N.J. Admin. Code § 7:26G-2.4

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

Section 7:26G-2.4 - Civil administrative penalties for violations 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 7:26G-2.4(g).

(b) Each violation of a rule listed in (g) below 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 (g) below 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 procedures which follow in (f)1 through 4 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 9 below;

2. Identify the corresponding base penalty dollar amount for the rule violated as listed in (g)1 through 9 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 rule less than 12 months prior to the violation	1.00
ii.Violator had violated a different rule less than 12 months prior to the violation	0.50
iii.Violator had violated the same rule during the period
which began 24 months prior to the violation and ended
12 months prior to the violation	0.50
iv. Violator had violated a different rule during the
period which began 24 months prior to the violation and
ended 12 months prior to the violation	0.25

4. To obtain the civil administrative penalty for a particular violation, 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 for that violation shall be $ 50,000.

EXAMPLE:
Base penalty (for violation of N.J.A.C.
7:26-7.4(a)6)	=	$ 1,000
Subparagraph (f)3iii applies:
0.50 x 1000	=	500
Subparagraph (f)3iv applies:
0.25 x 1000	= +250
Civil administrative penalty	$ 1,750

(g) The following summary of rules contained in N.J.A.C. 7:26G-2 through 7:26G-12 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. 7:26G-2 through 7:26G-12, then the provision in N.J.A.C. 7:26G-2 through 7:26G-12 shall prevail. The citations beginning with the symbol "§" identify the rule section found in 40 C.F.R. Parts 124, 260-266, 268 and 270. Citations beginning with "7:26G" signify a State requirement not found in 40 C.F.R. Parts 124, 260 - 266, 268 and 270. The word "matrix" appearing in the "Base Penalty or Matrix" column refers to the penalty calculation matrix in 7:26G-2.5, which shall be applied in lieu of a "base penalty." In the "Type of Violation" column, "M" identifies a violation as minor and "NM" identifies a violation as non-minor. The length of the applicable grace period for a minor violation is indicated in the "Grace Period" column.

1. The violations of N.J.A.C. 7:26G-4, Hazardous Waste Management System: General, and the civil administrative penalty amounts for each violation, are as set forth in the following table. (Reserved)

2. The violations of N.J.A.C. 7:26G-5, Identification and Listing of Hazardous Waste, whether the violation is minor or non-minor, the length of the grace period, and the civil administrative penalty amounts for each violation, are as set forth in the following table.

( 40 C.F.R. Part 261 Subpart A--General)

Rule	Rule Summary	Base Penalty or Matrix	Type of Violation	Grace Period
261.5(f)	Failure of generator of acute hazardous waste to comply with the requirements of 40 C.F.R. § 261.5(f).	Matrix	NM
§261.5(g)	Failure of conditionally exempt small quantity generator of hazardous waste to comply with the requirements of 40 C.F.R. § 261.5(g).	Matrix	NM

3. The violations of N.J.A.C. 7:26G-6, Standards Applicable to Generators of Hazardous Waste, whether the violation is minor or non-minor, the length of the grace period, and the civil administrative penalty amounts for each violation, are as set forth in the following table.

Rule	Rule Summary	Base Penalty or Matrix	Type of Violation	Grace Period
§262.11
Failure of generator of solid waste to determine if waste is hazardous.	$ 5,000	NM
§262.12(a)	Failure of generator to have EPA identification number before it treats, stores, transports, offers for transportation, or disposes of hazardous waste.	$ 5,000	NM
§262.12(c)	Failure of generator to offer hazardous waste to a hazardous waste transporter or TSD facility that has received an EPA ID number.	$ 5,000	NM

( 40 C.F.R. Part 262 Subpart B--The Manifest)

Rule	Rule Summary	Base Penalty or Matrix	Type of Violation	Grace Period
§262.20(a)(1)	Failure of generator to properly complete the manifest.	$ 3,000	M	30 days
§262.20(a)(1)	Failure of a generator who transports, or offers for transport, a hazardous waste for offsite treatment, storage,or disposal, or a treatment, storage, and disposal facility who offers for transport a rejected hazardous waste load, to prepare a manifest.	$ 5,000	NM
§262.20(b)	Failure of generator to designate an authorized facility on the manifest.	$ 5,000	NM
§262.20(d)	Failure of generator to designate alternate facility or instruct transporter to return waste when transporter is unable to deliver the waste.	$ 5,000	NM
§262.21(g)1	Failure of generator to use EPA approved manifest forms for intrastate shipments of hazardous waste.	$ 3,000	M	30 days
§262.21(g)(2)	Failure of generator to determine if generator or consignment state regulates additional wastes or requires generator to submit copies of the manifest.	$ 3,000	M	30 days
§262.23(a)(1)	Failure of generator to sign manifest.	$ 3,000	M	30 days
§262.23(a)(2)	Failure of generator to obtain signature of initial transporter and date of acceptance on the manifest.	$ 3,000	M	30 days
§262.23(a)(3)	Failure of generator to retain one copy of manifest.	$ 3,000	M	30 days
§262.23(b)	Failure of generator to supply transporter with remaining copies of manifest.	$ 3,000	M	30 days
§262.23(c)	Failure of generator shipping hazardous waste within the U.S. solely by water to send three copies of manifest form signed and dated to owner or operator of designated facility or last water transporter in the United States	$ 3,000	M	30 days
§262.23(d)	Failure of generator to send at least three copies of signed and dated manifest for rail shipments of hazardous waste within the United States to next non-rail transporter, designated facility, or last rail transporter in the United States.	$ 3,000	M	30 days

( 40 C.F.R. Part 262 Subpart C--Pre-Transport Requirements)

