N.J. Admin. Code § 7:26A-9.4

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

Section 7:26A-9.4 - Civil administrative penalties for violation of rules adopted pursuant to the Act

(a) The Department may assess a civil administrative penalty pursuant to this section of not more than $ 50,000 for each violation of each requirement of any rule listed in N.J.A.C. 7:26A-9.4(g).

(b) Each violation of a rule listed in N.J.A.C. 7:26A-9.4(g) shall constitute an additional, separate and distinct violation.

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

(d) For each parameter that is required to be monitored, sampled or reported, the failure to so monitor, sample or report shall constitute an additional, separate and distinct violation.

(e) Where any requirement of any rule listed in N.J.A.C. 7:26A-9.4(g) may pertain to more than one act, condition, occurrence, item, unit, waste or parameter, the failure to comply with such requirement as it pertains to each such act, condition, occurrence, item, unit, waste or parameter shall constitute an additional, separate and distinct violation.

(f) The Department shall determine the amount of a civil administrative penalty for each violation of any rule listed in (g) below on the basis of the provision violated, according to the procedure in (f)1 through 5 below. For a violation of a requirement or condition of an administrative order, permit, license or other operating authority, the Department may in its sole discretion identify the corresponding requirement of any rule summary listed in (g) below and determine the amount of the civil administrative penalty on the basis of the rule provision violated.

1. Identify the rule violated as listed in (g)1 through 8 below;

2. Identify the corresponding base penalty dollar amount for the rule violated as listed in (g)1 through 8 below;

3. Multiply the base penalty dollar amount times the following multipliers for each factor to obtain the severity penalty component, as applicable:

Severity Factor	Multiplier
i. Violator had violated the same	1.00
rule less than 12 months prior to the
violation
ii. Violator had violated a different	0.50
rule less than 12 months prior to the
violation
iii. Violator had violated the same	0.50
rule during the period which began 24
months prior to the violation and
ended 12 months prior to the violation
iv. Violator had violated a different	0.25
rule during the period which began 24
months prior to the violation and
ended 12 months prior to the violation

4. To obtain the civil administrative penalty, add all of the severity penalty components pursuant to (f)3 above, to the base penalty. If the sum total exceeds $ 50,000, then the civil administrative penalty shall be $ 50,000.

Example:

Base penalty (for violation of N.J.A.C. 7:26A-3.1(a) = $ 3,000

Subparagraph (f)3iii applies: 0.50 x 3000 = 1500

Subparagraph (f)3iv applies: 0.25 x 3000 = + 750

Civil administrative penalty $5,250

5. For the purpose of this section, violation of the "same rule" means violation of the same specific requirement of a rule. Where a rule has a list of specific requirements, the same item on the list must be violated to be considered violation of the "same rule."

(g) The Rule Summary in this subsection, which summarizes certain provisions in N.J.A.C. 7:26A, is provided for informational purposes only. In the event that there is a conflict between the rule Summary in this subsection and a provision in N.J.A.C. 7:26A, then the provisions in N.J.A.C. 7:26A shall prevail.

1. The violations of N.J.A.C. 7:26A-3, Approval of Recycling Centers for Class B, Class C and Class D Recyclable Materials, whether the type of violation is minor (M) or non-minor (NM), the applicable grace period if the violation is minor, and the civil administrative base penalty for each violation, are as set forth in the following table.

Rule	Rule Summary	Base	Type of	Grace
----	-----------	Penalty	Violation	Period
------	--------	(days)
-------
N.J.A.C.
7:26A-3.1(a)	Failure of approved recycling	$3,000	M	30
center to comply with all approval
conditions.
7:26A-3.5(f)	Failure of recycling center to	$3,000	M	30
post a legible sign at the
recycling center entrance
indicating its approval and listing
items detailed in N.J.A.C.
7:26A-3.2(A)13 i and ii
7:26A-3.6	Failure to submit renewal	$3,000	M	30
application for a general approval
to the Department at least three
months prior to the current
approval expiration and to comply
with all submittal requirements.
7:26A-3.7(j)	Failure, within 45 days after	$3,000	M	30
expiration of the time period
authorized by the limited approval
to operate a recycling facility, to
file a final report with the
Department.
7:26A-3.7(k)	Failure of persons operating a	$4,500	NM
limited approved recycling center
to ensure that no illegal dumping
occurs.
7:26A-3.8(a)	Failure to limit processing method	$4,500	NM
for tires to slicing, shredding,
chipping, crumbing or other method
approved by the Department,
prohibition to incinerating,
landfilling, abandoning or
otherwise illegally disposing of
tires.
7:26A-3.8(b)	Failure by the owner or operator	$4,500	NM
of a tire recycling center to
ensure that no mosquito colony
formation develops.
7:26A-3.8(c)	Failure of a tire, tree stump,	$5,000	NM
tree part or wood waste recycling
center to have an approved fire
control plan.
7:26A-3.9(a)	Failure of recycling center to	$4,500	NM
ensure the temporary storage of
Class B recyclable material does
not exceed the amount indicated in
the general or limited approval to
operate.
7:26A-3.9(b)	Failure of recycling center to	$4,500	NM
ensure that unprocessed Class B
recyclable material is not stored
in excess of one year from the date
of receipt.
7:26A-3.10	Failure of holder of a general or	$3,000	M	30
limited approval to comply with
modification requirements.
7:26A-3.15(a)	Failure to ensure a general or	$5,000	NM
limited approval to operate a
recycling center is not transferred
without prior approval of the
Department.
7:26A-3.15(c)	Failure to provide one copy of	$3,000	M	30
written request to transfer
approval to the recycling
coordinator and one copy to the
the municipal clerk of the
applicable municipality.
7:26A-3.17(a)	Failure of holder of a general	$3,000	M	30
approval to comply with
recordkeeping and annual reporting
requirements.

2. The violations of N.J.A.C. 7:26A-4, Operational Standards and General Rules for Recycling Centers which Receive, Store, Process or Transfer Class A, Class B, Class C and Class D Recyclable Materials, Right of Entry and Inspection, the type of violation as minor (M) or non-minor (NM), the applicable grace period if the violation is minor, and the civil administrative base penalty for each violation are as set forth in the following table.

