOT | ||||
| requirements for | ||||
| universal waste which | ||||
| meets the definition of | ||||
| a hazardous material. | ||||
| §273.52(b) | universal waste | $3,000 | M | 30 |
| Transporter described a | ||||
| universal waste with | ||||
| the words hazardous | ||||
| waste or N.O.S. or | ||||
| included the word waste | ||||
| in the shipping | ||||
| description. | ||||
| §273.53 | universal waste | $4,500 | NM | |
| Transporter stored | ||||
| universal waste at a | ||||
| transfer facility for | ||||
| greater than 10 days | ||||
| without being in | ||||
| compliance subpart B | ||||
| or C of 40 CFR § 273. | ||||
| §273.54(a) | Failure of universal | $5,000 | NM | |
| waste Transporter to | ||||
| immediately contain | ||||
| any releases or | ||||
| residues of universal | ||||
| waste. | ||||
| §273.54(b) | Failure of universal | $5,000 | NM | |
| waste Transporter to | ||||
| determine if any | ||||
| material resulting from | ||||
| the release of | ||||
| universal waste is | ||||
| hazardous, and to | ||||
| properly manage the | ||||
| waste. | ||||
| §273.55(a) | universal waste | $5,000 | NM | |
| Transporter sent or | ||||
| took universal waste | ||||
| to a place other than | ||||
| another universal waste | ||||
| handler, a destination | ||||
| facility, or a foreign | ||||
| destination. | ||||
| §273.55(b) | Failure of universal | $3,000 | M | 30 |
| waste Transporter to | ||||
| properly describe, on | ||||
| the shipping paper, any | ||||
| universal waste that | ||||
| meets the definition | ||||
| of a hazardous material. | ||||
| §273.56 | universal waste | $5,000 | NM | |
| Transporter accepted a | ||||
| shipment of universal | ||||
| waste, to be shipped to | ||||
| a foreign destination, | ||||
| knowing the shipment | ||||
| did not conform to the | ||||
| EPA Acknowledgement of | ||||
| Consent. | ||||
| §273.56(a) | Failure of universal | $3,000 | M | 30 |
| waste Transporter | ||||
| exporting universal | ||||
| waste to ensure that a | ||||
| copy of the EPA | ||||
| Acknowledgement of | ||||
| Consent accompanied | ||||
| the shipment. | ||||
| §273.56(b) | Failure of universal | $5,000 | NM | |
| waste Transporter | ||||
| exporting universal | ||||
| waste to ensure that | ||||
| the waste was delivered | ||||
| to the facility | ||||
| designated by the | ||||
| person initiating the | ||||
| shipment. | ||||
| §273.60(a) | Failure of owner or | $3,000 | M | 30 |
| operator of a universal | ||||
| waste Destination | ||||
| Facility to comply with | ||||
| the requirements of 40 | ||||
| CFR Parts §§124, 264 | ||||
| through 266 and 270, as | ||||
| incorporated by | ||||
| reference at N.J.A.C. | ||||
| 7:26G, and the | ||||
| notification | ||||
| requirement under | ||||
| Section 3010 of RCRA. | ||||
| §273.60(b) | Failure of owner or | $3,000 | M | 30 |
| operator of a universal | ||||
| waste Destination | ||||
| Facility, that recycles | ||||
| a particular universal | ||||
| waste without storing | ||||
| that universal waste | ||||
| before it is recycled, | ||||
| to comply with 40 CFR | ||||
| §261.6(c)(2) as | ||||
| incorporated by | ||||
| reference at N.J.A.C. | ||||
| 7:26G-5. | ||||
| §273.61(a) | Owner or operator of a | $5,000 | NM | |
| universal waste | ||||
| Destination Facility | ||||
| sent or took universal | ||||
| waste to a place other | ||||
| than a universal waste | ||||
| handler, another | ||||
| destination facility or | ||||
| foreign destination. | ||||
| §273.61(b) | Failure of owner or | $5,000 | NM | |
| operator of a universal | ||||
| waste Destination | ||||
| Facility to properly | ||||
| reject shipments of | ||||
| universal waste. | ||||
| §273.61(c) | Failure of owner or | $5,000 | NM | |
| operator of a universal | ||||
| waste Destination | ||||
| Facility to immediately | ||||
| notify the Department | ||||
| if an illegal shipment | ||||
| of hazardous waste, | ||||
| that was shipped as | ||||
| universal waste, is | ||||
| received. | ||||
| §273.62(a)1 | Failure of owner of | $3,000 | M | 30 |
| operator of a universal | ||||
| waste Destination | ||||
| Facility to record the | ||||
| name and address of the | ||||
| originating universal | ||||
| waste handler or | ||||
| foreign shipper from | ||||
| whom the universal | ||||
| waste was sent. | ||||
