N.J. Admin. Code § 7:14-8.14

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

Section 7:14-8.14 - Civil administrative penalty for failing to comply with an information request or administrative subpoena, and the destruction of records

(a) The Department may assess a civil administrative penalty pursuant to this section against each violator who fails to completely respond to an information request or administrative subpoena, or destroys records relating to a discharge to surface water within five years of the discharge, or to a discharge to ground water at any time without the prior written permission of the Department.

(b) Each day that the violator does not fully respond to any item in an information request or administrative subpoena and each item in an information request or administrative subpoena that is not fully responded to shall be an additional, separate and distinct violation.

(c) The Department shall assess a civil administrative penalty for each failure to completely respond to an information request or administrative subpoena in an amount up to $ 50,000 based on the following factors:

1. The substantive responsiveness of the violator's response to the information request or administrative subpoena;

2. Number of items in the information request or administrative subpoena which the violator attempted to respond to;

3. Number of items in the information request or administrative subpoena which the violator did not respond to;

4. The timeliness of the violator's response; and

5. Any other relevant factors.

(d) The Department shall assess a civil administrative penalty for the destruction of records in violation of P.L. 1990, c. 28, section 15, based on the conduct of the violator at the midpoint of the following ranges:

1. For each intentional, deliberate, purposeful, knowing or willful act or omission by the violator, the civil administrative penalty shall be in an amount up to $ 50,000; and

2. For each other violation not identified pursuant to (d)1 above the civil administrative penalty shall be in the amount up to $ 30,000.

(e) Except as set forth in Table 1 or Table 2 at 7:14-8.18, a violation under this section is non-minor and, therefore, not subject to a grace period.

N.J. Admin. Code § 7:14-8.14

New Rule, R.1991 d.378, effective 8/5/1991.
See: 23 N.J.R. 1089(a), 23 N.J.R. 2366(a).
Old section 8.14 Severability, recodified to 8.16.
Amended by R.2007 d.234, effective 8/6/2007.
See: 38 N.J.R. 2919(a), 39 N.J.R. 3298(a).
Added (e).