N.J. Admin. Code § 7:14-8.19

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

Section 7:14-8.19 - Civil administrative penalties for violations of the Underground Storage of Hazardous Substances Act

(a) The Department may assess a civil administrative penalty pursuant to this section of not more than $ 50,000 for each violation of N.J.A.C. 7:14B, Underground Storage Tanks.

(b) Each violation constitutes an additional, separate, and distinct violation.

(c) Each day during which a violation continues constitutes an additional, separate, and distinct violation.

(d) Where any requirement of N.J.A.C. 7:14B may pertain to more than one act, condition, occurrence, item, unit, waste, or parameter, the failure to comply with such requirement as it pertains to each such act, condition, occurrence, item, unit, waste, or parameter constitutes an additional, separate, and distinct violation.

(e) For a violation of a requirement or condition of an administrative order, permit, or license, the Department may in its sole discretion identify a comparable requirement of any violation description listed in N.J.A.C. 7:14-8.18(c) Table 2 and determine the amount of the civil administrative penalty on the basis of the rule provision violated.

(f) The Department shall determine the amount of a civil administrative penalty for each violation of N.J.A.C. 7:14B on the basis of the provision violated, according to the following procedure:

1. Identify the rule violated;

2. Identify the corresponding base penalty dollar amount in N.J.A.C. 7:14-8.18(c) Table 2;

3. Multiply the base penalty dollar amount times the following multipliers for each factor to obtain the severity penalty component, as applicable:

Severity factor		Multiplier
i.	Violator violated the same rule less than 12 months prior to the violation	1.00
ii.	Violator violated a different rule less than 12 months prior to the violation	0.50
iii.	Violator violated the same rule during the period which began 24 months prior to the violation and ended 12 months prior to the violation	0.50
v.	i Violator violated a different rule during the period which began 24 months prior to the violation and ended 12 months prior to the violation	0.25

4. To obtain the civil administrative penalty for a particular violation, add all of the severity penalty components pursuant to (f)3 above to the base penalty. If the sum total exceeds $ 50,000, then the civil administrative penalty for that violation shall be $ 50,000.

EXAMPLE:

Base penalty (for violation of N.J.A.C. 7:14B-2.1(a) ) N.J.A.C. 7:14-8.19(f)3 iii applies:	= $ 5,000
0.50 x $ 5,000	= $ 2,500
Civil administrative penalty	$ 7,500

(g) Notwithstanding (a), (b), and (c) above, the Department may, in its sole discretion, assess a penalty in accordance with N.J.A.C. 7:14-8.5(e) through (i), rather than N.J.A.C. 7:14-8.18(c) Table 2, when:

1. Because of the specific circumstances of the violation, the Department determines that the penalty amount under N.J.A.C. 7:14-8.18(c) Table 2 would be too low to account for the type, seriousness (including extent, toxicity, and frequency of a violation) based upon the harm to public health or the environment resulting from the violation or the lack of cooperation or recalcitrance of the violator in remedying the violation, the specific facts of the violation, or conduct of the violator, or any other pertinent factors consistent with the Underground Storage of Hazardous Substances Act, N.J.S.A. 58:10A-21 et seq.;

2. The violation is not identified at N.J.A.C. 7:14-8.18(c) Table 2; or

3. There is no comparable violation identified at N.J.A.C. 7:14-8.18(c) Table 2 such that the Department can apply (e) above.

N.J. Admin. Code § 7:14-8.19

Adopted by 50 N.J.R. 409(a), effective 1/16/2018