Grace
Base	Type of	Period
Rule	Rule Summary	Penalty	Violation	(days)
----	------------	-------	---------	------
N.J.A.C.
7:26A-4.1(a)1 i	Failure of recycling center to	$3,000	M	30
ensure that recyclable
material is separated at the
point of generation from
other waste material.
7:26A-4.1(a)1 ii	Failure of recycling center	$4,500	NM
to ensure only Class A, Class
B or Class C or Class D
materials are received,
stored, processed or
transferred at the center.
7:26A-4.1(a)1 iii	Failure of recycling center	$3,000	M	30
to comply with commingling
requirements.
7:26A-4.1(a)2	Failure of recycling center	$4,500	NM
to ensure residue is not
stored on-site in excess of
six months.
7:26A-4.1(a)4	Failure of recycling center	$4,500	NM
to store residue separately
from recyclable material and
in a manner which prevents
run-off, leakage or seepage
from the residue storage area
into, on or around the soil
of the residue storage area.
7:26A-4.1(a)5	Failure of recycling center to	$5,000	NM
ensure hazardous wastes are
not stored, processed or
transferred at any recycling
center.
7:26A-4.1(a)6	Failure of recycling center	$5,000	NM
to ensure electronic
components which contain
polychlorinated biphenyls
(PVBs) and which are attached
to or detached from
appliances or other scrap
metal,are not shredded,
sheared or baled.
7:26A-4.1(a)8	Failure to operate a recycling	$3,000	M	30
center in such a manner that
the recycling center property
is maintained free of litter
and debris and such that
tracking of mud into nearby
streets is prevented.
7:26A-4.1(a)10	Failure of recycling center	$4,500	NM
operator to ensure that
traffic is associated with the
operation of the center does
not result in a degradation of
a level of service of any
major intersection or public
roadway within a half-mile
radius.
7:26A-4.1(a)11	Failure of recycling center	$3,000	M	30
operator to ensure recycling
center operations are
separated from sensitive land
uses by an effective visual
screen buffer.
7:26A-4.1(a)12	Failure of recycling center	$4,500	NM
operator to ensure
unauthorized access to center
is controlled.
7:26A-4.1(a)13	Failure of recycling center	$3,000	M	30
operator to ensure areas of
vehicular usage are suitably
compacted and, where
necessary, paved.
7:26A-4.1(a)14	Failure of recycling center	$5,000	NM
operator to have adequate
water supply, firefighting
equipment, and local fire
department phone numbers
phone numbers posted.
7:26A-4.4(a)	Failure of the operator of a	$3,000	M	30
recycling center to provide a
recycling tonnage report
by March 1 of each year
7:26A-4.4(b)	Failure of exempt person to	$3,000	M	30
submit required tonnage
reports by March 1 of each
year
7:26A-4.5(a)2	Failure of Class C operator	$3,000	M	30
to ensure center has
sufficient capacity to handle
incoming volumes.
7:26A-4.5(a)3	Failure of Class C operator	$3,000	M	30
to have properly trained
individual supervising
operation, access to facility
prohibited when center is
closed.
7:26A-4.5(a)4	Failure of Class C operator	$3,000	M	30
to ensure all Class C
recyclable materials received
are removed from bags, boxes.
7:26A-4.5(a)5, 6	Failure of Class C operator	$4,500	NM
to accept incoming materials
containing grass, only in
areas of the site that are at
least 1,000 feet from any
areas of human occupancy and
to process such material
within the working day.
7:26A-4.5(a)13 i	Failure of Class C yard	$3,000	M	90
trimming operators to attend,
within one year of start up,
approved composting courses.
7:26A-4.5(a)13 ii	Failure of Class C yard	$4,500	NM
trimming operator to maintain
improved active composting
surface to prevent ponding
or runoff.
7:26A-4.5(a)13 iii	Failure of Class C yard	$3,000	M	30
trimmimg operator to moisten,
without excess runoff, dry
yard trimmings prior to
windrow formation.
7:26A-4.5(a)13 iv	Failure of Class C yard	$4,500	NM
trimming operator to position
windrows perpendicular to
ground surface contours to
prevent ponding.
7:26A-4.5(a)13 v	Failure of Class C yard	$3,000	M	30
trimming operator to install
windsock.
7:26A-4.5(a)13 vi	Failure of Class C yard	$4,500	NM
trimming operator to comply
with windrow composting
requirements.
7:26A-4.5(a)13 vii	Failure of Class C yard	$3,000	M	30
trimming operator to comply
with material staging and
processing buffer distance
requirements.
7:26A-4.5(a)13 viii	Failure of Class C yard	$3,000	M	30
trimming operator to comply
with finished compost
testing requirements.
7:26A-4.5(a)13 xii	Failure of Class C yard	$3,000	M	30
trimming operator to comply
with additional recordkeeping
requirements.
7:26A-4.5(a)14 i	Failure of Class C material	$4,500	NM
operator to comply with
composting structure
requirements, no ponding,
leachate control.
7:26A-4.5(a)14 ii	Failure of Class C material	$4,500	NM
operator to maintain fully
enclosed operation and
setback requirements.
7:26A-4.5(a)14 iii	Failure of Class C material	$4,500	NM
operator to comply with O & M
manual requirements.
7:26A-4.5(a)14 v	Failure of Class C material	$3,000	M	30
operator to comply with
employee training
requirements.
7:26A-4.5(a)14 vi	Failure of Class C material	$3,000	M	30
operator to develop a
recycling center-specific
training manual and make
available to each employee.
7:26A-4.5(a)14 vii,	Failure of Class C material	$4,500	NM
viii	operator to meet Process to
Further Reduce Pathogens
criteria and requirements.
7:26A-4.5(a)14 xi	Failure of Class C material	$4,500	NM
operator to conduct required
QA/QC sampling and record
results of such sampling.
7:26A-4.5(a)14 xii	Failure of Class C material	$4,500	NM
operator to have analysis of
finished compost product
conducted by laboratory
certified in accordance with
N.J.A.C. 7:18.
7:26A-4.5(a)14 xiii	Failure of Class C material	$3,000	M	30
operator to maintain required
records.
7:26A-4.5(a)14 xiv	Failure of Class C material	$3,000	M	30
operator to submit quarterly
report to the Department
within 30 days after the
end of each quarter.
7:26A-4.5(b)1	Failure of Class C operator	$3,000	M	30
to comply with labeling
requirements.
7:26A-4.5(b)2	Failure of Class C operator	$4,500	NM
to comply with compost
utilization requirements.

3. The violations of N.J.A.C. 7:26A-5, Requirements for Processing Discarded Appliances that Contain Refrigerant Fluid, the type of violation as minor (M) or non-minor (NM), the applicable grace period if the violation is minor, and the civil administrative base penalty for each violation are as set forth in the following table.

Grace
Base	Type of	Period
Rule	Rule Summary	Penalty	Violation	(days)
----	------------	-------	---------	-------
N.J.A.C.
7:26A-5.1(a)	Failure to ensure no shearing,	$ 5,000	NM
shredding, baling or other actions
which could cause release of
refrigerant fluid to take place,
occurs prior to recovery of such
fluid.
7:26A-5.1(b)	Failure to recover refrigerant	$ 5,000	NM
fluid in a manner such that no
venting of refrigerant fluid
occurs.
7:26A-5.1(c)	Failure to deliver recovered	$ 5,000	NM
refrigerant fluid to a facility
which has agreed to reprocess the
fluid or, if such arrangements
cannot be made, failure to store
or dispose of the recovered fluid
in accordance with applicable
rules and regulations.

4. The violations of N.J.A.C. 7:26A-6, Standards for the Management of Used Oil, the type of violation as minor (M) or non-minor (NM), the applicable grace period if the violation is minor, and the civil administrative base penalty for each violation are as set forth in the following table.

