New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 30 - PESTICIDE CONTROL CODE
Subchapter 11 - ENFORCEMENT AND REQUESTS FOR ADJUDICATORY HEARINGS
Section 7:30-11.1 - Purpose and general provisions

Universal Citation: NJ Admin Code 7:30-11.1

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

(a) This subchapter governs the Department's assessment of civil administrative penalties, and commencement of a civil or criminal action for violations of the Act. This subchapter also governs the procedures for requesting an adjudicatory hearing on a notice of civil administrative penalty assessment or an administrative order.

(b) Nothing in this subchapter is intended to affect the Department's authority to revoke or suspend any permit, license, or other operating authority issued under the Act. Specifically, the Department may revoke or suspend a permit, license, certification, or other operating authority, without regard to whether a civil administrative penalty has been or will be assessed pursuant to this subchapter.

(c) Neither the assessment of a civil administrative penalty nor the payment of same shall be deemed to affect the availability to the Department of any other enforcement provision provided for by the Act, or any other statute, in connection with the violation for which the assessment is levied.

(d) For purposes of this subchapter, any person who undertakes or performs an obligation imposed upon another person pursuant to the Act, including any rule promulgated, and any administrative order, permit, license, certification, or other operating authority issued pursuant to the Act, may at the discretion of the Department be subject to a civil administrative penalty pursuant to this subchapter in the same manner and in the same amount as the person to which the obligation was initially imposed.

(e) Each violation of the Act, or violation of any rule promulgated, any administrative order, permit, license, or other operating authority issued pursuant to the Act, shall constitute an additional, separate, and distinct violation.

(f) Each day during which a violation continues shall constitute an additional, separate, and distinct violation.

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