N.J. Admin. Code § 7:14B-12.4

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

Section 7:14B-12.4 - Civil administrative penalties for violations of N.J.A.C. 7:14B-13 and 16

(a) An individual or business firm that violates the provisions of N.J.A.C. 7:14B-13 or 16, is subject to a civil administrative penalty of not more than $ 5,000 for the first offense, not more than $ 10,000 for the second offense, and $ 25,000 for the third and each subsequent offense. If the violation is of a continuing nature, each day of violation constitutes an additional, separate and distinct offense.

(b) The Department shall assess a civil administrative penalty by notifying the violator by certified mail or personal service. The notice shall include:

1. A reference to the section of the statute, regulation, order, or permit condition violated;

2. A concise statement of the facts alleged to constitute the violation;

3. A statement of the amount of the civil administrative penalty to be assessed; and

4. A statement of the right to request a hearing pursuant to N.J.A.C. 7:14B-12.2.

(c) The Department may compromise and settle any claim for a penalty under this section in such amount as the Department may determine to be appropriate and equitable under all of the circumstances.

(d) Any person who fails to contest or to pay, in whole or in part, a penalty imposed pursuant to this section, or who fails to agree to a payment schedule, within 30 calendar days of the date that the penalty is due and owing, shall be subject to an interest charge on the amount of the penalty from the date that the amount was due and owing. The rate of interest shall be that established by the New Jersey Supreme Court for interest rates on judgments, as set forth in the Rules Governing the Courts of the State of New Jersey.

(e) The penalty provisions of this section shall be in addition to such penalties as may be assessed pursuant to 58:10A-32.

N.J. Admin. Code § 7:14B-12.4

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