N.J. Admin. Code § 7:20-2.5

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

Section 7:20-2.5 - Civil administrative penalty assessment for violation of the Safe Dam Act

(a) The Department may assess a civil administrative penalty of up to $ 25,000 for each violation of any provision of the Safe Dam Act, 58:4-1 et seq., or for any failure to comply with any rule or regulation adopted pursuant to the Act, or for any failure to comply with any permit, order or directive issued pursuant to the Act, or for failure to comply with a request for information or request to enter upon the property.

(b) Each violation of any provision of the Safe Dam Act, or any rule or regulation adopted pursuant to the Act, or for any failure to comply with any permit, order or directive issued pursuant to the Act, or for failure to comply with a request for information or request to enter upon the property shall constitute a separate and distinct offense.

(c) Each day during which a violation continues shall constitute an additional, separate and distinct offense.

(d) When the Department determines that the violator has gained economic benefit from a violation, the Department may in addition to any other civil administrative penalty assessed, include as a part of a civil administrative penalty the economic benefit that the violator has realized as a result of not complying or delaying compliance. Economic benefit shall include the amount of savings realized from avoided costs; the return earned or that may be earned on the amount of the avoided costs; and any other benefits resulting from the violation.

N.J. Admin. Code § 7:20-2.5