New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 7 - COASTAL PERMIT PROGRAM RULES
Subchapter 29 - ENFORCEMENT
Section 7:7-29.6 - Civil administrative penalties for violations other than failure to obtain a permit prior to conducting regulated activities
Current through Register Vol. 56, No. 6, March 18, 2024
(a) For violations other than failure to obtain a permit prior to conducting regulated activities, the Department may, in its discretion, assess a civil administrative penalty pursuant to this section of not more than $ 25,000 for each violation of 13:19-1 et seq., 12:5-1 et seq., and/or 13:9A-1 et seq., or any regulation, rule, permit, condition, or order adopted or issued by the Department pursuant thereto. The Department shall assess penalties under this section rather than under 7:7-29.5 when 7:7-29.5 is not applicable to the violation.
(b) Each violation of 13:19-1 et seq., 12:5-1 et seq., and/or 13:9A-1 et seq., or any regulation, rule, permit, condition, or order adopted or issued by the Department pursuant thereto, shall constitute an additional, separate, and distinct violation.
(c) Where any requirement of 13:19-1 et seq., 12:5-1 et seq., and/or 13:9A-1 et seq., or any regulation, rule, permit, condition, or order adopted or issued by the Department pursuant thereto, may pertain to more than one act, condition, or occurrence, the failure to comply with such requirement as it pertains to each such act, condition, or occurrence shall constitute an additional, separate, and distinct violation.
(d) To assess a civil administrative penalty pursuant to this section, the Department shall use the two factors described at (e) and (f) below, seriousness and conduct, to determine the amount of the base daily civil administrative penalty. The applicable daily penalty amount is determined using the base daily penalty matrix in the table below, based on the seriousness of the violation determined pursuant to (e) below and the conduct of the violator determined pursuant to (f) below:
Base Daily Penalty Matrix
SERIOUSNESS | |||
Major | Moderate | Minor | |
Major | $ 25,000 | $ 15,000 | $ 10,000 |
CONDUCT | |||
Moderate | $ 15,000 | $ 7,500 | $ 5,000 |
Minor | $ 10,000 | $ 5,000 | $ 1,000 |
(e) The seriousness of the violation shall be determined as major, moderate, or minor as follows:
(f) The conduct of the violator shall be determined as major, moderate, or minor as follows:
(g) The total civil administrative penalty shall be the daily civil administrative penalty determined under (d) through (f) above, multiplied by the number of calendar days during which each violation continued or remained in place without the required permit.
(h) 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.