N.J. Admin. Code § 7:1E-6.9

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

Section 7:1E-6.9 - Conditions of grace period

(a) The Department shall provide a grace period for any violation identified as minor in accordance with the tables at N.J.A.C. 7:1E-6.8, provided that:

1. The violation is not the result of the purposeful, knowing, reckless or criminally negligent conduct of the person responsible for the violation;

2. The activity or condition constituting the violation has existed for less than 12 months prior to the date of discovery by the Department; and

3. The person responsible for the violation has not been identified in a previous enforcement action by the Department as responsible for the same or a substantially similar violation at the same facility within the preceding 12 month period.

(b) Where the Department discovers a violation which is designated as minor in accordance with both the tables at N.J.A.C. 7:1E-6.8 and (a) above, it shall issue a notice of violation to the person responsible for the minor violation which:

1. Identifies the condition or activity that constitutes the violation and the specific statutory and regulatory provision or other requirement violated; and

2. Notifies the person responsible for the violation that a penalty may be imposed unless compliance has been achieved within the time period provided for the violation as set forth in the tables at N.J.A.C. 7:1E-6.8.

(c) If a person responsible for a minor violation corrects that violation and demonstrates to the Department that compliance has been achieved within the period specified in the notice of violation issued pursuant to this section, the Department shall not impose a penalty for the violation.

(d) If the person responsible for the violation fails to demonstrate to the Department that compliance has been achieved within the period of time specified in the notice of violation, the Department may, in accordance with the provisions of this chapter, impose a penalty which is retroactive to the date the enforcement document was first issued.

N.J. Admin. Code § 7:1E-6.9

New Rule, R.2001 d.355, effective 10/1/2001.
See: 33 N.J.R. 1255(a), 33 N.J.R. 3518(a).