Rule	Rule Summary	BasePenalty	Type of	Grace
Violation	Period
or Matrix
§262.30	Failure of generator to package hazardous waste in accordance with 49 C.F.R. Parts 173, 178,and 179.	$ 4,500	NM
§262.31	Failure of generator to label each package of hazardous waste in accordance with 49 C.F.R. Part 172.	$ 4,500	NM
§262.32(a)	Failure of generator to mark packages of hazardous waste in accordance with 49 C.F.R.Part 172.	$ 4,500	NM
§262.32(b)	Failure of generator to mark each container of hazardous waste with the proper wording or to display the wording in accordance with 49 C.F.R.172.304.	$ 4,500	NM
§262.33	Failure of generator to placard or offer appropriate placard for a vehicle containing hazardous waste in accordance with 49 C.F.R. Part 172, Subpart F.	$ 4,500	NM
§262.34(a)	Failure of generator to ship waste off site within 90 days.	$ 3,000	M	30 days
§262.34(a)(1)	Failure of generator to place waste in containers, in tanks, on drip pads, or in containment buildings in accordance with 40 C.F.R. § 262.34(a)(1).	$ 4,500	NM
§262.34(a)(2)	Failure of generator to clearly mark container with date when accumulation period begins or to make mark visible for inspection.	$ 3,000	M	30 days
§262.34(a)(3)	Failure of generator to clearly mark each container or tank with the words "Hazardous Waste".	$ 4,500	NM
§262.34(c)(1)	Failure of generator to ensure that the quantity of waste in each area is no more than 55 gallons of hazardous waste or no more than one quart of acutely hazardous waste or to have area at or near any point of generation where wastes initially accumulate in a process.	$ 3,000	M	3 days
§262.34(c)(1)(ii)	Failure of generator to mark satellite containers with the words "Hazardous Waste" or other words which identify the contents of the container.	$ 4,500	NM
§262.34(c)(2)	Failure of generator accumulating waste in excess of the amounts listed in 40 C.F.R. § 262.34(c)(1) to mark container holding the excess accumulation of hazardous waste with the date the excess amount began accumulating.	$ 3,000	M	3 days
§262.34(d)	Failure of generator of greater than 100 kg but less than 1,000 kg of hazardous waste to ship waste off site within 180 days.	$ 3,000	M	30 days
§262.34(d)(5)	Failure of generator of greater than 100 kg but less than 1,000 kg of hazardous waste to comply with emergency response requirements.	$ 4,500	NM
§262.34(e)	Failure of generator of greater than 100 kg but less than 1,000 kg of hazardous waste, who transports his waste over 200 miles, to ship waste off site within 270 days.	$ 3,000	M	30 days
§262.34(g)	Failure of generator of 1,000 kg or greater of hazardous waste to ship F006 hazardous waste off site within 180 days.	$ 3,000	M	39 days
§262.34(h)	Failure of generator of 1,000 kg or greater of hazardous waste, who transports F006 hazardous waste over 200 miles, to ship the F006 hazardous waste off site within 270 days.	$ 3,000	M	30 days

( 40 C.F.R. Part 262 Subpart D--Recordkeeping and Reporting)

Rule	Rule Summary	Base Penalty or Matrix	Type of Violation	Grace Period
§262.40(a)	Failure of generator to keep copy of manifest for three years.	$ 3,000	M	30 days
§262.40(b)	Failure of generator to keep copy of hazardous waste report or exception report for three years.	$ 3,000	M	30 days
§262.40(c)	Failure of generator to keep records of any test results, waste analyses, or other determinations for three years.	$ 3,000	M	30 days
§262.40(d)	Failure of generator to keep copy of required records during the course of unresolved enforcement action or as requested by the Department.	$ 4,500	NM
§262.41(a)	Failure of generator to submit hazardous waste report of manifest activities by March 1.	$ 3,000	M	30 days
§262.41(b)	Failure of generator who treats,stores or disposes of hazardous waste on-site to submit hazardous waste report covering those wastes.	$ 3,000	M	30 days
§262.42(a)	Failure of generator of greater than 1,000 kg of hazardous waste to comply with exception reporting requirements.	$ 3,000	M	30 days
§262.42(b)	Failure of generator of greater than 100 kg but less than 1,000 kg of hazardous waste to comply with exception reporting requirements.	$ 3,000	M	30 days

( 40 C.F.R. Part 262 Subpart E--Exports of Hazardous Waste)

Rule	Rule Summary	Base Penalty or Matrix	Type of Violation	Grace Period
§262.52	Failure of generator to comply with the receiving country's consent requirements or to obtain the EPA Acknowledgment of Consent prior to exporting hazardous waste.	$ 5,000	NM
§262.53(a)	Failure of generator to comply with the EPA notification requirements prior to offering hazardous waste for export.	$ 3,000	M	30 days
§262.54	Failure of generator exporting hazardous waste to comply with the special manifest requirements.	$ 3,000	M	30 days
§262.55	Failure of generator exporting hazardous waste to file an exception report.	$ 3,000	M	30 days
§262.56	Failure of generator exporting hazardous waste to comply with the annual reporting requirements.	$ 3,000	M	30 days
§262.57	Failure of generator exporting hazardous waste to comply with the record keeping requirements.	$ 3,000	M	30 days

( 40 C.F.R. Part 262 Subpart F--Imports of Hazardous Waste)

Rule	Rule Summary	Base Penalty or Matrix	Type of Violation	Grace Period
§262.60	Failure of generator importing hazardous waste to comply with the special manifest requirements and 40 C.F.R. § 262.	$ 3,000	M	30 days

(N.J.A.C. 7:26G-6)

Rule	Rule Summary	Base Penalty or Matrix	Type of Violation	Grace Period
7:26G-6.1(b)5	Failure of generator to properly mark each container of hazardous waste prior to transportation.	$ 4,500	NM
§262.27	Failure of generator initiating a shipment of hazardous waste to certify to one of the statements in Item 15 of the manifest.	$ 3,000	M	30 days
§262.34(m)	Failure of generator to properly sign the manifest upon receipt of a returned shipment of hazardous waste.	$ 3,000	M	30 days
7.26G-6.1(c)4	Failure of generator to use a transporter who is properly registered.	Matrix	NM
7:26G-6.1(c)4	Failure of generator to use a transporter who is displaying a current registration number.	$ 3,000	M	30 days

4. The violations of N.J.A.C. 7:26G-7, Standards Applicable to Transporters of Hazardous Waste, whether the violation is minor or non-minor, the length of the grace period, and the civil administrative penalty amounts for each violation, are as set forth in the following table.