Grace
Base	Type of	Period
Rule	Rule Summary	Penalty	Violation	(days)
----	------------	-------	---------	------
N.J.A.C.
7:26A-6.1(a)2 i(1)	Failure to manage used	$5,000	NM
oil mixed with a
listed hazardous waste
as a hazardous waste in
accordance with N.J.A.
C. 7:26G.
7:26A-6.1(a)2 ii(1)	Failure to manage used	$5,000	NM
oil mixed with a
characteristic
hazardous waste or a
listed hazardous waste
that is listed solely
because it exhibits
one or more hazardous
waste characteristics
as a hazardous waste in
accordance with N.J.A.
C. 7:26G.
7:26A-6.1(a)4 ii	Failure by used oil	$3,000	M	30
generator to comply
with management
requirements for diesel
fuel mixed with used
diesel crankcase oil.
7:26A-6.1(a)9	Failure by a marketer	$5,000	NM
or burner to comply
with requirements of
40 CFR 761.20(e) for
used oil containing
quantifiable levels of
PCBs.
7:26A-6.2(a)	Failure to meet one or	$5,000	NM
more of the
specifications for a
used oil fuel
identified in Table 1
of N.J.A.C. 7:26A-6.
2(a) prior to burning
for energy recovery.
7:26A-6.2(b)	Failure to obtain a	$3,000	M	30
Permit to Construct,
Install or Alter
Control Apparatus or
Equipment and
Certificate to Operate
Control Apparatus
prior to burning
on-specification used
oil fuel.
7:26A-6.3(a)	Failure to comply with	$5,000	NM
requirements for
managing used oil in a
surface impoundment or
waste pile.
7:26A-6.3(b)	Failure to comply with	$5,000	NM
prohibition against
using used oil as a
dust suppressant.
7:26A-6.3(c)	Burning	$5,000	NM
off-specification used
oil in a device other
than an industrial
furnace, industrial or
utility boiler or
hazardous waste
incinerator, or failing
to obtain a Permit to
Construct, Install or
Alter Control
Apparatus or Equipment
and Certificate to
Operate Control
Apparatus prior to
burning
off-specification used
oil in one of these
devices.
7:26A-6.3(d)	Failure to comply with	$3,000	M	30
the prohibition against
burning
on-specification used
oil fuel in either a
residential or Category
I institutional device,
furnace or boiler.
7:26A-6.3(e)	Failure to comply with	$4,500	NM
the prohibition against
burning
on-specification used
oil in an oil-fired
space heater that fails
to meet the
requirements of N.J.A.C.
N.J.A.C. 7:26A-6.4 (e).
7:26A-6.3(f)	Failure to comply with	$4,500	NM
the prohibition against
burning
off-specification used
oil in a space heater.
7:26A-6.4(d)1	Failure of used oil	$4,500	NM
generator storing used
oil to comply with
applicable Spill
Prevention, Control and
Countermeasures
regulations, Clean Air
Act regulations or
Underground Storage
Tank regulations.
7:26A-6.4(d)2	Failure of used oil	$3,000	M	30
generator to ensure
used oil is stored
only in tanks,
containers, or units
subject to regulation
at N.J.A.C. 7:26G-8 or
9.
7:26A-6.4(d)3	Failure of used oil	$4,500	NM
generator to ensure
containers or
aboveground tanks used
to store used oil
storage units are in
good condition and not
leaking.
7:26A-6.4(d)4	Failure of used oil	$3,000	M	30
generator to comply
with used oil
labeling/marking
requirements.
7:26A-6.4(d)5	Failure of used oil	$4,500	NM
generator to comply
with or initiate
response to releases.
7:26A-6.4(e)1	Failure of used oil	$4,500	NM
generator to burn only
self-generated or
household
do-it-yourselfer used
oil in a space heater.
7:26A-6.4(e)2	Used oil generator	$3,000	M	30
burned used oil in a
oil space heater that
exceeded the maximum
capacity of 0.5 million
BTU per hour.
7:26A-6.4(e)3	Failure of used oil	$4,500	NM
generator to vent
combustion gases from
a space heater to
ambient air.
7:26A-6.4(e)4	Failure of used oil	$4,500	NM
generator, burning used
oil in a space heater,
to obtain a Permit to
Construct, Install or
Alter Control
Apparatus or Equipment
and Certificate to
Operate Control
Apparatus.
7:26A-6.4(f)	Failure of used oil	$4,500	NM
generator to comply
with used oil off-site
shipment requirements.
7:26A-6.4(g)	Failure to comply with	$3,000	M	30
do-it-yourselfer and
motor oils retailer
requirements.
N.J.A.C. 7:26A-6.5(a)	Failure of an owner or	$3,000	M	30
operator of a State of
New Jersey permitted
reinspection center, or
a retail service
station that has used
oil collection tanks on
the premises, to accept
do-it-yourselfer used
oil in accordance with
N.J.A.C. 7:26A-6.5(a).
7:26A-6.5(b)2	Failure of	$3,000	M	30
do-it-yourselfer used
oil collection center
to comply with the
generator standards at
N.J.A.C. 7:26A-6.4.
7:26A-6.5(c)2 i	Failure of used oil	$3,000	M	30
collection center to
comply with the
generator standards at
N.J.A.C. 7:26A-6.4.
7:26A-6.5(c)2 ii	Failure of used oil	$3,000	M	30
collection center to
register or be
recognized by county or
municipality as a used
oil collection center.
7:26A-6.5(c)2 iii	Failure of used oil	$3,000	M	30
collection center to
comply with sign
posting requirements.
7:26A-6.5(d)2	Failure of used oil	$3,000	M	30
aggregation point to
comply with generator
standards at N.J.A.C.
7:26A-6.4.
N.J.A.C. 7:26A-6.6(a) 4	Failure of used oil	$4,500	NM
transporter to comply
with the Federal Motor
Carrier Safety and
Federal Hazardous
Materials
Transportation
regulations, or to
comply with the
provisions of this
subchapter as indicated
in N.J.A.C. 7:26A-6.6(a)
4i through v when
performing the listed
activities.
7:26A-6.6(b)	Used oil transporter	$5,000	NM
conducted
non-incidental
processing of used oil.
7:26A-6.6(c)	Failure of used oil	$5,000	NM
transporter and/or
transfer facility to
comply with the
notification and/or EPA
identification
requirements.
7:26A-6.6(d)1	Failure of used oil	$4,500	NM
transporter to comply
with delivery
requirements.
7:26A-6.6(d)2	Failure of used oil	$4,500	NM
transporter to comply
with the United States
Department of
Transportation
Regulations.
7:26A-6.6(d)3	Failure of used oil	$4,500	NM
transporter to comply
with used oil
transportation
discharge requirements.
7:26A-6.6(e)1	Failure of used oil	$4,500	NM
transporter to
determine if total
halogen content is
equal to, less than or
greater than 1000 ppm
for used oil being
transported or stored.
7:26A-6.6(e)5	Failure of used oil	$4,500	NM
transporter to retain
records of analyses or
other information, used
to ensure used oil is
not a hazardous waste,
for three years.
7:26A-6.6(f)1	Failure of used oil	$4,500	NM
transporter and/or
transfer facility,
storing used oil, to
comply with applicable
Spill Prevention,
Control and
Countermeasures
regulations, Clean Air
Act regulations or
Underground Storage
Tank regulations.
7:26A-6.6(f)3	Failure of used oil	$3,000	M	30
transfer facility to
ensure used oil is
stored only in tanks,
containers, or units
subject to regulation
at N.J.A.C.
7:26G-8 or 9.
7:26A-6.6(f)4	Failure of used oil	$4,500	NM
transfer facility to
ensure used oil
containers or
aboveground tanks are
in good condition and
not leaking.
7:26A-6.6(f)5	Failure of used oil	$4,500	NM
transfer facility to
comply with secondary
containment
requirements for
containers.
7:26A-6.6(f)6	Failure of used oil	$4,500	NM
transfer facility to
comply with secondary
containment
requirements for
existing aboveground
tanks.
7:26A-6.6(f)7	Failure of used oil	$4,500	NM
transfer facility to
comply with secondary
containment
requirements for new
aboveground tanks.
7:26A-6.6(f)8	Failure of used oil	$3,000	M	30
transfer facility to
comply with used oil
labeling requirements.
7:26A-6.6(f)9	Failure by used oil	$4,500	NM
transfer facility to
comply with used oil
facility discharge
requirements.
7:26A-6.6(g)	Failure of used oil	$4,500	NM
transporter to comply
with tracking
requirements.
7:26A-6.7(b)	Failure of used oil	$5,000	NM
processor or
re-refining facility
to comply with
notification and/or EPA
identification
requirements.
7:26A-6.7(c)1 i	Failure of used oil	$5,000	NM
processor or
re-refining facility
to maintain or operate
facility to minimize
possibilities of fire,
explosion or any
unplanned sudden or
non-sudden releases of
used oil.
7:26A-6.7(c)1 ii	Failure of used oil	$4,500	NM
processor or
re-refining facility
to equip facility with
emergency equipment.
7:26A-6.7(c)1 iii	Failure of used oil	$3,000	M	30
processor or
re-refining facility
to test and maintain
emergency equipment.
7:26A-6.7(c)1 iv	Failure of used oil	$3,000	M	30
processor or
re-refining facility
to maintain access to
communications or alarm
system.
7:26A-6.7(c)1 v	Failure of used oil	$3,000	M	30
processor or
re-refining facility
to maintain sufficient
aisle space for the
unobstructed movement
of personnel or
equipment in an
emergency.
7:26A-6.7(c)1 vi	Failure of used oil	$3,000	M	30
processor or
re-refining facility
to make required
arrangements with
police or fire
departments, emergency
response contractors,
equipment suppliers, or
local hospitals, or to
document any such
authority's refusal of
such arrangements.
7:26A-6.7(c)2 i(1)	Failure of used oil	$4,500	NM
processor or
re-refining facility
to have a contingency
plan designed to
minimize hazards to
human health and the
environment.
7:26A-6.7(c)2 i(2)	Failure of used oil	$5,000	NM
processor or
re-refining facility
to carry out provisions
of the contingency plan
immediately if there is
a fire, explosion or
release of used oil.
7:26A-6.7(c)2 ii(1)	Failure of used oil	$3,000	M	30
processor or
re-refining facility
contingency plan to
describe actions to be
taken in response to
fires, explosions, or
any unplanned sudden or
non-sudden release.
7:26A-6.7(c)2 ii(2)	Failure of used oil	$3,000	M	30
processor or
re-refining facility
to amend its SPCC (40
CFR 112 or Part 1510 of
chapter V) or DPCC (N.J.
A.C. 7:1E) plan, to
incorporate used oil
management provisions.
7:26A-6.7(c)2 ii(3)	Failure of used oil	$3,000	M	30
processor or
re-refining facility
contingency plan to
describe arrangements
agreed to by local
police or fire
departments, hospitals,
contractors, or State
