N.J. Admin. Code § 13:80-1.12

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:80-1.12 - Multiple applications

(a) Except when a contrary result is required to prevent manifest injustice, in cases where two or more applicants submit substantially identical information which proximately results in the arrest, conviction and imposition and collection of a fine for either the illegal treatment, storage or disposal of hazardous waste or the illegal treatment, transport, storage or disposal of low-level radioactive waste; for the illegal discharge of certain material into ocean waters; or for the illegal treatment, storage, transportation or disposal of medical waste; or the institution of the civil action and imposition of a civil penalty for the illegal treatment, storage, transportation or disposal of solid, hazardous or medical waste; or fines assessed for violating an administrative order or court order; or for failing to pay in full an administrative assessment, only the person who has filed his application first in time shall be considered for the receipt of an award pursuant to this subchapter.

(b) In cases where two or more applicants submit different information which proximately results in either the arrest, conviction and imposition and collection of a fine for either the illegal treatment, storage or disposal of hazardous waste or the illegal treatment, transport, storage or disposal of low-level radioactive waste; for the illegal discharge of certain material into ocean waters; or for the illegal treatment, storage, transportation or disposal of medical waste; or the institution of the civil action and imposition of a civil penalty for the illegal treatment, storage, transportation or disposal of solid, hazardous or medical waste; or penalties assessed for violating an administrative order or court order; or for the failing to pay in full an administrative assessment, thereby rendering both applicants eligible for an award pursuant to this subchapter, the Attorney General's designee may apportion the amount of award available among the applicants based upon its consideration of relevant factors including, but not limited to:

1. The timing (chronological order) of each application filed;

2. The relative overall accuracy of information in each application filed; and

3. The relative extent of cooperation with the prosecution by each applicant in the particular case for which the information has been provided.

(c) Upon such apportionment set forth in (b) above, the Attorney General's designee shall provide each eligible applicant with a written statement of its reasons for its determination.

N.J. Admin. Code § 13:80-1.12

Amended by R.1995 d.536, effective 10/16/1995.
See: 27 N.J.R. 2678(a), 27 N.J.R. 3973(b).
Amended by R.2006 d.62, effective 2/21/2006.
See: 37 N.J.R. 2348(a), 38 N.J.R. 1223(a).
In (a) and introductory paragraph (b), added "either", deleted "or low-level radioactive" and added "or the illegal treatment, transport, storage or disposal of low-level radioactive waste."