| §273.62(a)2 | Failure of owner of | $3,000 | M | 30 |
| operator of a universal | ||||
| waste Destination | ||||
| Facility to record the | ||||
| quantity of each type | ||||
| of universal waste | ||||
| received. | ||||
| §273.62(a)3 | Failure of owner or | $3,000 | M | 30 |
| operator of a universal | ||||
| waste Destination | ||||
| Facility to record the | ||||
| date of receipt of the | ||||
| shipment of universal | ||||
| waste. | ||||
| §273.62(b) | Failure of owner or | $3,000 | M | 30 |
| operator of a universal | ||||
| waste Destination | ||||
| Facility to keep | ||||
| records for three years. | ||||
| §273.70 | Failure of universal | $3,000 | M | 30 |
| waste Transporter, | ||||
| managing universal | ||||
| waste that was imported | ||||
| from a foreign country, | ||||
| to comply with the | ||||
| requirements of 40 CFR | ||||
| §273 Subpart D | ||||
| immediately after waste | ||||
| was received in the | ||||
| United States. | ||||
| §273.70(b) | Failure of Small or | $3,000 | M | 30 |
| large quantity Handlers | ||||
| of universal waste, | ||||
| managing universal | ||||
| waste that was imported | ||||
| from a foreign country, | ||||
| to comply with the | ||||
| requirements of 40 CFR | ||||
| §273 Subpart B or C | ||||
| after waste was | ||||
| received in the United | ||||
| States. | ||||
| §273.70(c) | Failure of owner or | $3,000 | M | 30 |
| operator of a universal | ||||
| waste Destination | ||||
| Facility, managing | ||||
| universal waste that | ||||
| was imported from a | ||||
| foreign country, to | ||||
| comply with the | ||||
| requirements of 40 CFR | ||||
| §273 Subpart E after | ||||
| waste is received in | ||||
| the United States. |
6. The violations of N.J.A.C. 7:26A-7, Standards for the management of Universal Waste, the type of violation as minor (M) or non-minor (NM), the applicable grace period if the violation is minor, and the civil base administrative penalty for each violation, are as set forth in the following table.
| Rule | Rule Summary | Base | Type of | Grace |
|---|---|---|---|---|
| ---- | ----------- | Penalty | Violation | Period |
| ------ | --------- | (days) | ||
| ----- | ||||
| N.J.A.C. | ||||
| 7:26A-7.4(b)1 | Failure of small | $4,500 | NM | |
| quantity handler of | ||||
| universal waste to | ||||
| place a consumer | ||||
| electronic that shows | ||||
| evidence of leakage, | ||||
| spillage, or damage that | ||||
| could cause leakage, in a | ||||
| container that is closed, | ||||
| structurally sound, | ||||
| compatible with the | ||||
| consumer electronic, and | ||||
| non-leaking. | ||||
| 7:26A-7.4(b)2 | Small quantity handler of | $4,500 | NM | |
| universal waste | ||||
| disassembled a consumer | ||||
| electronic in a manner | ||||
| that constituted | ||||
| processing or treatment. | ||||
| 7:26A-7.4(b)3 | Failure of small quantity | $5,000 | NM | |
| handler of universal waste | ||||
| who generates a solid | ||||
| waste, as the result of | ||||
| performing activities, to | ||||
| determine if the waste | ||||
| is hazardous. | ||||
| 7:26A-7.4(c) | Failure of small quantity | $3,000 | M | 30 |
| handler of universal waste | ||||
| to manage oil-based | ||||
| finishes, in its original | ||||
| or otherwise appropriate | ||||
| and labeled packaging. | ||||
| 7:26A-7.4(c)1 | Failure of small quantity | $4,500 | NM | |
| handler of universal waste | ||||
| to place any universal | ||||
| waste oil-based finish | ||||
| that shows evidence of | ||||
| leakage, spillage, | ||||
| or damage that could cause | ||||
| leakage, into a container | ||||
| that is closed, | ||||
| structurally sound, | ||||
| compatible with the | ||||
| contents of the oil-based | ||||
| finish, and non-leaking. | ||||
| 7:26A-7.4(c)2 | Small quantity handler of | $4,500 | NM | |
| universal waste to | ||||
| handled universal waste | ||||
| oil-based finishes in a | ||||
| manner that constituted | ||||
| processing. | ||||
| 7:26A-7.5(b)1 | Failure of large quantity | $4,500 | NM | |
| handler of universal waste | ||||
| to place any consumer | ||||
| electronic that shows | ||||
| evidence of leakage, | ||||
| spillage, or damage that | ||||
| could cause leakage, in a | ||||
| container that is closed, | ||||
| structurally sound, | ||||
| compatible with the | ||||
| contents of the consumer | ||||
| electronics, and | ||||