( 40 C.F.R. Part 263 Subpart A--General)

Rule	Rule Summary	Base Penalty or Matrix	Type of Violation	Grace Period
§263.11	Failure of transporter transporting hazardous wastes to have EPA dentification number.	$ 5,000	NM

( 40 C.F.R. Part 263 Subpart B--Compliance with the Manifest System and

Recordkeeping)

Rule	Rule Summary	Base Penalty or Matrix	Type of Violation	Grace Period
§263.20(a)1	Failure of transporter accepting hazardous waste from a generator to ensure it is accompanied by a manifest signed in accordance with the provisions of 40 C.F.R. 262.23.	$$ 3,000	M	30 days
§263.20(a)2	Failure of transporter accepting exported waste to ensure that the waste was accompanied by and conformed to the EPA Acknowledgement of Consent.	$ 3,000	M	30 days
§263.20(b)	Failure of transporter to sign or date manifest or return a signed copy of manifest to generator before leaving generator's property.	$ 3,000	M	30 days
§263.20(c)	Failure of transporter to ensure that manifest accompanies hazardous waste.	$ 5,000	NM
§263.20(d)(1)	Failure of transporter to obtain date of delivery and handwritten signature of other transporter or of owner or operator of designated facility.	$ 3,000	M	30 days
§263.20(d)(3)	Failure of transporter to give remaining copies of manifest to the accepting transporter or designated facility.	$ 3,000	M	30 days
§263.20(f)(1)(i)	Failure of rail transporter accepting hazardous waste from non-rail transporter to sign or date manifest.	$ 3,000	M	30 days
§263.20(f)(1)(ii)	Failure of rail transporter accepting hazardous waste from non-rail transporter to return a signed copy of manifest to non-rail transporter.	$ 3,000	M	30 days
§263.20(f)(1)(iii)	Failure of rail transporter accepting hazardous waste from non-rail transporter to forward at least 3 copiesof the manifest to next non-rail transporter, designated facility, or last rail transporter in United States.	$ 3,000	M	30 days
§263.20(f)(2)	Failure of rail transporter to ensure appropriate shipping paper accompanies hazardous waste at all times.	$ 5,000	NM
§263.20(f)(3)(i)	Failure of rail transporter delivering hazardous waste to designated facility to obtain date of delivery or handwritten signature of owner or operator of designated facility.	$ 3,000	M	30 days
§263.20(f)(4)(i)	Failure of rail transporter delivering hazardous waste to non-rail transporter to obtain date of delivery or handwritten signature of non-rail transporter.	$ 3,000	M	30 days
§263.20(f)(5)	Failure of non-rail transporter accepting hazardous waste from rail transporter to sign or date manifest or to provide signed copy of manifest to rail transporter.	$ 3,000	M	30 days
§263.20(g)	Failure of transporter transporting waste out of U.S. to comply with requirements at 40 C.F.R.263.20(g)(1)-(4).	$ 4,500	NM
§263.21(a)	Failure of transporter to deliver entire quantity to designated facility,alternate designated facility, next designated transporter, or place outside U.S.	$ 10,000	NM
§263.21(b)(1)	Failure of transporter to contact generator for instructions and to revise manifest in accordance with generator's instructions in case of undeliverable shipment.	$ 5,000	NM
§263.21(b)(2)	Failure of transporter to comply with the requirements of 40 C.F.R. 263.21(b)2 when hazardous waste is rejected by the designated facility while the transporter is on the facility's premises.	$ 5,000	NM
§263.22(a)	Failure of transporter to maintain signed copy of manifest for three years.	$ 3,000	M	30 days
§263.22(b)	Failure of water bulk shipment transporter to maintain copy of shipping paper for three years.	$ 3,000	M	30 days
§263.22(c)	Failure of rail transporter to maintain copy of manifest and shipping paper for three years.	$ 3,000	M	30 days
§263.22(d)	Failure of transporter to maintain copy of manifestindicating shipment left U.S. for three years.	$ 3,000	M	30 days
§263.22(e)	Failure of transporter to maintain copy of manifest during the course of unresolved enforcement action or as requested by the Department.	$ 4,500	NM

( 40 C.F.R. Part 263 Subpart C--Hazardous Waste Discharges)

Rule	Rule Summary	Base Penalty
or Matrix	Violation	Period
§263.30(a)	Failure of transporter to
take appropriate immediate
action to protect human
health and the environment
from a discharge of
hazardous waste during
transportation.	Matrix	NM
§263.30(c)	Failure of transporter who
has discharged hazardous
waste to comply with State
and Federal notice and
report requirements.	$ 5,000	NM
§263.31	Failure of transporter to
clean up the discharge and
take action as may be
required or approved.	Matrix	NM

(N.J.A.C. 7:26G-7)

