New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES
Subchapter 13 - ENFORCEMENT
Section 7:38-13.12 - Economic benefit

Universal Citation: NJ Admin Code 7:38-13.12

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

(a) The Department may add to a civil administrative penalty assessed under this subchapter the amount of economic benefit in dollars that the violator has realized as the result of not complying, or by delaying compliance with, a rule and/or order. However, the total penalty assessed against the violator shall not exceed the maximum allowable amount pursuant to 7:38-13.5.

(b) If a violator's economic benefit was derived from more than one violation, the Department shall apportion the total economic benefit among the violations from which it was derived, so as to increase each civil administrative penalty to an amount no greater than the maximum allowed at 7:38-13.5.

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