N.J. Admin. Code § 7:1K-12.4
Current through Register Vol. 56, No. 21, November 4, 2024
Section 7:1K-12.4 - Civil administrative penalty determination-general(a) The Department may assess a civil administrative penalty of not more than $ 5,000 for the first offense, not more than $ 10,000 for the second offense and not more than $ 15,000 for the third and each subsequent offense against each violator for each violation of the Act.(b) Each violation of the Act constitutes a distinct and separate offense.(c) Each day during which a violation continues constitutes an additional, separate, and distinct offense.(d) The Department may, in its discretion, assess a civil administrative penalty on the basis of one or more of the following factors: 1. The compliance history of the violator;2. The number, frequency and severity of the offense(s);3. The measures taken by the violator to mitigate or remediate the effects of the current offense or to prevent future offenses;4. The deterrent effect of the penalty; or5. Other specific mitigating or extenuating circumstances of the violator or offense.(e) Notwithstanding the provisions of 7:1K-12.5 through 12.7, the Department may compromise the amount of a civil administrative penalty assessed under this subchapter on the basis of one or more of the following factors: 1. The compliance history of the violator;2. The number, frequency and severity of the offense(s);3. The measures taken by the violator to mitigate or remediate the effects of the current offense and to prevent future offenses; or4. Other mitigating or extenuating circumstances of the violator or the offense, documented in a manner acceptable to the Department;5. Any other terms or conditions acceptable to the Commissioner.(f) The Department may, in its discretion, treat an offense as a first offense solely for civil administrative penalty determination purposes, if the violator has not committed the same offense in the five years immediately preceding the date of the pending offense. N.J. Admin. Code § 7:1K-12.4