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
7:26G-7.2(a)1	Failure of transporter to
obtain hazardous waste
transporter registration
prior to operation.	$ 10,000	NM
7:26G-7.2(a)5	Failure of transporter to
renew registration prior to
May 1 of each registration
period.	$ 4,500	NM
7:26G-7.2(a)7	Failure of transporter to
notify Department of change
of information on
registration.	$ 4,500	NM
7:26G-7.2(a)14	Failure of transporter,
acting as a prime contractor
or subcontractor, to obtain
a registration prior to
transporting hazardous waste.	$ 10,000	NM
7:26G-7.2(a)15	Failure of transporter to
obtain a registration prior
to transporting, storing,
collecting, processing,
transferring, treating or
disposing of hazardous waste
in a vehicle registered to
another person.	$ 10,000	NM
7:26G-7.2(b)1	Failure of transporter to
ensure each and every device
used for the transportation
of hazardous waste is
registered with the
Department.	$ 4,500	NM
7:26G-7.2(b)2	Failure of transporter to
prevent registered vehicle
from being used by another
transporter.	$ 5,000	NM
7:26G-7.2(b)4	Transporter engaged in
transportation of hazardous
waste during period when
decals and registration are
withheld pursuant to
7:26G-7.2(b).	$ 10,000	NM
7:26G-7.2(b)6	Failure of transporter to
properly display registration
decal or to have copy of
lease and lease certification
available for inspection.	$ 3,000	M	30 days
7:26G-7.3(a)1	Failure of transporter to
comply with the Hazardous
Materials Transportation
Regulations at 49 C.F.R.
Parts 171-180.	See N.J.A.C.
7:26G-2.4(g)10
7:26G-7.3(a)2	Failure of transporter to
comply with the Motor Carrier
Safety Regulations at
49 C.F.R. Parts 390 - 397.	See N.J.A.C.
7:26G-2.4(g)10
7:26G-7.3(b)	Failure to allow the
Department to enter and
inspect any vehicle
transporting hazardous waste.	$ 4,500	NM
7:26G-7.4(a)	Failure of hazardous waste
transfer facility to be
operated by a licensed
hazardous waste transporter
who owns or leases the
property.	$ 10,000	NM
7:26G-7.4(b)	Failure to conduct storage,
consolidation, or
commingling only at a
hazardous waste transfer
facility or authorized
hazardous waste facility.	$ 5,000	NM
7:26G-7.4(c)	Failure of owner or operator
of a hazardous waste transfer
facility to comply with
notification requirements
prior to operating.	$ 3,000	M	30 days
7:26G-7.4(d)	Failure of owner or operator
of a hazardous waste transfer
facility to maintain written
log(s).	$ 4,500	NM
7:26G-7.4(e)	Failure of transporter
utilizing a hazardous waste
transfer facility to enter
the necessary information on
the log(s).	$ 3,000	M	30 days
7:26G-7.4(f)2	Transporter stored or
consolidated closed
containers at a hazardous
waste transfer facility that
was located at the facility
indicated as the designated
facility on the manifest.	$ 4,500	NM
7:26G-7.4(f)3	Failure of transporter who
stores or consolidates closed
containers at a hazardous
waste transfer facility to
use containers meeting
applicable USDOT packaging
regulations in 49 C.F.R.
Parts 171-180.	$ 5,000	NM
7:26G-7.4(f)4	Failure of transporter who
stores or consolidates closed
containers at a hazardous
waste transfer facility to
maintain the containers in
good condition.	$ 4,500	NM
7:26G-7.4(f)5	Failure of transporter who
stores or consolidates closed
containers at a hazardous
waste transfer facility to
comply with the hazardous
materials segregation
criteria.	Matrix	NM
7:26G-7.4(f)6	Failure of transporter who
stores or consolidates
containers at a hazardous
waste transfer facility to
keep containers of hazardous
waste closed.	$ 3,000	M	1 hour
7:26G-7.4(f)7	Failure of transporter who
stores or consolidates closed
containers at a hazardous
waste transfer facility to
remove the newly consolidated
waste loads at or prior to
the 10-day limit.	$ 4,500	NM
7:26G-7.4(g)2	Transporter commingled
hazardous waste at a
hazardous waste transfer
facility that was located at
the facility indicated as the
designated facility on the
manifest.	$ 4,500	NM
7:26G-7.4(g)3	Failure of transporter to
commingle hazardous waste
between containers meeting
applicable USDOT packaging
regulations in 49 C.F.R.
Parts 107, 171-180.	$ 5,000	NM
7:26G-7.4(g)4	Failure of transporter to
only commingle hazardous
waste that is designated on
the generators' manifests for
receipt by the same
designated facility.	$ 5,000	NM
7:26G-7.4(g)5	Failure of transporter who
commingles hazardous waste at
a hazardous waste transfer
facility to amend the
generators' manifests to
reflect the commingling of
hazardous waste.	$ 5,000	NM
7:26G-7.4(g)6	Failure of transporter who
commingles hazardous waste at
a hazardous waste transfer
facility to remove the newly
commingled waste load at or
prior to the 10-day limit.	$ 4,500	NM
7:26G-7.4(h)2	Transporter consolidated
hazardous waste at a
hazardous waste transfer
facility that was located at
the facility indicated as the
designated facility on the
manifest.	$ 4,500	NM
7:26G-7.4(h)3	Failure of transporter who
consolidates hazardous waste
at a hazardous waste transfer
facility to only consolidate
liquids.	$ 4,500	NM
7:26G-7.4(h)4	Failure of transporter who
consolidates hazardous waste
at a hazardous waste transfer
facility to transfer only
one container at a time.	$ 4,500	NM
7:26G-7.4(h)5	Failure of transporter who
consolidates hazardous waste
at a hazardous waste transfer
facility to store the
hazardous waste in closed
containers that meet the
USDOT packaging regulations
in 49 C.F.R. Parts 171
through 180.	$ 5,000	NM
7:26G-7.4(h)6	Failure of transporter who
consolidates hazardous waste
at a hazardous waste transfer
facility to store the
hazardous waste in compliance
with the hazardous materials
segregation criteria at
49 C.F.R. Parts 177.848 or
174.81.	Matrix	NM
7:26G-7.4(h)7	Failure of transporter who
consolidates hazardous waste
at a hazardous waste transfer
facility to ensure that the
cumulative capacity of the
containers receiving the
waste are sufficient to
containerize all the waste
involved in the transfer.	Matrix	NM
7:26G-7.4(h)8	Failure of transporter who
consolidates hazardous waste
at a hazardous waste transfer
facility to remove the waste
prior to reaching the 10-day
limit.	$ 4,500	NM
7:26G-7.4(i)	Transporter commingled
hazardous wastes of different
USDOT shipping descriptions.	Matrix	NM
7:26G-7.4(j)	Failure of transporter to
accept a hazardous waste
shipment when it is rejected
by the designated facility
and the waste was commingled
by the transporter.	$ 5,000	NM
7:26G-7.4(j)
1 and 2	Failure of transporter who
accepts a return shipment of
rejected waste to secure
rejected waste in a hazardous
waste transfer facility and
make arrangements with an
authorized facility to
receive and manage the waste.	$ 5,000	NM

5. The violations of N.J.A.C. 7:26G-8, Standards Applicable to Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities, whether the violation is minor or non-minor, the length of the grace period, and the civil administrative penalty amounts for each violation, are as set forth in the following table.

