New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES
Subchapter 22 - ENFORCEMENT
Section 7:7A-22.14 - Civil actions
Universal Citation: NJ Admin Code 7:7A-22.14
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The Department may institute an action or proceeding in the Superior Court for injunctive and other relief, including the appointment of a receiver, for any violation of N.J.S.A. 13:9B-1 et seq., or any regulation, rule, permit, or order adopted or issued by the Department pursuant to this act, and the court may proceed in the action in a summary manner. Such relief may include, singly or in combination:
1. A temporary or permanent
injunction;
2. Recovery of
reasonable costs of any investigation, inspection, or monitoring survey that
led to the discovery of the violation, and for the reasonable costs of
preparing and bringing a civil action commenced under this
subsection;
3. Recovery of
reasonable costs incurred by the State in removing, correcting, or terminating
the adverse effects resulting from any violation for which a civil action has
been commenced and brought under this subsection;
4. Recovery of compensatory damages for any
loss or destruction of natural resources, including but not limited to
wildlife, fish, aquatic life, habitat, plants, or historic or archaeological
resources and for any other actual damages caused by any violation for which a
civil action has been commenced and brought under this subsection; and
/or
5. An order requiring the
violator to restore the site of the violation to the maximum extent practicable
and feasible or, in the event that restoration of the site of the violation is
not practicable or feasible, provide for an off-site restoration alternative as
approved by the Department.
(b) Recovery of damages and costs under (a) above shall be paid to the State Treasurer.
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