N.J. Admin. Code § 7:10-3.4

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:10-3.4 - Procedures for assessment, settlement and payment of civil administrative penalties for violations

(a) To assess a civil administrative penalty under the State Act, the Department shall notify the violator by certified mail (return receipt requested) or by personal service. This notice of civil administrative penalty assessment shall:

1. Identify the section of the State Act, rule, administrative order or permit violated;

2. Concisely state the alleged facts which constitute the violation;

3. Specify the amount of the civil administrative penalty to be imposed and the basis thereof; and

4. Advise the violator of the right to request an adjudicatory hearing pursuant to N.J.A.C. 7:10-3.5.

(b) Payment of the civil administrative penalty is due upon receipt by the violator of the Department's final order in a contested case, or 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. 7:10-3.5, a notice of civil administrative penalty assessment becomes a final order on the 36th day following receipt of the notice of civil administrative penalty assessment by the violator;

2. If the Department denies the hearing request pursuant to N.J.A.C. 7:10-3.5(b), a notice of civil administrative penalty assessment becomes a final order on the 21st day following receipt of the notice of civil administrative penalty assessment by the violator;

3. If the Department denies the hearing request pursuant to N.J.A.C. 7:10-3.5(c), a notice of civil administrative penalty assessment becomes a final order upon receipt of notice of such denial; or

4. If the Department grants the hearing request, a notice of civil administrative penalty assessment becomes a final order upon receipt by the violator of a final order in a contested case.

(c) The Department may treat a violation as a first offense solely for the purpose of determining the civil administrative penalty under N.J.A.C. 7:10-3.6 or 3.7 if the violator has not committed the same offense in the three years immediately preceding the date of the pending offense.

(d) The Department may settle any civil administrative penalty assessed pursuant to N.J.A.C. 7:10-3.6 or 3.7 according to the following factors:

1. Mitigating or extenuating circumstances not previously considered in the notice of civil administrative penalty assessment pursuant to N.J.A.C. 7:10-3.6;

2. The timely implementation by the violator of measures leading to compliance not previously considered in the assessment of penalties pursuant to N.J.A.C. 7:10-3.6;

3. The nature, timing and effectiveness of measures taken to mitigate the effects of the violation or prevent future similar violations not previously considered in the notice of civil administrative penalty assessment pursuant to N.J.A.C. 7:10-3.6;

4. The compliance history of the violator not previously considered in the notice of civil administrative penalty assessment pursuant to N.J.A.C. 7:10-3.6;

5. The deterrent effect of the penalty not previously considered in the notice of civil administrative penalty assessment pursuant to N.J.A.C. 7:10-3.6; and/or

6. Any other terms or conditions acceptable to the Department.

N.J. Admin. Code § 7:10-3.4

Amended by R.2011 d.039, effective 2/7/2011.
See: 42 N.J.R. 17(a), 42 N.J.R. 642(a), 43 N.J.R. 289(a).
In (a)3, inserted "and the basis thereof"; in (b)1, substituted "36th" for "21st"; and in (c), substituted "a violation" for "an offense".