( 40 C.F.R. Part 264 Subpart B--General Facility Standards)

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§264.11	Failure of facility owner or
operator to obtain EPA
identification number.	$ 5,000	NM
§264.12(a)	Failure of facility owner or
operator importing hazardous
waste from a foreign country
to notify EPA at least 4 weeks
in advance of expected
delivery.	$ 3,000	M	30 days
§264.12(b)	Failure of facility owner or
operator to inform generator
in writing that he has the
appropriate permit(s) for the
waste the generator is
shipping or to keep copy of
notice in operating record.	$ 3,000	M	30 days
§264.12(c)	Failure of facility owner or
operator when transferring
operation of the facility to
inform the new owner or
operator of the requirements
of §§ 40 C.F.R. 264 and 270.	$ 3,000	M	30 days
§264.13(a)(1)	Failure of facility owner or
operator to obtain detailed
chemical analysis of
representative sample before
treating, storing, or
disposing of any hazardous
waste.	$ 5,000	NM
§264.13(a)(3)	Failure of facility owner or
operator to repeat analysis as
necessary to ensure that it
is accurate and up to date.	Matrix	NM
§264.13(a)(4)	Failure of owner or operator
of an off-site facility to
inspect or analyze each
hazardous waste shipment
received to determine if it
matches the identity specified
on the manifest or shipping
paper.	$ 4,500	NM
§264.13(b)	Failure of facility owner or
operator to develop or follow
a written waste analysis plan.	$ 5,000	NM
§264.14(a)	Failure of facility owner or
operator to prevent the
unknowing entry and minimize
the possibility for the
unauthorized entry onto the
facility.	$ 4,500	NM
§264.14(b)	Failure of facility owner or
operator to have adequate
surveillance system or
adequate artificial or natural
barrier and a means to
control entry at all times.	$ 4,500	NM
§264.14(c)	Failure of facility owner or
operator to post signs meeting
each requirement of 40 C.F.R.
§264.14(c).	$ 3,000	M	30 days
§264.15(a)	Failure of facility owner or
operator to inspect for
malfunctions and
deterioration, operator
errors, or discharges.	$ 3,000	M	30 days
§264.15(b)	Failure of facility owner or
operator to develop or follow
written schedule for
inspecting monitoring,
safety, emergency, security
equipment, etc., to keep
schedule on site, or to
identify problems.	$ 3,000	M	30 days
§264.15(c)	Failure of facility owner or
operator to remedy any
deterioration or malfunction
immediately or on an
appropriate schedule.	$ 5,000	NM
§264.15(d)	Failure of facility owner or
operator to record inspections
in log or to retain required
information for three years.	$ 3,000	M	30 days
§264.16(a)(1)	Failure of facility owner or
operator to provide required
classroom or on-the-job
training for facility
personnel.	$ 4,500	NM
§264.16(a)(2)	Failure of facility owner or
operator to provide a training
program that is directed by
a person trained in hazardous
waste management procedures.	$ 3,000	M	30 days
§264.16(a)(3)	Failure of facility owner or
operator to provide, at a
minimum, a training program
which is designed to ensure
that facility personnel are
able to respond effectively to
emergencies.	$ 3,000	M	30 days
§264.16(b)	Failure of facility personnel
to successfully complete the
training program required in
40 C.F.R. 264.16(a) within 6
months.	$ 3,000	M	30 days
§264.16(c)	Failure of facility personnel
to take part in an annual
review of the initial training
required in 40 C.F.R.
264.16(a).	$ 3,000	M	30 days
§264.16(d)	Failure of facility owner or
operator to maintain training
records at the facility.	$ 3,000	M	30 days
§264.16(e)	Failure of facility owner or
operator to keep training
records until closure.	$ 3,000	M	30 days
§264.17(a)	Failure of facility owner or
operator to keep ignitable or
reactive waste separated and
protected from sources of
ignition or reaction, to
confine smoking or open flame
to specially designated
locations while handling
ignitable or reactive waste,
or to conspicuously place
"No Smoking" signs wherever
there is a hazard from
ignitable or reactive waste.	$ 4,500	NM
§264.17(b)	Failure of facility owner or
operator that treats, stores,
or disposes of ignitable,
reactive, or mixtures of
incompatible wastes to take
precautions to prevent
reactions.	$ 4,500	NM

( 40 C.F.R. Part 264 Subpart C--Preparedness and Prevention)

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§264.31	Failure of facility owner or
operator to maintain or
operate facility to minimize
possibilities of fire,
explosion or releases of
hazardous waste or hazardous
waste constituents.	$ 5,000	NM
§264.32	Failure of facility owner or
operator to equip facility
with emergency equipment.	$ 4,500	NM
§264.33	Failure of facility owner or
operator to test and
maintain emergency equipment.	$ 3,000	M	30 days
§264.34	Failure of facility owner or
operator to maintain access
to communications or alarm
system.	$ 3,000	M	30 days
§264.35	Failure of facility owner or
operator to maintain
sufficient aisle space for
the unobstructed movement of
personnel or equipment in
an emergency.	$ 3,000	M	30 days
§264.37	Failure of facility owner or
operator 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.	$ 4,500	NM

( 40 C.F.R. Part 264 Subpart D--Contingency Plan and Emergency Procedures)

