N.J. Admin. Code § 7:14-8.8

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

Section 7:14-8.8 - Civil administrative penalty for conducting unapproved activities

(a) The Department may assess a civil administrative penalty pursuant to this section against each violator who approves, endorses, allows construction or operation to commence or proceed, builds, modifies, installs, replaces, expands or operates a facility or treatment works, as defined by N.J.A.C. 7:14A, without the proper authorization or in violation of any rule, administrative order, sewer connection ban, or permit issued or imposed pursuant to the Water Pollution Control Act.

(b) The Department shall determine the amount of the civil administrative penalty for violations described in this section based on the seriousness of the violation and conduct of the violator based on the following:

1. For any unauthorized approval, endorsement or allowance to commence or proceed to build, modify, install, replace, expand or operate a facility or treatment works, the civil administrative penalty shall be in an amount determined as follows: civil administrative penalty = (seriousness) x (conduct) x ($ 1.00)

i. The seriousness factor shall be equal to one-half of the design flow (in gallons per day) indicated in the permit application for that facility or project, or if there is no permit application, then from the Projected Flow table in N.J.A.C. 7:14A-23.3; and

ii. The conduct factor is either:

(1) 1.00 if the conduct is intentional, deliberate, purposeful, knowing or willful; or

(2) 0.75 for any other conduct.

iii. Each approval, endorsement or allowance to commence or proceed shall be considered an additional, separate and distinct violation;

2. For building, installation, modification, replacement or expansion of a facility or treatment works without the required Department approval, the civil administrative penalty shall be in an amount determined as follows: civil administrative penalty = (seriousness) x (conduct) x ($ 1.00)

i. The seriousness factor shall be equal to one-half of the design flow (in gallons per day) as determined from the permit application for that facility or project, or if there is no permit application or if the design flow is not indicated on the permit application, then from the Projected Flow table in N.J.A.C. 7:14A-23.3.

ii. The conduct factor is either:

(1) 1.00 if the conduct is intentional, deliberate, purposeful, knowing or willful; or

(2) 0.75 for any other conduct.

iii. Each day or part thereof that the construction of the facility or treatment works continues without the required Department approval shall be considered an additional, separate and distinct violation.

3. For the operation of any facility or treatment works, the civil administrative penalty shall be in an amount equal to, at the sole discretion of the Department, either:

i. Twice the total penalty for the illegal building, installation, modification, replacement or expansion of a facility of treatment works calculated pursuant to (b)2 above; or

ii. Equal to the product of the following equation: civil administrative penalty = (seriousness) x (conduct) x ($ 1.00)

(1) The seriousness factor shall be equal to the total design flow (in gallons per day) as determined from the permit application for that facility or project, or if there is no permit application or if the design flow is not indicated on the permit application, then from the Projected Flow table in N.J.A.C. 7:14A-23.3.

(2) The conduct factor shall be either:

(A) 1.00 if the conduct is intentional, deliberate, purposeful, knowing or willful; or

(B) 0.75 for any other conduct.

(3) Each day or part thereof that the operation of the facility or treatment works continues without the required Department approval shall be considered an additional, separate and distinct violation.

(c) A violation under this section is non-minor and, therefore, not subject to a grace period.

N.J. Admin. Code § 7:14-8.8

Amended by R.1989 d.282, effective 6/5/1989.
See: 21 N.J.R. 373(a), 21 N.J.R. 1530(a).
Cite to N.J.A.C. added in (b) and language regarding seriousness of violation and conduct of violator.
Amended by R.1991 d.378, effective 8/5/1991.
See: 23 N.J.R. 1089(a), 23 N.J.R. 2366(a).
In (a), added "allows construction or operation to commence or proceed,"; "installs, replaces, expands"; "sewer connection ban"; "or imposed"; deleted "-1 et seq." in code citation.
Deleted (a)2.
In (b), deleted "in accordance with N.J.A.C. 7:14-8.5 or".
Substituted old text for new text in (b)1, 2, 3.
Amended by R.1999 d.163, effective 5/17/1999.
See: 31 N.J.R. 508(b), 31 N.J.R. 1314(b).
In (b), substituted references to permit applications for references to CP-1 Permit Applications and substituted references to the Projected Flow table in N.J.A.C. 7:14A-23.3 for references to the Contributory Design Flow table in N.J.A.C. 7:9-1 throughout.
Amended by R.2007 d.234, effective 8/6/2007.
See: 38 N.J.R. 2919(a), 39 N.J.R. 3298(a).
Added (c).