or local emergency
response teams.
7:26A-6.7(c)2 ii(4)	Failure of used oil	$3,000	M	30
processor or
re-refining facility
contingency plan to
list names, addresses
or phone numbers of
persons qualified to
act as emergency
coordinator.
7:26A-6.7(c)2 ii(5)	Failure of used oil	$3,000	M	30
processor or
re-refining facility
contingency plan to
list emergency
equipment, updated as
required, with its
location, description,
or capabilities
specified.
7:26A-6.7(c)2 ii(6)	Failure of used oil	$3,000	M	30
processor or
re-refining facility
contingency plan to
include evacuation
procedure for personnel
including signals,
evacuation routes or
alternate evacuation
routes.
7:26A-6.7(c)2 iii	Failure of used oil	$3,000	M	30
processor or
re-refining facility
contingency plan to be
maintained at facility
with a copy sent to
local police or fire
departments, hospitals
or State or local
emergency response
teams.
7:26A-6.7(c)2 iv	Failure of used oil	$3,000	M	30
processor or
re-refining facility
to review or amend
contingency plan as
necessary.
7:26A-6.7(c)2 v	Failure of used oil	$4,500	NM
processor or
re-refining facility
to make emergency
coordinator thoroughly
familiar with plan or
available at all times.
7:26A-6.7(c)2 vi(1)	Failure of used oil	$4,500	NM
processor or
re-refining facility
emergency coordinator
to activate alarms or
communications systems,
or to notify
appropriate State or
local agencies.
7:26A-6.7(c)2 vi(9)	Failure of used oil	$3,000	M	30
processor or
re-refining facility
to submit incident
report to Department
within 15 days after an
incident.
7:26A-6.7(d)1	Failure of used oil	$4,500	NM
processor or
re-refining facility
to determine if total
halogen content is
equal to, less than or
greater than 1000 ppm
for used oil being
transported or stored.
7:26A-6.7(d)4	Failure of used oil	$4,500	NM
processor or
re-refining facility
to ship used oil that
fails the rebuttable
presumption, for mixing
as a hazardous waste,
using a New Jersey
licensed hazardous
waste transporter.
7:26A-6.7(e)1	Failure of used oil	$4,500	NM
processor or
re-refining facility,
storing used oil, to
comply with applicable
Spill Prevention,
Control and
Countermeasures
regulations, Clean Air
Act regulations or
Underground Storage
Tank regulations.
7:26A-6.7(e)2	Failure of used oil	$3,000	M	30
processor or
re-refining facility
to ensure used oil is
stored only in tanks,
containers, or units
subject to regulation
at N.J.A.C.
7:26G-8 or 9.
7:26A-6.7(e)3	Failure of used oil	$4,500	NM
processor or
re-refining facility
to ensure containers or
aboveground tanks, used
to store or process
used oil, are in good
condition and not
leaking.
7:26A-6.7(e)4	Failure of used oil	$4,500	NM
processor or
re-refining facility
to comply with
secondary containment
requirements for
containers used to
store or process used
oil.
7:26A-6.7(e)5	Failure of used oil	$4,500	NM
processor or
re-refining facility
to comply with the
secondary containment
requirements for
existing aboveground
tanks used to store or
process used oil.
7:26A-6.7(e)6	Failure of used oil	$4,500	NM
processor or
re-refining facility
to comply with the
secondary containment
requirements for new
aboveground tanks used
to store or process
used oil.
7:26A-6.7(e)7	Failure of used oil	$3,000	M	30
processor or
re-refining facility
to comply with used oil
labeling requirements.
7:26A-6.7(e)8	Failure of used oil	$4,500	NM
processor or
re-refining facility
to comply with or
initiate response to
releases.
7:26A-6.7(e)9 i(1)	Failure of used oil	$10,000	NM
processor or
re-refining facility
at closure, who stored
or processed used oil
tanks, to remove or
decontaminate all used
oil residues in tanks,
contaminated
containment system
components,
contaminated soils, and
structures and
equipment contaminated
with used oil, and
manage them
appropriately.
7:26A-6.7(e)9 i(2)	Failure of used oil	$10,000	NM
processor or
re-refining facility
that cannot remove all
contamination from tank
systems at closure to
follow closure
requirements for
landfills.
7:26A-6.7(e)9 ii(1)	Failure of used oil	$4,500	NM
processor or
re-refining facility
at closure, who stored
used oil in containers,
to remove from the site
all containers holding
used oil or residues of
used oil.
7:26A-6.7(e)9 ii(2)	Failure of used oil	$10,000	NM
processor or
re-refining facility
at closure, who stored
used oil in containers,
to remove or
decontaminate all used
oil residues,
contaminated
containment system
components,
contaminated soils,
and structures and
equipment contaminated
with used oil, and
manage them
appropriately.
7:26A-6.7(f)	Failure of used oil	$5,000	NM
processor or
re-refining facility
to develop or follow a
written waste analysis
plan in accordance with
requirements at N.J.A.
C. 7:26A-6.7(f).
7:26A-6.7(g)	Failure of used oil	$4,500	NM
processor or
re-refining facility
to comply with used oil
tracking standards and
records.
7:26A-6.7(h)	Failure of used oil	$4,500	NM
processor or
re-refining facility
to comply with
operating record and
reporting standards.
7:26A-6.7(i)	Failure by used oil	$3,000	M	30
processor or
re-refining facility
to ensure used oil
transporter has an EPA
identification number.
7:26A-6.7(j)	Failure by used oil	$4,500	NM
processor or
re-refining facility
to manage process
residues in accordance
with N.J.A.C. 7:26A-6.
1(a)5.
7:26A-6.8(b)1	Used oil burner burned	$5,000	NM
off-specification used
oil in a device other
than an industrial
furnace, industrial or
utility boiler or
hazardous waste
incinerator or burned
off-specification used
oil in these devices
without a Permit to
Construct, Install or
Alter Control Apparatus
or Equipment and
Certificate to Operate
Control Apparatus.
7:26A-6.8(b)2 i	Failure by used oil	$5,000	NM
burner to comply with
prohibition against
aggregating off
specification used oil
with other fuels to
produce an
on-specification used
oil fuel.
7:26A-6.8(c)	Failure of used oil	$4,500	NM
burner to comply with
notification and/or
EPA identification
requirements.
7:26A-6.8(d)1	Failure of used oil	$5,000	NM
burner to determine if
total halogen content
is equal to, less than
or greater than 1000
ppm for used oil
being transported or
stored.
7:26A-6.8(d)4	Failure by used oil	$4,500	NM
burner to retain
records of analyses,
or other information
used to ensure used oil
is not a hazardous
waste, for 3 years.
7:26A-6.8(e)1	Failure of used oil	$3,000	M	30
burner storing used oil
to comply with
applicable Spill
Prevention, Control and
Countermeasures
regulations, Clean Air
Act regulations or
Underground Storage
Tank regulations.
7:26A-6.8(e)2	Failure of used oil	$3,000	M	30
burner to ensure used
oil is stored only in
tanks, containers, or
units subject to
regulation at N.J.A.C.
7:26G-8 or 9.
7:26A-6.8(e)3	Failure of used oil	$4,500	NM
burner to ensure used
oil containers or
aboveground tanks are
in good condition and
not leaking.
7:26A-6.8(e)4	Failure of used oil	$4,500	NM
burner, storing used
oil in containers, to
comply with the
secondary containment
requirements.
7:26A-6.8(e)5	Failure of used oil	$4,500	NM
burner, storing used
oil in existing
aboveground tank(s), to
comply with the
secondary containment
requirements.
7:26A-6.8(e)6	Failure of used oil	$4,500	NM
burner, storing used
oil in new aboveground
tank(s), to comply with
secondary containment
requirements.
7:26A-6.8(e)7	Failure of used oil	$3,000	M	30
burner to comply with
used oil-labeling
requirements.
7:26A-6.8(e)8	Failure of used oil	$4,500	NM
burner to comply with
or initiate response
to releases.
7:26A-6.8(f)	Failure of used oil	$4,500	NM
burner to comply with
operating record and
recordkeeping standards.
7:26A-6.8(g)	Failure of a used oil	$4,500	NM
burner to comply with
first-time notice and
recordkeeping standards.
7:26A-6.8(h)	Failure of used oil	$4,500	NM
burner to manage
residues from storage
or burning in
accordance with N.J.A.C.
7:26A-6.1(a)5.
7:26A-6.9(a)3	Failure of used oil	$4,500	NM
fuel marketer to comply
with the standards for
used oil generators,
transporters/transfer
facilities,
processors/re-refiners
or burners.
7:26A-6.9(b)	Failure of a used oil	$5,000	NM
fuel marketer to ship
off-specification used
only to an
authorized burner
facility.
7:26A-6.9(c)1	Failure of a used oil	$5,000	NM
generator, transporter,
processor/re-refiner
or burner to determine
if used oil meets the
fuel specification at
N.J.A.C. 7:26A-6.2 or
failure to provide a
copy of analyses or
other information to
facility receiving
shipment of used oil.
7:26A-6.9(c)2	Failure of first person	$4,500	NM
claiming used oil fuel
meets fuel
specification at N.J.A.
C. 7:26A-6.2 to retain
copies of analyses or
other information used
to make determination
for three years.
7:26A-6.9(d)1	Failure of used oil	$4,500	NM
fuel marketer to comply
with notification
and/or EPA
identification
requirements.
7:26A-6.9(e)1	Failure of used oil	$4,500	NM
fuel marketer to comply
with invoicing
requirements for
off-specification used
oil fuel.
7:26A-6.9(e)2	Failure of used oil	$4,500	NM
fuel marketer to comply
with tracking
requirements for
shipments of
off-specification used
oil fuel.
7:26A-6.9(e)3	Failure of first person	$4,500	NM
claiming used oil fuel
meets fuel
specification at N.J.A.
C. 7:26A-6.2 to comply
with tracking
requirements for
shipments of
on-specification used
oil fuel.
7:26A-6.9(f)	Failure of used oil	$4,500	NM
marketer to comply with
notice standards.
7:26A-6.10(b)1	Failure to manage used	$5,000	NM
oil that has been
identified as a
hazardous waste and
cannot be recycled, as
a hazardous waste.
7:26A-6.10(b)2	Failure to manage used	$4,500	NM
oil that is not
hazardous waste and
cannot be recycled, as
a solid waste.
7:26A-6.10(c)	Failure to comply with	$5,000	NM
prohibition against
using used oil as a
dust suppressant.