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§264.51(a)	Failure of facility owner or
operator to have
contingency plan designed to
minimize hazards to human
health and the environment.	$ 5,000	NM
§264.51(b)	Failure of facility owner or
operator to carry out
provisions of the plan
immediately if there is a fire,
explosion, or release.	Matrix	NM
§264.52(a)	Failure of contingency plan to
describe actions to be taken
in response to fires,
explosions, or releases.	$ 3,000	M	30 days
§264.52(b)	Failure of facility owner or
operator to amend its SPCC
( 40 C.F.R. Part 112 or Part
1510 of chapter V) or DPCC
(N.J.A.C. 7:1E) plan to
incorporate hazardous waste
management provisions.	$ 3,000	M	30 days
§264.52(c)	Failure of contingency plan to
describe arrangements agreed
to by local police or fire
departments, hospitals,
contractors, or State or local
emergency response teams.	$ 3,000	M	30 days
§264.52(d)	Failure of contingency plan to
list name, addresses, or
phone numbers of persons
qualified to act as emergency
coordinator.	$ 3,000	M	30 days
§264.52(e)	Failure of contingency plan to
list emergency equipment,
updated as required, with its
location, description, or
capabilities specified.	$ 3,000	M	30 days
§264.52(f)	Failure of contingency plan to
include evacuation procedure
for personnel including
signals, evacuation routes or
alternate evacuation routes.	$ 3,000	M	30 days
§264.53	Failure of 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.	$ 3,000	M	30 days
§264.54	Failure of facility owner or
operator to review or amend
contingency plan as necessary.	$ 3,000	M	30 days
§264.55	Failure of emergency
coordinator to be thoroughly
familiar with plan or
available at all times.	$ 4,500	NM
§264.56(a)-(b)	Failure of emergency
coordinator to identify
character, source, amount or
areal extent of discharged
materials, or to activate
alarms or communications
systems, or to notify
appropriate State or local
agencies if necessary.	Matrix	NM
§264.56(c)	Failure of emergency
coordinator to assess possible
hazards to human health and
the environment.	Matrix	NM
§264.56(d)	Failure of emergency
coordinator to immediately
notify appropriate emergency
response agency of situation
threatening health and the
environment.	Matrix	NM
§264.56(e)	Failure of emergency
coordinator to take reasonable
measures to ensure hazards
are minimized.	Matrix	NM
§264.56(f)	Failure of emergency
coordinator to monitor leaks,
pressure buildup, gas
generation, or ruptures, if
the facility stopped operating
due to fire, explosion, or
discharge.	Matrix	NM
§264.56(g)	Failure of emergency
coordinator to provide for
treating, storing, or
disposing of recovered waste,
contaminated soil or surface
water, or other material.	Matrix	NM
§264.56(h)	Failure of emergency
coordinator to ensure that in
affected area of facility no
incompatible waste is treated,
stored, or disposed of until
cleanup procedures are
complete or to ensure that
emergency equipment is cleaned
and fit for intended use
before operations are resumed.	Matrix	NM
§264.56(i)	Failure of facility owner or
operator to notify Department
and local authorities that
facility is in compliance
before operations are resumed.	$ 3,000	M	30 days
§264.56(j)	Failure of facility owner or
operator to submit written
report to Department within 15
days after an incident.	$ 3,000	M	30 days

( 40 C.F.R. Part 264 Subpart E--Manifest System, Recordkeeping, and Reporting)

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§264.71(a)(2)(i)	Failure of facility owner,
operator, or agent to
sign or date manifest.	$ 3,000	M	30 days
§264.71(a)(2)(ii)	Failure of facility owner,
operator, or agent to
note any significant
discrepancies in the
manifest on each copy of
the manifest.	$ 3,000	M	30 days
§264.71(a)(2)(iii)	Failure of facility owner,
operator, or agent to
give transporter a copy of
manifest or forward one
copy to the Department.	$ 3,000	M	30 days
§264.71(a)(2)(iv)	Failure of facility owner,
operator, or agent to
send a copy of manifest to
generator within 30 days
after delivery of
hazardous waste.	$ 3,000	M	30 days
§264.71(a)(2)(v)	Failure of facility owner,
operator, or agent to
retain copy of manifest
for three years.	$ 3,000	M	30 days
§264.71(a)(3)	Failure of facility owner
or operator receiving
hazardous waste imported
from a foreign source to
mail a copy of the
manifest to EPA within 30
days of delivery.	$ 3,000	M	30 days
§264.71(b)(1)	Failure of facility owner
or operator receiving
hazardous waste from rail
or water (bulk shipment)
transporter to sign or
date manifest or shipping
paper.	$ 3,000	M	30 days
§264.71(b)(2)	Failure of facility owner
or operator receiving
hazardous waste from rail
or water (bulk shipment)
transporter to note any
significant discrepancies
in manifest or shipping
paper on each copy of
manifest or shipping paper.	$ 3,000	M	30 days
§264.71(b)(3)	Failure of facility owner
or operator receiving
hazardous waste from rail
or water (bulk shipment)
transporter to give
transporter a copy of
manifest or shipping paper
or to forward one copy to
the Department.	$ 3,000	M	30 days
§264.71(b)(4)	Failure of facility owner
or operator receiving
hazardous waste from rail
or water (bulk shipment)
transporter to send copy
of manifest or shipping
paper to generator within
30 days after delivery.	$ 3,000	M	30 days
§264.71(b)(5)	Failure of facility owner
or operator receiving
hazardous waste from rail
or water (bulk shipment)
transporter to retain copy
of manifest for 3 years.	$ 3,000	M	30 days
§264.71(e)	Failure of facility owner
or operator to determine
if consignment state
regulates any additional
wastes or if consignment
state or generator state
requires the facility to
submit copies of the
manifest.	$ 3,000	M	30 days
§264.72(c)	Failure of facility
operator to reconcile a
significant manifest
discrepancy with the
generator or transporter
within 15 days of receipt
or to report the
unresolved discrepancy to
the Department immediately
thereafter.	$ 3,000	M	30 days
§264.72(d)	Failure of facility owner
or operator to comply with
the requirements of 40
C.F.R. 264.72(d) when
rejecting waste or
identifying a container
residue that exceeds the
quantity limits for
"empty."	$ 3,000	M	30 days
§264.72(e)	Failure of facility owner
or operator to comply with
the requirements of 40
C.F.R. 264.72(e) when
sending full or partially
rejected loads to an
alternate facility.	$ 3,000	M	30 days
§264.72(f)	Failure of facility owner
or operator to comply with
the requirements of 40
C.F.R. 264.72(f) when
sending rejected wastes
and residues back to the
generator.	$ 3,000	M	30 days
§264.72(g)	Failure of facility owner
or operator to comply with
the requirements of 40
C.F.R. 264.72(g) when
rejecting a waste or
identifying a container
residue that exceeds the
quantity limits for
"empty" after it has
signed, dated, and
returned a copy of the
manifest to the
delivering transporter or
to the generator.	$ 3,000	M	30 days
§264.73	Failure of facility owner
or operator to keep
written operating records
meeting each requirement
of 40 C.F.R. § 264.73.	$ 4,500	NM
§264.74(a)	Failure of facility owner
or operator to furnish
upon request, or make
available for inspection,
any record.	$ 4,500	NM
§264.74(b)	Failure of facility owner
or operator to keep any
record during course of
any unresolved enforcement
action or as requested by
the Department.	$ 4,500	NM
§264.74(c)	Failure of facility owner
or operator to submit copy
of waste disposal
locations or quantities to
Department or local land
authority upon closure of
facility.	$ 3,000	M	30 days
§264.75	Failure of facility owner
or operator to prepare or
submit a copy of the
hazardous waste report to
Department by March 1 of
each even numbered year.	$ 3,000	M	30 days
§264.76	Failure of a facility
owner or operator
receiving unmanifested
waste to submit an
'Unmanifested Waste
Report'.	$ 4,500	NM
§264.76	Failure of a facility
owner or operator
receiving unmanifested
waste to submit an
'Unmanifested Waste
Report' within 15 days.	$ 3,000	M	30 days

