N.J. Admin. Code § 7:26A-9.4

Current through Register Vol. 56, No. 21, November 4, 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 7:26A-9.4(g).

(b) Each violation of a rule listed in 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 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 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.
	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.
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.
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
	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. 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
	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