5. The violations of 40 CFR 273, Standards for the management of Universal Waste, the type of violation as minor (M) or non-minor (NM), the applicable grace period if the violation is minor, and the civil base administrative penalty for each violation, are as set forth in the following table.

Rule	Rule Summary	Base	Type of	Grace
-----	------------	Penalty	Violation	Period
--------	---------	(days)
------
40 CFR
§273.11	Failure of small	$4,500	NM
quantity handler of
universal waste to
comply with universal
waste prohibitions.
§273.13(a)1	Failure of small	$4,500	NM
quantity handler of
universal waste to
place universal waste
batteries which show
evidence of leakage,
spillage or damage in
a container that is
closed, structurally
sound, compatible with
the contents of the
batteries, and
non-leaking.
§273.13(a)2	Failure of small	$4,500	NM
quantity handler of
universal waste
conducting
activities
not to manage as
hazardous waste casings
of individual battery
cells that have been
breached
§273.13(a)3	Failure of small	$5,000	NM
quantity handler of
universal waste to
determine if removed
electrolyte or other
solid waste is
hazardous and to
manage it in compliance
with all appropriate
regulations.
§273.13(b)1	Failure of small	$4,500	NM
quantity handler of
universal waste to
place universal waste
pesticides in a
container that is
closed, structurally
sound, compatible with
the pesticide, and
non-leaking.
§273.13(b)2	Failure of small	$4,500	NM
quantity handler of
universal waste to
overpack containers of
universal waste
pesticides which did
not meet 40 CFR § 273.
13(b)1.
§273.13(b)3	Failure of small	$3,000	M	30
quantity handler of
universal waste to
contain universal waste
pesticides in a tank
which meets the
requirements of 40 CFR
§265 Subpart J.
§273.13(b)4	Failure of small	$4,500	NM
quantity handler of
universal waste to
place universal waste
pesticides in a
transport vehicle or
vessel that is closed,
structurally sound,
compatible with the
pesticide, and
non-leaking.
§273.13(c)1	Failure of small	$4,500	NM
quantity handler of
universal waste to
place universal waste
mercury containing
equipment which
contains non-elemental
mercury or shows
evidence of leakage,
spillage or damage in
a container that is
closed, structurally
sound, compatible with
the contents of the
device, and
non-leaking, and
designed to prevent the
escape of mercury into
the environment.
§273.13(c)2i	Failure of small	$4,500	NM
quantity handler of
universal waste to
remove
mercury-containing
ampules in a manner
designed to prevent
breakage of the
ampules.
§273.13(c)2ii	Failure of small	$4,500	NM
quantity handler of
universal waste to
remove
mercury-containing
ampules only over or in
a containment device.
§273.13(c)2iii	Failure of small	$4,500	NM
quantity handler of
universal waste to
ensure that a mercury
clean-up system is
readily available to
immediately transfer
any mercury, resulting
from spills or leaks
from broken ampules,
from the containment
device to a container
that meets the
requirements of 40 CFR
§262.34.
§273.13(c)2iv	Failure of small	$4,500	NM
quantity handler of
universal waste to
immediately transfer
any mercury resulting
from spills or leaks
from broken ampules
from the containment
device to a container
that meets the
requirements of 40 CFR
§262.34.
§273.13(c)2v	Failure of small	$4,500	NM
quantity handler of
universal waste to
ensure that the area in
which
mercury-containing
ampules are removed is
well ventilated and
monitored to ensure
compliance with
applicable OSHA
permissible exposure
levels for mercury.
§273.13(c)2vi	Failure of small	$4,500	NM
quantity handler of
universal waste to
ensure that employees
removing
mercury-containing
ampules are thoroughly
familiar with proper
waste mercury handling
and emergency
procedures.
§273.13(c)2vii	Failure of small	$4,500	NM
quantity handler of
universal waste to
store
mercury-containing
ampules in closed,
non-leaking containers
that are in good
condition.
§273.13(c)2viii	Failure of small	$4,500	NM
quantity handler of
universal waste to
pack mercury-containing
ampules in containers
with packing materials
adequate to prevent
breakage during storage,
handling, and
transportation.
§273.13(c)3	Failure of small	$3,000	M	30
quantity handler of
universal waste, who
removed the opened
original housing holding
mercury not contained in
an ampule, to
immediately seal the
housing with an
air-tight seal, and to
follow the requirements
under 40 CFR 273.13(c)2
for removing and
managing ampules.
§273.13(c)4	Failure of small	$5,000	NM
quantity handler of
universal waste, who
removes mercury
containing ampules or
seals mercury in its
original housing, to
determine if any waste
generated exhibits a
characteristic of
hazardous waste, and to
manage the waste in
compliance with all
appropriate
regulations.
§273.13(d)1	Failure of small	$4,500	NM
quantity handler of
universal waste to
place universal waste
lamps which show
evidence of leakage,
spillage or damage in
a container that is
closed, structurally
sound, compatible with
the contents of the
lamp, and non-leaking.
§273.13(d)2	Failure of small	$4,500	NM
quantity handler of
universal waste to
clean up and place any
lamp that is broken or
that shows evidence of
breakage, leakage, or
damage that could cause
the release of
hazardous constituents,
into a container that
is closed, structurally
sound, compatible with
the consumer electronic,
and non-leaking.
§273.14(a)	Failure of small	$3,000	M	30
quantity handler of
universal waste to
properly label or mark
universal waste
batteries or containers
of universal waste
batteries.
§273.14(b)	Failure of small	$3,000	M	30
quantity handler of
universal waste to
properly label or mark
containers, tanks,
transport vehicles or
vessels of recalled
universal waste
pesticides.
§273.14(c)	Failure of small	$3,000	M	30
quantity handler of
universal waste to
properly label or mark
containers, tanks,
transport vehicles or
vessels of unused
universal waste
pesticides.
§273.14(d)	Failure of small	$3,000	M	30
quantity handler of
universal waste to
properly label or mark
universal waste
mercury containing
equipment or containers
of universal waste
mercury containing
equipment.
§273.14(e)	Failure of small	$3,000	M	30
quantity Handler of
universal waste to
properly label or mark
universal waste lamps
or containers of
universal waste lamps.
§273.15(a)-(b)	Small quantity handler	$5,000	NM
of universal waste
accumulated universal
waste for greater than
one year, without
proving the
accumulation was
solely for the purpose
of facilitating proper
recovery, treatment or
disposal.
§273.15(c)	Failure of small	$4,500	NM
quantity handler of
Universal Waste to
demonstrate the length
of time that the
universal waste was
accumulated.
§273.16	Failure of small	$4,500	NM
quantity handler of
universal waste to
ensure that all
employees are
thoroughly familiar
with proper waste
handling and emergency
procedures.
§273.17(a)	Failure of small	$5,000	NM
quantity handler of
universal waste to
immediately contain any
releases or residues of
universal waste.
§273.17(b)	Failure of small	$5,000	NM
quantity handler of
universal waste to
determine if any
material resulting from
the release of
universal waste is
hazardous, and to
properly manage the
waste.
§273.18(a)	small quantity handler	$4,500	NM
of universal waste sent
or took universal
waste to a place other
than another universal
waste handler, a
destination facility,
or a foreign
destination.
§273.18(b)	Failure of small	$3,000	M	30
quantity handler of
universal waste who
self-transports to
comply with the
requirements at 40 CFR
§273 Subpart D and
N.J.A.C. 7:26A-7.4.
§273.18(c)	Failure of small	$3,000	M	30
quantity handler of
universal waste to
properly package, label,
mark, placard or
complete the proper
shipping papers for
shipments of universal
waste which are
hazardous materials.
§273.18(d)	Failure of the	$4,500	NM
originating handler to
ensure that the
receiving handler
agrees to accept the
universal waste.
§273.18(e)	Failure of small	$5,000	NM
quantity handler of
universal waste to
receive back or agree
on an alternate
facility for rejected
shipments of universal
waste.
§273.18(f)	Failure of small	$5,000	NM
quantity handler of
universal waste to
properly reject
shipments of universal
waste.
§273.18(g)	Failure of small	$5,000	NM
quantity handler of
universal waste to
immediately notify the
Department if an
illegal shipment of
hazardous waste, that
was shipped as
universal waste, is
received.
§273.18(h)	Failure of small	$3,000	M	30
quantity handler of
universal waste
receiving non-hazardous,
non-universal waste to
manage such waste in
accordance with N.J.A.C.
7:26.
§273.20(a)	Failure of small	$3,000	M	30
quantity handler of
Universal Waste to
comply with the
requirements of a
primary exporter when
shipping universal
waste to a foreign
destination.
§273.20(b)	Small quantity handler	$5,000	NM
of universal waste
exported universal
waste without consent
of the receiving
country and/or not in
conformance with EPA
Acknowledgement of
Consent.
§273.20(c)	Failure of small	$3,000	M	30
quantity handler of
universal waste that
exported universal
waste to provide a copy
of the EPA
Acknowledgement of
Consent to the
transporter.
§273.31(a)	Failure of large	$4,500	NM
quantity handler of
Universal Waste to
comply with universal
waste prohibitions.
§273.32(a)	Failure of large	$5,000	NM
quantity handler of
universal waste to
send a written
notification to the
Department and/or
receive an EPA
Identification Number
prior to meeting or
exceeding the 5,000 kg
storage limit.
§273.32(b)	Failure of large	$3,000	M	30
quantity handler of
universal waste to
include all information
on the written
notification to the
Department.
§273.33(a)1	Failure of large	$4,500	NM
quantity handler of
universal waste to
place universal waste
batteries which show
evidence of leakage,
spillage or damage in
a container that is
closed, structurally
sound, compatible with
the contents of the
batteries, and
non-leaking.
§273.33(a)2	Failure of large	$4,500	NM
quantity handler of
universal waste
conducting
activities not to
manage as hazardous
waste casings of
individual battery
cells that have been
breached
§273.33(a)3	Failure of Large	$5,000	NM
quantity Handler of
universal waste to
determine if removed
electrolyte or other
solid waste is
hazardous and to
manage it in compliance
with all appropriate
regulations.
§273.33(b)1	Failure of Large	$4,500	NM
quantity Handler of
universal waste to
place universal waste
pesticides in a
container that is
closed, structurally
sound, compatible with
the pesticide, and
non-leaking.
§273.33(b)2	Failure of Large	$4,500	NM
quantity Handler of
universal waste to
overpack containers of
universal waste
pesticides which did
not meet requirements
of 40 CFR § 273.33(b)1.
§273.33(b)3	Failure of Large	$3,000	M	30
quantity Handler of
universal waste to
contain universal waste
pesticides in a tank
which meets the
requirements of 40 CFR
§265 Subpart J.
§273.33(b)4	Failure of Large	$4,500	NM
quantity Handler of
universal waste to
place universal waste
pesticides in a
transport vehicle or
vessel that is closed,
structurally sound,
compatible with the
pesticide, and
non-leaking.
§273.33(c)1	Failure of large	$4,500	NM
quantity handler of
universal waste to
place universal waste
mercury containing
equipment which contains
non-elemental mercury or
shows evidence of
leakage, spillage or
damage in a container that is
closed, structurally
sound, compatible with
the contents of the
device,
non-leaking.
§273.33(c)2i	Failure of large	$4,500	NM
quantity handler of
universal waste to
remove
mercury-containing
ampules in a manner
designed to prevent
breakage of the
ampules.
§273.33(c)2ii	Failure of large	$4,500	NM
quantity handler of
universal waste to
remove
mercury-containing
ampules only over or in
a containment device.
§273.33(c)2iii	Failure of large	$4,500	NM
quantity handler of
