N.J. Admin. Code § 7:19-18.4

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

Section 7:19-18.4 - Civil administrative penalty determination; general

(a) The Department may, in its discretion, assess a civil administrative penalty pursuant to this section of not more than $ 5,000 per day for each violation of each provision of the Water Supply Management Act, N.J.S.A. 58A-1 et seq., or of any regulation, rule, permit or order adopted or issued by the Department pursuant thereto. The Department shall assess penalties under this section in lieu of N.J.A.C. 7:19-18.5 or 18.6 when N.J.A.C. 7:19-18.5 or 18.6 is not applicable to the violation.

(b) The Department shall consider each violation of each provision of the Water Supply Management Act, N.J.S.A. 58:1A-1 et seq., or of any regulation, rule, permit or order adopted or issued by the Department pursuant thereto, as a separate and distinct violation. If the violation is of a continuing nature, each day during which a violation continues shall constitute an additional, separate and distinct violation subjecting the violator to the penalty schedule set forth in (c) below.

(c) The Department may assess a civil administrative penalty for each violation of each provision of the Water Supply Management Act, N.J.S.A. 58:1A-1 et seq., or any regulation, rule, permit or order adopted or issued by the Department pursuant thereto at the midpoint of the following ranges except as adjusted pursuant to (d) below:

1. For the first violation of a provision, $ 0 to not more than $ 1,000;

2. For the second violation of the same provision, $ 0 to not more than $ 2,500; and

3. For the third and subsequent violations of the same provision, $ 0 to not more than $ 5,000.

(d) The Department may, in its discretion, adjust the amount determined pursuant to (c) above to assess a civil administrative penalty in an amount no greater than the maximum amount nor less than the minimum amount in the range described in (c) above, on the basis of any or a combination of the factors listed in (d)1 through 7 below. No such factor constitutes a defense to any violation:

1. The compliance history of the violator;

2. The number, frequency and severity of the violations;

3. The measures taken by the violator to mitigate the effects of the current violation or to prevent future violations;

4. The deterrent effect of the penalty;

5. The cooperation of the violator in correcting the violation, remedying any environmental damage caused by the violation and ensuring that the violation does not recur;

6. Any unusual or extraordinary costs directly or indirectly imposed on the public by the violation; and/or

7. Any other extenuating, mitigating or aggravating circumstances.

N.J. Admin. Code § 7:19-18.4

New Rule, R.1995 d.162, effective 3/20/1995.
See: 26 New Jersey Register 4912(a), 27 New Jersey Register 1265(a).