New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES
Subchapter 22 - ENFORCEMENT
Section 7:7A-22.1 - General provisions

Universal Citation: NJ Admin Code 7:7A-22.1

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

(a) Whenever the Department finds that a person has violated any provision of N.J.S.A. 13:9B-1 et seq. or 58:10A-1 et seq., or any regulation, rule, letter of interpretation, permit, agreement, transition area waiver, order, settlement, exemption letter, or mitigation proposal adopted or issued by the Department pursuant thereto, the Department may, singly or in combination, and in accordance with the grace period requirements set forth at N.J.A.C. 7:7A-22.20, pursue the remedies specified in (a)1 through 5 below. Pursuit of any of the remedies specified under this section shall not preclude the Department from seeking any other remedy specified.

1. Issue an order requiring the person found to be in violation to comply in accordance with N.J.A.C. 7:7A-22.3;

2. Bring a civil action for injunctive and other relief in accordance with N.J.A.C. 7:7A-22.14;

3. Levy a civil administrative penalty in accordance with N.J.A.C. 7:7A-22.7 through 22.12;

4. Bring an action for a civil penalty in accordance with N.J.A.C. 7:7A-22.13; and/or

5. Petition the Attorney General to bring a criminal action in accordance with N.J.A.C. 7:7A-22.15.

(b) The Department has the power, as enumerated in N.J.S.A. 13:1D-9 , and consistent with constitutional requirements, to enter and inspect any property, facility, building, premises, site, or place for the purpose of investigating an actual or suspected source of pollution of the environment and conducting inspections, collecting samples, copying or photocopying documents or records, and for otherwise ascertaining compliance or noncompliance with any laws, permits, orders, codes, rules, and regulations of the Department.

(c) Each applicant or permittee shall provide, upon request of the Department, any information required to determine compliance with the provisions of N.J.S.A. 13:9B-1 et seq., or 58:10A-1 et seq., or any rule or regulation adopted, or permit or order issued pursuant thereto.

(d) For the purposes of this subchapter, a permit shall mean an authorization under a general permit-by-certification, an authorization under a general permit, an individual permit, a transition area waiver, an exemption letter, an emergency authorization, a letter of authorization, a memorandum of agreement, or other written authorization, or other approval issued pursuant to N.J.S.A. 13:9B-1 et seq. and/or 58:10A-1 et seq.

(e) The burden of proof and degrees of knowledge or intent required to establish a violation of N.J.S.A. 13:9B-1 et seq., or of any permit, order, rule, or regulation promulgated pursuant thereto shall be no greater than the burden of proof or degree of knowledge or intent that the USEPA must meet in establishing a violation of the Federal Act or implementing regulations.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.