universal waste to
ensure that a mercury
clean-up system is
readily available to
immediately transfer
any mercury, resulting
from spills or leaks
from broken ampules,
from the containment
device to a container
that meets the
requirements of 40 CFR
§262.34.
§273.33(c)2iv	Failure of Large	$4,500	NM
quantity Handler of
universal waste to
immediately transfer
any mercury resulting
from spills or leaks
from broken ampules
from the containment
device to a container
that meets the
requirements of 40 CFR
§262.34.
§273.33(c)2v	Failure of large	$4,500	NM
quantity Handler of
universal waste to
ensure that the area in
which
mercury-containing
ampules are removed is
well ventilated and
monitored to ensure
compliance with
applicable OSHA
permissible exposure
levels for mercury.
§273.33(c)2vi	Failure of large	$4,500	NM
quantity Handler of
universal waste to
ensure that employees
removing
mercury-containing
ampules are thoroughly
familiar with proper
waste mercury handling
and emergency
procedures.
§273.33(c)2vii	Failure of large	$4,500	NM
quantity Handler of
universal waste to
store
mercury-containing
ampules in closed,
non-leaking containers
that are in good
condition.
§273.33(c)2viii	Failure of large	$4,500	NM
quantity Handler of
universal waste to
pack mercury-containing
ampules in containers
with packing materials
adequate to prevent
breakage during storage,
handling, and
transportation.
§273.33(c)3	Failure of large	$3,000	M	30
quantity Handler of
universal waste, who
removed the opened
original housing holding
mercury not contained
in an ampule, to
immediately see the
housing with an
air-tight seal, and to
follow the requirement
under 40 CFR 273.33(c)2
for removing and
managing ampules.
§273.33(c)4	Failure of large	$5,000	NM
quantity handler of
universal waste, who
removes mercury
containing ampules or
seals mercury in its
original housing, to
determine if any waste
generated exhibits a
characteristic of
hazardous waste, and
to manage the waste in
compliance with all
appropriate regulations.
§273.33(d)1	Failure of large	$4,500	NM
quantity handler of
universal waste to
place universal waste
lamps in a container
that is closed,
structurally sound,
compatible with the
contents of the lamp,
and non-leaking.
§273.33(d)2	Failure of large	$4,500	NM
quantity handler of
universal waste to
clean up and place any
lamp that is broken or
that shows evidence of
breakage, leakage, or
damage that could cause
the release of
hazardous constituents,
in a container that is
closed, structurally
sound, compatible with
the lamp, and
non-leaking
§273.34(a)	Failure of large	$3,000	M	30
quantity handler of
universal waste to
properly label or mark
universal waste
batteries or containers
of universal waste
batteries.
§273.34(b)	Failure of large	$3,000	M	30
quantity handler of
universal waste to
properly label or mark
containers, tanks,
transport vehicles or
vessels of recalled
universal waste
pesticides.
§273.34(c)	Failure of large	$3,000	M	30
quantity Handler of
universal waste to
properly label or mark
containers, tanks,
transport vehicles or
vessels of unused
universal waste
pesticides.
§273.34(d)	Failure of large	$3,000	M	30
quantity Handler of
universal waste mercury
containing equipments or
containers of universal
waste mercury containing
equipment.
§273.34(e)	Failure of large	$3,000	M	30
quantity handler of
universal waste to
properly label or mark
universal waste lamp or
or containers of
universal waste lamps.
§273.35(a)-(b)	large quantity Handler	$5,000	NM
of universal waste
accumulated universal
waste for greater than
one year, without
proving the
accumulation was
solely for the purpose
of facilitating proper
recovery, treatment or
disposal.
§273.35(c)	Failure of large	$4,500	NM
quantity Handler of
universal waste to
demonstrate the length
of time that the
universal waste was
accumulated.
§273.36	Failure of large	$4,500	NM
quantity Handler of
universal waste to
ensure that all
employees are
thoroughly familiar
with proper waste
handling and emergency
procedures.
§273.37(a)	Failure of large	$5,000	NM
quantity Handler of
universal waste to
immediately contain any
releases or residues of
universal waste.
§273.37(b)	Failure of large	$5,000	NM
quantity Handler of
universal waste to
determine if any
material resulting from
the release of
universal waste is
hazardous, and to
properly manage the
waste.
§273.38(a)	large quantity Handler	$4,500	NM
of universal waste sent
or took universal
waste to a place other
than another universal
waste handler, a
destination facility,
or a foreign
destination.
§273.38(b)	Failure of large	$3,000	M	30
quantity Handler of
universal waste who
self-transports to
comply with the
requirements at 40 CFR
§273 Subpart D and N.
J.A.C. N.J.A.C. 7:26A-7.4.
§273.38(c)	Failure of large	$3,000	M	30
quantity Handler of
universal waste to
properly package, label,
mark, placard or
complete the proper
shipping papers for
shipments of universal
waste which are
hazardous materials.
§273.38(d)	Failure of the	$4,500	NM
originating handler to
ensure that the
receiving handler
agrees to accept the
universal waste.
§273.38(e)	Failure of large	$5,000	NM
quantity Handler of
universal waste to
receive back or agree
on an alternate
facility for rejected
shipments of universal
waste.
§273.38(f)	Failure of large	$5,000	NM
quantity Handler of
universal waste to
properly reject
shipments of universal
waste.
§273.38(g)	Failure of large	$5,000	NM
quantity Handler of
universal waste to
immediately notify the
Department if an
illegal shipment of
hazardous waste, that
was shipped as
universal waste, is
received.
§273.38(h)	Failure of large	$3,000	M	30
quantity Handler of
universal waste
receiving non-hazardous,
non-universal waste to
manage such waste in
accordance with N.J.A.C.
7:26.
§273.39(a)1	Failure of large	$3,000	M	30
quantity Handler of
universal waste to
record the name and
address of the
originating universal
waste handler or
foreign shipper from
whom the universal
waste was sent.
§273.39(a)2	Failure of large	$3,000	M	30
quantity Handler of
universal waste to
record the quantity of
each type of universal
waste received.
§273.39(a)3	Failure of large	$3,000	M	30
quantity Handler of
universal waste to
record the date of
receipt of the shipment
of universal waste.
§273.39(b)1	Failure of large	$3,000	M	30
quantity Handler of
universal waste to
record the name and
address of the
universal waste handler,
destination facility,
or foreign destination
to whom universal waste
was sent.
§273.39(b)2	Failure of large	$3,000	M	30
quantity Handler of
universal waste to
record the quantity of
each type of universal
waste sent.
§273.39(b)3	Failure of large	$3,000	M	30
quantity Handler of
universal waste to
record the date the
shipment of universal
waste left the facility.
§273.39(c)	Failure of large	$3,000	M	30
quantity Handler of
universal waste to
retain the records for
at least three years.
§273.40(a)	Failure of large	$3,000	M	30
quantity Handler of
universal waste to
comply with the
requirements of a
primary exporter when
shipping universal
waste to a foreign
destination.
§273.40(b)	large quantity Handler	$5,000	NM
of universal waste
exported universal
waste without consent
of the receiving
country and/or not in
conformance with EPA
Acknowledgement of
Consent.
§273.40(c)	Failure of large	$3,000	M	30
quantity Handler of
universal waste that
exported universal
waste to provide a copy
of the EPA
Acknowledgement of
Consent to the
transporter.
§273.51	Failure of universal	$4,500	NM
waste Transporter to
comply with universal
waste prohibitions.
§273.52(a)	Failure of universal	$4,500	NM
waste Transporter to
comply with USDOT
requirements for
universal waste which
meets the definition of
a hazardous material.
§273.52(b)	universal waste	$3,000	M	30
Transporter described a
universal waste with
the words hazardous
waste or N.O.S. or
included the word waste
in the shipping
description.
§273.53	universal waste	$4,500	NM
Transporter stored
universal waste at a
transfer facility for
greater than 10 days
without being in
compliance subpart B
or C of 40 CFR § 273.
§273.54(a)	Failure of universal	$5,000	NM
waste Transporter to
immediately contain
any releases or
residues of universal
waste.
§273.54(b)	Failure of universal	$5,000	NM
waste Transporter to
determine if any
material resulting from
the release of
universal waste is
hazardous, and to
properly manage the
waste.
§273.55(a)	universal waste	$5,000	NM
Transporter sent or
took universal waste
to a place other than
another universal waste
handler, a destination
facility, or a foreign
destination.
§273.55(b)	Failure of universal	$3,000	M	30
waste Transporter to
properly describe, on
the shipping paper, any
universal waste that
meets the definition
of a hazardous material.
§273.56	universal waste	$5,000	NM
Transporter accepted a
shipment of universal
waste, to be shipped to
a foreign destination,
knowing the shipment
did not conform to the
EPA Acknowledgement of
Consent.
§273.56(a)	Failure of universal	$3,000	M	30
waste Transporter
exporting universal
waste to ensure that a
copy of the EPA
Acknowledgement of
Consent accompanied
the shipment.
§273.56(b)	Failure of universal	$5,000	NM
waste Transporter
exporting universal
waste to ensure that
the waste was delivered
to the facility
designated by the
person initiating the
shipment.
§273.60(a)	Failure of owner or	$3,000	M	30
operator of a universal
waste Destination
Facility to comply with
the requirements of 40
CFR Parts §§124, 264
through 266 and 270, as
incorporated by
reference at N.J.A.C.
7:26G, and the
notification
requirement under
Section 3010 of RCRA.
§273.60(b)	Failure of owner or	$3,000	M	30
operator of a universal
waste Destination
Facility, that recycles
a particular universal
waste without storing
that universal waste
before it is recycled,
to comply with 40 CFR
§261.6(c)(2) as
incorporated by
reference at N.J.A.C.
7:26G-5.
§273.61(a)	Owner or operator of a	$5,000	NM
universal waste
Destination Facility
sent or took universal
waste to a place other
than a universal waste
handler, another
destination facility or
foreign destination.
§273.61(b)	Failure of owner or	$5,000	NM
operator of a universal
waste Destination
Facility to properly
reject shipments of
universal waste.
§273.61(c)	Failure of owner or	$5,000	NM
operator of a universal
waste Destination
Facility to immediately
notify the Department
if an illegal shipment
of hazardous waste,
that was shipped as
universal waste, is
received.
§273.62(a)1	Failure of owner of	$3,000	M	30
operator of a universal
waste Destination
Facility to record the
name and address of the
originating universal
waste handler or
foreign shipper from
whom the universal
waste was sent.
§273.62(a)2	Failure of owner of	$3,000	M	30
operator of a universal
waste Destination
Facility to record the
quantity of each type
of universal waste
received.
§273.62(a)3	Failure of owner or	$3,000	M	30
operator of a universal
waste Destination
Facility to record the
date of receipt of the
shipment of universal
waste.
§273.62(b)	Failure of owner or	$3,000	M	30
operator of a universal
waste Destination
Facility to keep
records for three years.
§273.70	Failure of universal	$3,000	M	30
waste Transporter,
managing universal
waste that was imported
from a foreign country,
to comply with the
requirements of 40 CFR
§273 Subpart D
immediately after waste
was received in the
United States.
§273.70(b)	Failure of Small or	$3,000	M	30
large quantity Handlers
of universal waste,
managing universal
waste that was imported
from a foreign country,
to comply with the
requirements of 40 CFR
§273 Subpart B or C
after waste was
received in the United
States.
§273.70(c)	Failure of owner or	$3,000	M	30
operator of a universal
waste Destination
Facility, managing
universal waste that
was imported from a
foreign country, to
comply with the
requirements of 40 CFR
§273 Subpart E after
waste is received in
the United States.

