New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES
Subchapter 9 - ENFORCEMENT
Section 7:26C-9.6 - Penalty adjustment factors
Universal Citation: NJ Admin Code 7:26C-9.6
Current through Register Vol. 56, No. 6, March 18, 2024
(a) For violations that meet the criteria set forth at 7:26C-9.5(a)4, the Department may adjust the base penalty listed in the table at 7:26C-9.5(c) based on the following factors:
1. The Department may increase the amount of the penalty based on the compliance history of the violator as follows:
i. The second time that the same violation occurs, the Department may increase the amount of the penalty by a factor of two; and
ii. The third time the violation occurs and for each subsequent occurrence, the Department may increase the penalty by a factor of five.
2. The Department may increase the penalty by up to 100 percent if the violation is the result of any intentional, deliberate, purposeful, knowing or willful act or omission by the violator.
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