New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES
Subchapter 22 - ENFORCEMENT
Section 7:7A-22.15 - Criminal actions

Universal Citation: NJ Admin Code 7:7A-22.15

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

(a) The Department, upon petition to the Attorney General, may bring a criminal action in court for certain violations of N.J.S.A. 13:9B-1 et seq. or any regulation, rule, permit, or order adopted or issued by the Department pursuant thereto.

(b) If a violation described in this section pertains to State open waters, the criminal penalty shall not be governed by this section, but shall be governed by the Water Pollution Control Act at 58:10A-10(f).

(c) A person who knowingly, purposely, or recklessly violates N.J.S.A. 13:9B-1 et seq. or any regulation, rule, permit, or order adopted or issued by the Department pursuant thereto, shall be guilty, upon conviction, of a crime of the third degree and shall be subject to a fine of no less than $ 5,000 and not more than $ 50,000 per day of violation, or imprisonment, or both.

(d) A person shall be guilty, upon conviction, of a crime of the third degree and shall be subject to a fine of not more than $ 50,000 per day of violation, or imprisonment, or both, if the person:

1. Knowingly, purposely, or recklessly makes a false statement, representation, or certification in any application, record or other document filed or required to be maintained under N.J.S.A. 13:9B-1 et seq., or any regulation, rule, permit, or order adopted or issued by the Department pursuant thereto; or

2. Falsifies, tampers with, or purposely, recklessly or knowingly renders inaccurate, any monitoring device or method required to be maintained under N.J.S.A. 13:9B-1 et seq. or any regulation, rule, permit, or order adopted or issued by the Department pursuant thereto.

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