( 40 C.F.R. Part 264 Subpart F--Releases From Solid Waste Management Units)

Rule	Rule Summary	Base Penalty
or Matrix	Violation	Period
§264.92	Failure of facility owner or
operator to comply with permit
conditions designed to protect
ground water.	Matrix	NM
§264.95	Failure of facility owner or
operator to conduct monitoring at
the point of compliance as
specified in the facility permit.	Matrix	NM
§264.96	Failure of facility owner or
operator to maintain a
compliance- monitoring program
for the life of the compliance
period as specified in the
facility permit.	Matrix	NM
§264.97	Failure of facility owner or
operator to provide facility with
ground water monitoring system
in accordance with 40 C.F.R.
§264.97.	$ 10,000	NM
§264.98	Failure of facility owner or
operator to establish a detection
monitoring program in
conformance with 40 C.F.R.
§264.98.	Matrix	NM
§264.99	Failure of facility owner or
operator to maintain a compliance
monitoring program in
conformance with 40 C.F.R.
§264.99.	Matrix	NM
§264.100	Failure of facility owner or
operator to establish a
corrective action program in
conformance with 40 C.F.R.
§264.100.	Matrix	NM

( 40 C.F.R. Part 264 Subpart G--Closure and Post-Closure)

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§264.111	Failure of facility owner or
operator to close in a manner
that minimizes further
maintenance and controls,
minimizes, or eliminates
post-closure escape of hazardous
waste.	Matrix	NM
§264.112(a)	Failure of facility owner or
operator to have written closure
plan.	$ 5,000	NM
§264.112(b)	Failure of facility owner or
operator to include in the
closure plan all steps necessary
to perform a partial and/or
final closure of the facility.	$ 3,000	M	30 days
§264.112(c)	Failure of facility owner or
operator to amend or request
modification of closure plan
before change.	$ 3,000	M	30 days
§264.112(d)	Failure of facility owner or
operator to notify Department
prior to commencement of closure.	$ 4,500	NM
§264.113(a)	Failure of facility owner or
operator to treat, remove, or
dispose of waste within 90 days
after final volume of wastes
received in accordance with
approved closure plan.	$ 4,500	NM
§264.113(b)	Failure of facility owner or
operator to complete closure
within 180 days after final
volume of wastes received in
accordance with approved closure
plan.	$ 4,500	NM
§264.114	Failure of facility owner or
operator to properly dispose of
or decontaminate all
contaminated equipment,
structures, or soils.	$ 5,000	NM
§264.115	Failure of facility owner or
operator, when closure
completed, to submit its own
certification and that of an
independent registered
professional engineer to the
Department.	$ 4,500	NM
§264.116	Failure of facility owner or
operator, within 60 days after
closure, to submit to local
authorities and Department
detailed information on site.	$ 3,000	M	30 days
§264.117(a)	Failure of facility owner or
operator to continue proper
post-closure care for 30 years
and to comply with 40 C.F.R.
§264.117(a)(1)-(2).	Matrix	NM
§264.117(c)	Failure of facility owner or
operator to ensure that
post-closure activity does not
disturb final cover, liner(s),
or containment or monitoring
system.	$ 4,500	NM
§264.117(d)	Failure of facility owner or
operator to perform post-closure
care activities in accordance
with post-closure plan.	$ 5,000	NM
§264.118(a)	Failure of facility owner or
operator to have written
post-closure plan.	$ 5,000	NM
§264.118(b)	Failure of facility owner or
operator to include in
post-closure plan all activities
that will be carried on after
closure of each disposal unit
and the frequency of these
activities.	$ 3,000	M	30 days
§264.118(c)	Failure of facility owner or
operator to furnish the most
current copy of post-closure
plan to the Department upon
request or to keep a copy of
the post-closure plan with the
person or office specified in
40 C.F.R. § 264.118(b)(3) during
the post-closure period.	$ 3,000	M	30 days
§264.118(d)	Failure of facility owner or
operator to amend or request
modification of post-closure
plan when necessary.	$ 3,000	M	30 days
§264.119(a)	Failure of facility owner or
operator to inform the local
zoning officer and the
Department of the type, location
and amount of waste in each
disposal unit within 60 days of
receiving a certification of
closure for that unit.	$ 3,000	M	30 days
§264.119(b)	Failure of facility owner or
operator to comply with
requirements for notice in deed
to property.	$ 3,000	M	30 days
§264.120	Failure of facility owner or
operator to certify that
post-closure activities have
been conducted according to the
post-closure plan within 60 days
of completion of the
established post-closure care
period.	$ 3,000	M	30 days

( 40 C.F.R. Part 264 Subpart H--Financial Requirements)

