New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 27A - AIR ADMINISTRATIVE PROCEDURES AND PENALTIES
Subchapter 3 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS
Section 7:27A-3.9 - Civil administrative penalty for failure to provide information or test data or to maintain a permanent record of information or test data

Universal Citation: NJ Admin Code 7:27A-3.9

Current through Register Vol. 56, No. 18, September 16, 2024

(a) The Department may assess a civil administrative penalty against each violator who fails to provide the Department with or who fails to maintain a permanent record of information regarding smoke, opacity, or emission data; any other stack or test data; or any other records or information required by the Department pursuant to the Act or any rule, administrative order, operating certificate, registration requirement or permit issued pursuant thereto.

(b) Each day smoke, opacity or emission data; any other stack or test data; or any other records or information required by the Department pursuant to the Act or any rule, administrative order, operating certificate, registration requirement or permit issued pursuant thereto is not provided after it is due, or is not maintained, shall constitute an additional, separate and distinct offense.

(c) Except as provided in 7:27A-3.10, the amount of the civil administrative penalty for offenses described in this section shall be as provided at (c)1 through 3 below. The grace period for these minor violations, if applicable in accordance with 7:27A-3.10(q) through (t), is 30 days.

1. For the nonsubmittal of or the failure to maintain records of any smoke, opacity or emission data:

i. $ 2,000 for the first offense;

ii. $ 4,000 for the second offense;

iii. $ 10,000 for the third offense; and

iv. $ 30,000 for the fourth and each subsequent offense.

2. For the nonsubmittal of or the failure to maintain records of any stack or test data not included in (c)1 above:

i. $ 1,000 for the first offense;

ii. $ 2,000 for the second offense;

iii. $ 5,000 for the third offense; and

iv. $ 15,000 for the fourth and each subsequent offense.

3. For the nonsubmittal of or the failure to maintain any records or information not included in (c)1 or 2 above:

i. $ 500.00 for the first offense;

ii. $ 1,000 for the second offense;

iii. $ 2,500 for the third offense; and

iv. $ 7,500 for the fourth and each subsequent offense.

(d) The Department may, in its discretion, treat an offense as a first offense solely for civil administrative penalty determination purposes, if the violator has not committed the same offense in the five years immediately preceding the date of the pending offense.

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