New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM
Subchapter 11 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS
Section 7:31-11.2 - Procedures for issuance of administrative orders and assessment of civil administrative penalties and payment of such penalties

Universal Citation: NJ Admin Code 7:31-11.2

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

(a) For violation of the Act or any rule, consent agreement, information request, access request, or order promulgated or issued pursuant to the Act, the Department shall, by issuance of an administrative order and/or notice of civil administrative penalty assessment, notify the violator using certified mail (return receipt requested) or personal service. The Department may, in its discretion, require cessation of violation and/or assess a civil administrative penalty for more than one offense in a single administrative order and/or notice of civil administrative penalty assessment or in multiple administrative orders and/or notices of civil administrative penalty assessment. This administrative order and/or notice of civil administrative penalty assessment shall:

1. Identify the section of the Act, rule, consent agreement, information request, or access request, or order violated;

2. Concisely state the facts which constitute the violation;

3. For any violation still continuing, order such violation to cease;

4. Specify the amount of the civil administrative penalty to be imposed, if any; and

5. Advise the violator of the right to request an adjudicatory hearing pursuant to the procedures in 7:31-11.3.

(b) Payment of the civil administrative penalty is due and compliance with the terms of an administrative order is required upon receipt by the violator of the Department's final order in a contested case or when an administrative order and/or a notice of civil administrative penalty assessment otherwise becomes a final order, as follows:

1. If no hearing is requested pursuant to 7:31-11.3 or the Department does not receive a hearing request within 20 calendar days, the administrative order and/or notice of civil administrative penalty assessment becomes a final order and is deemed received on the 21st calendar day following receipt by the violator of the administrative order and/or notice of civil administrative penalty assessment;

2. If the Department denies the hearing request pursuant to 7:31-11.3(e), an administrative order and/or notice of civil administrative penalty assessment becomes a final order upon the violator's receipt, by certified mail or personal service, of notice of such denial; or

3. If an adjudicatory hearing is conducted, an administrative order and/or notice of civil administrative penalty assessment becomes a final order upon receipt by the violator of a final order in a contested case.

(c) Any person who violates any provision of 13:1K-22 through 13:1K-26 or any rule, regulation, or order promulgated or a court order issued pursuant thereto, or who fails to pay a civil administrative penalty in full is subject, upon order of the court, to a civil penalty not to exceed $ 10,000 per day of the violation, and each day's continuance of the violation constitutes a separate and distinct violation. Any penalty imposed under this subsection may be recovered with cost in a summary proceeding before the Superior Court and pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq.

(d) The Department may, in its discretion, settle any civil administrative penalty assessed pursuant to 7:31-11.4 according to the following factors provided that these factors were not already considered during the assessment of the penalty:

1. Mitigating or extenuating circumstances;

2. The timely implementation by the violator of measures leading to compliance;

3. The full payment by the violator of a specified part of the civil administrative penalty assessed if made within a time period established by the Department in an administrative order and/or notice of civil administrative penalty assessment and provided that the violator waives the right to request an adjudicatory hearing on the civil administrative penalty; or

4. Any other terms or conditions acceptable to the Department.

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