6. The violations of N.J.A.C. 7:26A-7, Standards for the management of Universal Waste, the type of violation as minor (M) or non-minor (NM), the applicable grace period if the violation is minor, and the civil base administrative penalty for each violation, are as set forth in the following table.

Rule	Rule Summary	Base	Type of	Grace
----	-----------	Penalty	Violation	Period
------	---------	(days)
-----
N.J.A.C.
7:26A-7.4(b)1	Failure of small	$4,500	NM
quantity handler of
universal waste to
place a consumer
electronic that shows
evidence of leakage,
spillage, or damage that
could cause leakage, in a
container that is closed,
structurally sound,
compatible with the
consumer electronic, and
non-leaking.
7:26A-7.4(b)2	Small quantity handler of	$4,500	NM
universal waste
disassembled a consumer
electronic in a manner
that constituted
processing or treatment.
7:26A-7.4(b)3	Failure of small quantity	$5,000	NM
handler of universal waste
who generates a solid
waste, as the result of
performing activities, to
determine if the waste
is hazardous.
7:26A-7.4(c)	Failure of small quantity	$3,000	M	30
handler of universal waste
to manage oil-based
finishes, in its original
or otherwise appropriate
and labeled packaging.
7:26A-7.4(c)1	Failure of small quantity	$4,500	NM
handler of universal waste
to place any universal
waste oil-based finish
that shows evidence of
leakage, spillage,
or damage that could cause
leakage, into a container
that is closed,
structurally sound,
compatible with the
contents of the oil-based
finish, and non-leaking.
7:26A-7.4(c)2	Small quantity handler of	$4,500	NM
universal waste to
handled universal waste
oil-based finishes in a
manner that constituted
processing.
7:26A-7.5(b)1	Failure of large quantity	$4,500	NM
handler of universal waste
to place any consumer
electronic that shows
evidence of leakage,
spillage, or damage that
could cause leakage, in a
container that is closed,
structurally sound,
compatible with the
contents of the consumer
electronics, and
non-leaking.
7:26A-7.5(b)2	Large quantity handler of	$4,500	NM
universal waste conducted
disassembling or
processing on consumer
electronics without
applying for a Class D
approval.
7:26A-7.5(c)	Failure of large quantity	$3,000	M	30
handler of universal waste
to manage universal
waste finishes in its
original packaging.
7:26A-7.5(c)2	Failure of large quantity	$4,500	NM
handler of universal
waste to place any
universal waste finish
that shows evidence of
leakage, spillage, or
damage that could cause
leakage in a container
that is closed,
structurally sound,
compatible with the
contents of the universal
waste finish, and
non-leaking.
7:26A-7.5(c)3	Large quantity handler of	$4,500	NM
universal waste conducted
disassembling or
processing activities on
universal waste finishes
without applying for a
Class D approval.
7:26A-7.5(d)	Failure of large quantity	$3,000	M	30
handler of universal waste
to submit a report to
the Department documenting
the types and amounts of
universal waste which
were received, stored and
shipped in the preceding
calendar year.
7:26A-7.7(a)	Failure to accumulate	$3,000	M	30
universal waste consumer
eluniversal waste
ectronics devices in a
closed container that is
clearly marked with the
words Universal
Waste-Consumer
Electronics.
7:26A-7.7(b)	Failure to mark a	$3,000	M	30
container, tank, transport
vehicle or other vessel in
which oil-based waste
finishes are contained,
with the words Universal
Waste-Oil-Based Finish.