| non-leaking. | ||||
| 7:26A-7.5(b)2 | Large quantity handler of | $4,500 | NM | |
| universal waste conducted | ||||
| disassembling or | ||||
| processing on consumer | ||||
| electronics without | ||||
| applying for a Class D | ||||
| approval. | ||||
| 7:26A-7.5(c) | Failure of large quantity | $3,000 | M | 30 |
| handler of universal waste | ||||
| to manage universal | ||||
| waste finishes in its | ||||
| original packaging. | ||||
| 7:26A-7.5(c)2 | Failure of large quantity | $4,500 | NM | |
| handler of universal | ||||
| waste to place any | ||||
| universal waste finish | ||||
| that shows evidence of | ||||
| leakage, spillage, or | ||||
| damage that could cause | ||||
| leakage in a container | ||||
| that is closed, | ||||
| structurally sound, | ||||
| compatible with the | ||||
| contents of the universal | ||||
| waste finish, and | ||||
| non-leaking. | ||||
| 7:26A-7.5(c)3 | Large quantity handler of | $4,500 | NM | |
| universal waste conducted | ||||
| disassembling or | ||||
| processing activities on | ||||
| universal waste finishes | ||||
| without applying for a | ||||
| Class D approval. | ||||
| 7:26A-7.5(d) | Failure of large quantity | $3,000 | M | 30 |
| handler of universal waste | ||||
| to submit a report to | ||||
| the Department documenting | ||||
| the types and amounts of | ||||
| universal waste which | ||||
| were received, stored and | ||||
| shipped in the preceding | ||||
| calendar year. | ||||
| 7:26A-7.7(a) | Failure to accumulate | $3,000 | M | 30 |
| universal waste consumer | ||||
| eluniversal waste | ||||
| ectronics devices in a | ||||
| closed container that is | ||||
| clearly marked with the | ||||
| words Universal | ||||
| Waste-Consumer | ||||
| Electronics. | ||||
| 7:26A-7.7(b) | Failure to mark a | $3,000 | M | 30 |
| container, tank, transport | ||||
| vehicle or other vessel in | ||||
| which oil-based waste | ||||
| finishes are contained, | ||||
| with the words Universal | ||||
| Waste-Oil-Based Finish. |
7. The violations of N.J.A.C. 7:26A-8, Requirements for Transporters of Source Separated Materials, the type of violation as minor (M) or non-minor (NM), the applicable grace period if the violation is minor, and the civil administrative base penalty for each violation are as set forth in the following table.
| Rule | Rule Summary | Base | Type of | Grace |
|---|---|---|---|---|
| ---- | ------------ | Penalty | Violation | Period |
| ------ | -------- | (days) | ||
| ------ | ||||
| N.J.A.C. | ||||
| 7:26A-8.1 | Failure by a transporter of | $3,000 | M | 30 |
| recyclable materials to provide a | ||||
| recycling tonnage report by February | ||||
| 1 of each year. | ||||
| 7:26A-8.3 | Failure of transporter to not mix | $4,500 | NM | |
| source-separated recyclables with | ||||
| other wastes. |
8. The violations of N.J.A.C. 7:26A-10, Standards for Generators of Source Separated Recyclable Materials, the type of violation as minor (M) or non-minor (NM), the applicable grace period if the violation is minor, and the civil administrative base penalty for each violation are as set forth in the following table.
| Rule | Rule Summary | Base | Type of | Grace |
|---|---|---|---|---|
| ---- | ------------ | Penalty | Violation | Period |
| ------- | -------- | (days) | ||
| ------ | ||||
| N.J.A.C. | ||||
| 7:26A-10.2 | Failure of generator to | $3,000 | M | 30 |
| separate,store, and set out | ||||
| waste in accordance with the | ||||
| municipal recycling | ||||
| ordinance. | ||||
| 7:26A-10.4(a)1 | Failure of generator to | $3,000 | M | 30 |
| approval from governing | ||||
| municipality for alternate | ||||
| recycling of | ||||
| non-source-separated waste. | ||||
| 7:26A-10.4(a)2 | Failure of generator to | $3,000 | M | 30 |
| provide annual written | ||||
| documentation to the | ||||
| municipality of the total | ||||
| number of tons recycled. | ||||
| 7:26A-10.4(b) | Failure of generator to | $3,000 | M | 30 |
| show letter of exemption to | ||||
| enforcement officers or | ||||
| municipal recycling | ||||
| coordinator. |
9. The violations of N.J.A.C. 7:26A-11, Standards for Municipalities, the type of violation as minor (M) or non-minor (NM), the applicable grace period if the violation is minor, and the civil administrative base penalty for each violation are as set forth in the following table.
