New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 7 - COASTAL PERMIT PROGRAM RULES
Subchapter 29 - ENFORCEMENT
Section 7:7-29.5 - Civil administrative penalties for failure to obtain a permit prior to conducting regulated activities
Current through Register Vol. 56, No. 6, March 18, 2024
(a) For the failure to obtain a permit prior to conducting regulated activities, the Department may assess a civil administrative penalty pursuant to this section of not more than $ 25,000 for each violation of 7:7-2.2, 2.3, or 2.4. For the purposes of this section, a permit shall mean an authorization under a general permit-by-certification, authorization under a general permit, individual permit, emergency authorization, letter of authorization, memorandum of agreement, or other written authorization, or other approval issued pursuant to 13:19-1 et seq., 12:5-1 et seq., or 13:9A-1 et seq.
(b) Each violation of N.J.A.C. 7:7-2.2, 2.3, and 2.4, shall constitute an additional, separate, and distinct violation.
(c) Each day during which the violation continues or remains in place without the required permit shall constitute an additional, separate, and distinct offense.
(d) To assess a civil administrative penalty pursuant to this section, the Department shall identify the civil administrative base penalty within the table in (f) below by determining the number of points pursuant to (e) below. The civil administrative penalty shall be the amount within the table in (f) below, unless adjusted pursuant to (g) and/or (h) below.
(e) The Department shall use the two factors described in (e)1 and 2 below to determine the number of points assigned to each violation.
(f) The Department shall sum the total points assigned according to the two factors in (e) above, and shall determine the base penalty amount per day using the following table:
Base Penalty Points Table
Points | Base Penalty |
1-3 | $ 500 |
4-6 | $ 1,000 |
7-8 | $ 2,000 |
9-10 | $ 3,000 |
11-12 | $ 6,000 |
13-14 | $ 8,000 |
15-16 | $ 10,000 |
17-19 | $ 15,000 |
20-22 points | $ 20,000 |
23 or more | $ 25,000 |
(g) The Department shall adjust the amount of the base penalty assessed pursuant to (f) above based upon the mitigating penalty component as calculated in (g)1i or ii below, if applicable.
Mitigating Factor | Multiplier |
i Where the nature, timing, and effectiveness of any measures taken by the violator to remove the unauthorized development and to mitigate the effects of the violation for which the penalty is being assessed results in compliance within 30 calendar days of receipt of the notice of violation from the Department; or | 0.50 |
ii Where a complete application is submitted within 30 calendar days of receipt of the notice of the violation from the Department and a permit is subsequently obtained for the unauthorized development without the need of any modification, mitigation or restoration. | 0.50 |
(h) The Department may, in its discretion, adjust the amount of any penalty assessed pursuant to (f) and, where applicable, (g) above based upon any or all of the factors listed in (h)1 through 4 below. No such factor constitutes a defense to any violation. The factors are:
(i) Notwithstanding the maximum civil administrative penalty of $ 25,000 pursuant to this subsection, 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, an applicable law and/or condition.