7. The violations of N.J.A.C. 7:26A-8, Requirements for Transporters of Source Separated Materials, the type of violation as minor (M) or non-minor (NM), the applicable grace period if the violation is minor, and the civil administrative base penalty for each violation are as set forth in the following table.

Rule	Rule Summary	Base	Type of	Grace
----	------------	Penalty	Violation	Period
------	--------	(days)
------
N.J.A.C.
7:26A-8.1	Failure by a transporter of	$3,000	M	30
recyclable materials to provide a
recycling tonnage report by February
1 of each year.
7:26A-8.3	Failure of transporter to not mix	$4,500	NM
source-separated recyclables with
other wastes.

8. The violations of N.J.A.C. 7:26A-10, Standards for Generators of Source Separated Recyclable Materials, the type of violation as minor (M) or non-minor (NM), the applicable grace period if the violation is minor, and the civil administrative base penalty for each violation are as set forth in the following table.

Rule	Rule Summary	Base	Type of	Grace
----	------------	Penalty	Violation	Period
-------	--------	(days)
------
N.J.A.C.
7:26A-10.2	Failure of generator to	$3,000	M	30
separate,store, and set out
waste in accordance with the
municipal recycling
ordinance.
7:26A-10.4(a)1	Failure of generator to	$3,000	M	30
approval from governing
municipality for alternate
recycling of
non-source-separated waste.
7:26A-10.4(a)2	Failure of generator to	$3,000	M	30
provide annual written
documentation to the
municipality of the total
number of tons recycled.
7:26A-10.4(b)	Failure of generator to	$3,000	M	30
show letter of exemption to
enforcement officers or
municipal recycling
coordinator.

9. The violations of N.J.A.C. 7:26A-11, Standards for Municipalities, the type of violation as minor (M) or non-minor (NM), the applicable grace period if the violation is minor, and the civil administrative base penalty for each violation are as set forth in the following table.

Rule	Rule Summary	Base	Type of	Grace
----	------------	Penalty	Violation	Period
-------	--------	(days)
------
N.J.A.C.
7:26A-11.1(a)	Failure of municipality to	$3,000	M	90
designate a recycling
coordinator.
7:26A-11.1(b)	Failure of municipality to	$3,000	M	90
adopt a recycling ordinance
containing required components
7:26A-11.2(a)	Failure of municipality to	$3,000	M	30
comply with recordkeeping and
annual reporting requirements.
7:26A-11.3	Failure of municipality to	$3,000	M	30
notify persons occupying
residential, commercial, and
institutional premises
within its municipal
boundaries of local recycling
opportunities, and the
source separation requirements
of the ordinance.
7:26A-11.4(a)	Failure of municipality to	$3,000	M	30
oversee collection of
designated materials or
to provide for collection in
instances where collection is
not otherwise provided.
7:26A-11.4(c)	Failure of municipality	$3,000	M	30
governing bodyto review master
and revise master plan.
7:26A-11.4(c)	Failure of municipality to	$3,000	M	30
include in master plan
provisions for recycling
at developments with 50 or
more units of single-family
residential housing or 25 or
more units of multi-family
residential housing and any
commercial or industrial
development proposal for the
utilization of 1,000 square
feet.
7:26A-11.5(a)1	Failure of municipal	$3,000	M	30
through 5	coordinator to review the
applicant's documentation of
alternative provisions for
recycling of designated
materials prior to issuing an
exemption
7:26A-11.5(a)7	Failure of municipality to	$4,500	NM
revoke exemption to generator
upon failure to meet
requirements.

10. The violations of N.J.A.C. 7:26A-12, Standards for Counties, the type of violation as minor (M) or non-minor (NM), the applicable grace period if the violation is minor, and the civil administrative base penalty for each violation are as set forth in the following table.

Rule	Rule Summary	Base	Type of	Grace
-----	-----------	Penalty	Violation	Period
-------	---------	(days)
------
N.J.A.C.
7:26A-12.2(a)	Failure of designated	$3,000	M	90
implementation agency to prepare
a district solid
waste management plan and county
recycling plan or to update this
plan as required.
7:26A-12.2(b)	Failure of county recycling plan	$3,000	M	30
to include a strategy for the
collection, marketing and
disposition of designated source
separated recyclable materials.
7:26A-12.3(a)1	Failure of county recycling	$3,000	M	30
coordinator to maintain contact
information for all recycling
coordinators.
7:26A-12.3(a)2	Failure of county recycling	$3,000	M	30
coordinator to maintain records
regarding the issuance, by each
municipal governing body, of the
exemption from the source
separation issued pursuant to
N.J.A.C. 7:26A-11.5.
N.J.A.C. 7:26A-12.3(a)3	Failure of county recycling	$3,000	M	30
coordinator to maintain copies of
all municipal recycling
ordinances and ensure that these
ordinances are consistent with
the county recycling plan.
7:26A-12.3(a)4	Failure of county recycling	$3,000	M	30
coordinator to meet with all
municipal recycling coordinators,
at least annually, to determine
progress toward meeting the
recycling goals of the county
recycling plan.

N.J. Admin. Code § 7:26A-9.4