| Rule | Rule Summary | Base | Type of | Grace |
|---|---|---|---|---|
| ---- | ------------ | Penalty | Violation | Period |
| ------- | -------- | (days) | ||
| ------ | ||||
| N.J.A.C. | ||||
| 7:26A-11.1(a) | Failure of municipality to | $3,000 | M | 90 |
| designate a recycling | ||||
| coordinator. | ||||
| 7:26A-11.1(b) | Failure of municipality to | $3,000 | M | 90 |
| adopt a recycling ordinance | ||||
| containing required components | ||||
| 7:26A-11.2(a) | Failure of municipality to | $3,000 | M | 30 |
| comply with recordkeeping and | ||||
| annual reporting requirements. | ||||
| 7:26A-11.3 | Failure of municipality to | $3,000 | M | 30 |
| notify persons occupying | ||||
| residential, commercial, and | ||||
| institutional premises | ||||
| within its municipal | ||||
| boundaries of local recycling | ||||
| opportunities, and the | ||||
| source separation requirements | ||||
| of the ordinance. | ||||
| 7:26A-11.4(a) | Failure of municipality to | $3,000 | M | 30 |
| oversee collection of | ||||
| designated materials or | ||||
| to provide for collection in | ||||
| instances where collection is | ||||
| not otherwise provided. | ||||
| 7:26A-11.4(c) | Failure of municipality | $3,000 | M | 30 |
| governing bodyto review master | ||||
| and revise master plan. | ||||
| 7:26A-11.4(c) | Failure of municipality to | $3,000 | M | 30 |
| include in master plan | ||||
| provisions for recycling | ||||
| at developments with 50 or | ||||
| more units of single-family | ||||
| residential housing or 25 or | ||||
| more units of multi-family | ||||
| residential housing and any | ||||
| commercial or industrial | ||||
| development proposal for the | ||||
| utilization of 1,000 square | ||||
| feet. | ||||
| 7:26A-11.5(a)1 | Failure of municipal | $3,000 | M | 30 |
| through 5 | coordinator to review the | |||
| applicant's documentation of | ||||
| alternative provisions for | ||||
| recycling of designated | ||||
| materials prior to issuing an | ||||
| exemption | ||||
| 7:26A-11.5(a)7 | Failure of municipality to | $4,500 | NM | |
| revoke exemption to generator | ||||
| upon failure to meet | ||||
| requirements. |
10. The violations of N.J.A.C. 7:26A-12, Standards for Counties, the type of violation as minor (M) or non-minor (NM), the applicable grace period if the violation is minor, and the civil administrative base penalty for each violation are as set forth in the following table.
| Rule | Rule Summary | Base | Type of | Grace |
|---|---|---|---|---|
| ----- | ----------- | Penalty | Violation | Period |
| ------- | --------- | (days) | ||
| ------ | ||||
| N.J.A.C. | ||||
| 7:26A-12.2(a) | Failure of designated | $3,000 | M | 90 |
| implementation agency to prepare | ||||
| a district solid | ||||
| waste management plan and county | ||||
| recycling plan or to update this | ||||
| plan as required. | ||||
| 7:26A-12.2(b) | Failure of county recycling plan | $3,000 | M | 30 |
| to include a strategy for the | ||||
| collection, marketing and | ||||
| disposition of designated source | ||||
| separated recyclable materials. | ||||
| 7:26A-12.3(a)1 | Failure of county recycling | $3,000 | M | 30 |
| coordinator to maintain contact | ||||
| information for all recycling | ||||
| coordinators. | ||||
| 7:26A-12.3(a)2 | Failure of county recycling | $3,000 | M | 30 |
| coordinator to maintain records | ||||
| regarding the issuance, by each | ||||
| municipal governing body, of the | ||||
| exemption from the source | ||||
| separation issued pursuant to | ||||
| 7:26A-11.5. | ||||
| N.J.A.C. 7:26A-12.3(a)3 | Failure of county recycling | $3,000 | M | 30 |
| coordinator to maintain copies of | ||||
| all municipal recycling | ||||
| ordinances and ensure that these | ||||
| ordinances are consistent with | ||||
| the county recycling plan. | ||||
| 7:26A-12.3(a)4 | Failure of county recycling | $3,000 | M | 30 |
| coordinator to meet with all | ||||
| municipal recycling coordinators, | ||||
| at least annually, to determine | ||||
| progress toward meeting the | ||||
| recycling goals of the county | ||||
| recycling 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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