Current through Register Vol. 56, No. 6, March 18, 2024
(a) This section governs the initiation of enforcement actions and the imposition of civil penalties for violations of the Noise Control Act, 13:1G-1 et seq., and these rules.
(b) If any person violates any provision of the Noise Control Act, 13:1G-1 et seq., these rules, or an order issued pursuant thereto, the authorized enforcement agency may institute an action in a court of competent jurisdiction for injunctive relief to prohibit and prevent such violation or violations and the said court may proceed in the action in a summary manner.
(c) Any person who violates any provision of the Noise Control Act, 13:1G-1 et seq., these rules, or an order issued pursuant thereto shall be subject, upon order of a court, to a civil penalty of not more than $ 3,000 for each offense and each day during which the violation continues shall constitute an additional, separate and distinct offense.
(d) Upon identification of a violation of the Noise Control Act, 13:1G-1 et seq., these rules, or an order issued pursuant thereto, the authorized enforcement agency shall issue an enforcement document to the violator. The enforcement document may be sent to the violator by certified mail, return receipt requested. The enforcement document shall:
1. Identify the condition or activity that constitutes the violation and the specific provision of the Act, rule or order that has been violated;
2. Indicate whether the violator has a period of time to correct the violation before a penalty is sought, as follows:
i. If the violation is deemed by the authorized enforcement agency to be a minor violation pursuant to (f) below, notify the violator that the activity or condition which constitutes the violation must be corrected and compliance achieved within 30 days or, at the discretion of the authorized enforcement agency, any other reasonable period of time, not to exceed 180 days, to be determined based upon the nature and extent of the violation and a reasonable estimate of the time needed to correct the violation. The violator may request, from the authorized enforcement agency, an extension of the compliance deadline in the enforcement action and the authorized enforcement agency shall approve any reasonable request for an extension if the violator can demonstrate that a good faith effort has been made to achieve compliance;
ii. If the violation is not deemed by the authorized enforcement agency to be a minor violation pursuant to (f) below, notify the violator that he or she will not be allowed a period of time to correct the violation before a penalty is sought.
3. Notify the violator that he or she may be liable to a civil penalty of no more than $ 3,000 for the violation that is the subject of the enforcement document; and
4. If the violation is deemed by the authorized enforcement agency to be a minor violation pursuant to (f) below, notify the violator that if he or she achieves compliance within the period of time specified in the enforcement document, the authorized enforcement agency shall not seek to collect a civil penalty from the violator for that violation.
(e) The authorized enforcement agency may seek injunctive relief and/or a penalty for a violation of the Act, these rules, or an order issued pursuant thereto:
1. If the violator does not correct the minor violation within the period of time specified in the enforcement document initiated pursuant to (d) above; or
2. If the violation is not considered a minor violation pursuant to (f) below.
(f) A violation shall be considered a minor violation if:
1. The violation is not the result of the purposeful, reckless or criminally negligent conduct of the violator; and
2. The activity or condition constituting the violation has not been the subject of an enforcement action by the authorized enforcement agency against the violator within the immediately preceding 12 months.
(g) Any claim for a civil penalty may be compromised and settled based on the following factors:
1. Mitigating or any other extenuating circumstances;
2. The timely implementation by the violator of measures which lead to compliance;
3. The conduct of the violator; and
4. The compliance history of the violator.
