Current through Register Vol. 56, No. 18, September 16, 2024
(a) To assess a
civil administrative penalty under N.J.S.A.
13:9B-1 et seq. or
N.J.S.A.
58:10A-1 et seq., the Department
shall notify the violator by certified mail (return receipt requested) or by
personal service. This Notice of Civil Administrative Penalty Assessment
(NOCAPA) shall:
1. Identify the section of
the statute, rule, administrative order, or permit violated;
2. Concisely state the alleged facts that
constitute the violation;
3.
Specify the amount of the civil administrative penalty to be imposed and the
fact that interest may be due in accordance with (c) below; and
4. Advise the violator of the right to
request an adjudicatory hearing pursuant to the procedures in N.J.A.C.
7:7A-22.6.
(b) Payment
of the civil administrative penalty is due when a notice of civil
administrative penalty assessment becomes a final order, as follows:
1. If no hearing is requested pursuant to
N.J.A.C. 7:7A-22.6, a notice of civil administrative penalty assessment becomes
a final order on the 36th calendar day following receipt of the notice of civil
administrative penalty assessment by the violator;
2. If the Department denies an untimely
submitted hearing request pursuant to N.J.A.C. 7:7A-22.6(d), a notice of civil
administrative penalty assessment becomes a final order on the 36th calendar
day following receipt of the notice of civil administrative penalty assessment
by the violator;
3. If the
Department denies a hearing request pursuant to N.J.A.C. 7:7A-22.6(e) because
it does not include all the required information, a notice of civil
administrative penalty assessment becomes a final order upon receipt of notice
of such denial by the violator; or
4. If the Department grants a hearing
request, a notice of civil administrative penalty assessment becomes a final
order upon receipt by the violator of a final order in the contested
case.
(c) In addition to
the amount of the civil administrative penalty that is due and owing pursuant
to (b) above, the violator shall also pay to the Department interest on the
amount of the penalty, at the rate established by the New Jersey Supreme Court
for interest rates on judgments as set forth in the Rules Governing the Courts
of the State of New Jersey, R. 4:42-11(a). Interest shall
accrue on the amount of the civil administrative penalty due and owing from the
date the payment is due and continuing until the civil administrative penalty
is paid in full with interest if:
1. A
violator does not pay a civil administrative penalty imposed pursuant to a
final order within 90 calendar days of the date that payment is due;
or
2. A violator fails to make a
civil administrative penalty payment pursuant to a payment schedule entered
into with the Department within 90 calendar days of the date that payment is
due.
(d) The Department
may, in its discretion, settle any civil administrative penalty assessed
pursuant to N.J.A.C. 7:7A-22.7 through 22.12 according to the factors at (d)1
through 4 below. As provided at N.J.A.C. 7:7A-22.4(c), this subsection does not
apply to penalties assessed for violations of N.J.S.A.
58:10A-1 et seq.:
1. Mitigating or extenuating circumstances
not previously considered in the assessment of penalties;
2. The timely implementation of measures
leading to compliance not previously considered in the assessment of penalties,
including measures to clean up, reverse, or repair environmental damage caused
by the violation, or to remove the violation;
3. The full payment by the violator of a
specified part of a civil administrative penalty assessed if made within a time
period established by the Department in an administrative order and provided
that the violator waives the right to request an adjudicatory hearing on the
civil administrative penalty; or
4.
Any other terms or conditions acceptable to the Department.