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§264.142(a)	Failure of facility owner or
operator to have a written
estimate of the cost of closing
facility.	$ 4,500	NM
§264.142(b)	Failure of facility owner or
operator to adjust closure cost
estimate for inflation according
to regulatory time frames.	$ 3,000	M	30 days
§264.142(c)	Failure of facility owner or
operator to revise the closure
cost estimate whenever a change
in the closure plan increases
the cost of closure.	$ 3,000	M	30 days
§264.142(d)	Failure of facility owner or
operator to keep the latest
closure cost estimate and
adjusted closure cost estimate
at the facility.	$ 3,000	M	30 days
§264.143	Failure of facility owner or
operator to establish financial
assurance for closure of
facility.	Matrix	NM
§264.144(a)	Failure of facility owner or
operator to have a written
estimate of the cost of post-
closure care.	$ 4,500	NM
§264.144(b)	Failure of facility owner or
operator to adjust cost estimate
of post-closure care for
inflation according to regulatory
time frames.	$ 3,000	M	30 days
§264.144(c)	Failure of facility owner or
operator to revise the post-
closure care cost estimate
whenever a change in the post-
closure plan increases the cost
of post-closure care.	$ 3,000	M	30 days
§264.144(d)	Failure of facility owner or
operator to keep the latest
post-closure care cost estimate
at the facility.	$ 3,000	M	30 days
§264.145	Failure of facility owner or
operator to establish financial
assurance for post-closure care
of facility.	Matrix	NM
§264.147(a)	Failure of facility owner or
operator to meet liability
requirements for sudden
accidental occurrences.	Matrix	NM
§264.147(b)	Failure of facility owner or
operator to meet the liability
requirements for nonsudden
occurrences.	Matrix	NM
§264.148(a)	Failure of facility owner or
operator or guarantor to notify
Department of commencement of
proceeding under Title 11 of the
Bankruptcy Code.	Matrix	NM
§264.148(b)	Failure of facility owner or
operator to establish other
financial assurance or liability
coverage within 60 days after
bankruptcy, suspension, or
revocation.	Matrix	NM

( 40 C.F.R. Part 264 Subpart I--Use and Management of Containers)

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§264.171	Failure of facility owner of
operator to handle hazardous
waste in containers of good
condition.	$ 4,500	NM
§264.172	Failure of facility owner or
operator to use container
compatible with hazardous
waste stored.	$ 4,500	NM
§264.173	Failure of facility owner or
operator to comply with the
requirements for the
management of containers.	$ 3,000	M	30 days
§264.174	Failure of facility owner of
operator to perform
inspection of each area where
containers are stored.	$ 3,000	M	30 days
§264.175(b)(1)	Failure of container storage
area to have an underlying
base free of cracks or gaps
and sufficiently impervious
to contain leak, spills and
accumulated precipitation
until collected material is
detected and removed.	$ 4,500	NM
§264.175(b)(2)	Failure of container storage
area to be sloped or designed
and operated to drain and
remove liquids, unless
containers are protected from
contact with accumulated
liquids.	$ 4,500	NM
§264.175(b)(3)	Failure of container storage
area to have capacity to
contain 10 percent of volume
of all containers or volume
of largest container,
whichever is greater.	$ 3,000	M	30 days
§264.175(b)(4)	Failure of container storage
area to be protected from
run-on, unless in compliance
with exceptions at 40 C.F.R.
§264.175(b)(4).	$ 3,000	M	30 days
§264.175(b)(5)	Failure of facility owner or
operator to remove spilled or
leaked waste or accumulated
precipitation from sump or
collection area in a timely
manner to prevent overflow.	$ 4,500	NM
§264.176	Failure of facility owner or
operator to store containers
holding ignitable or reactive
wastes at least 50 feet from
property line.	$ 4,500	NM
§264.177	Failure of facility owner or
operator to comply with each
of the special requirements
for incompatible wastes.	$ 4,500	NM
§264.178	Failure of facility owner or
operator to remove all
hazardous wastes and residues
from containment system at
closure or to remove or
decontaminate remaining
containers, liners, bases,
and soil containing or
contaminated with hazardous
waste.	Matrix	NM
§264.179	Failure of facility owner or
operator to comply with 40
C.F.R. §264, Subparts AA, BB,
and CC.	Matrix	NM

( 40 C.F.R. Part 264 Subpart J--Tank Systems)

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§264.191(a)	Failure of facility owner or
operator to obtain and keep a
written assessment by a
professional engineer
attesting to existing tank
system's integrity.	$ 5,000	NM
§264.191(b)	Failure of written assessment
to comply with the
requirements at 40 C.F.R.
§264.191(b).	$ 5,000	NM
§264.191(c)	Failure of facility owner or
operator to assess the
integrity of a tank within 12
months of a material
becoming a hazardous waste.	$ 5,000	NM
§264.192(b)	Failure of facility owner or
operator to have a new tank
inspected by a qualified
installation inspector or
engineer prior to covering,
enclosing, or placing in use.	$ 5,000	NM
§264.192(c)	Failure of facility owner or
operator of a new tank system
or components to use
appropriate backfill material.	$ 5,000	NM
§264.192(d)	Failure of facility owner or
operator to have a new tank
and ancillary equipment
tested for tightness prior to
covering, enclosing, or
placing in use.	$ 5,000	NM
§264.192(e)	Failure of facility owner or
operator to have ancillary
equipment supported and
protected from settlement,
vibration, expansion, or
contraction.	$ 4,500	NM
§264.192(f)	Failure of facility owner or
operator to provide proper
corrosion protection for new
tank systems.	$ 5,000	NM
§264.192(g)	Failure of facility owner or
operator to obtain and keep
on record certifications from
those professionals
responsible for tank system
design and installation.	$ 3,000	M	30 days
§264.193(a)	Failure of facility owner or
operator to install secondary
containment for hazardous
waste tanks within the time
frames outlined in 40 C.F.R.
§264.193(a).	$ 4,500	NM
§264.193(b)(1)	Failure of secondary
containment system to be
designed, installed, and
operated to prevent migration
of wastes or accumulated
liquid out of the system.	$ 4,500	NM
§264.193(b)(2)	Failure of secondary
containment system to detect
and collect releases and
accumulated liquids.	$ 4,500	NM
§264.193(c)(1)	Failure of containment system
to consist of material
compatible with wastes stored
or to have sufficient
strength and thickness.	$ 4,500	NM
§264.193(c)(2)	Failure of facility owner or
operator to construct
secondary containment unit on
a base or foundation capable
of providing support and
resistance to pressure
gradients.	$ 4,500	NM
§264.193(c)(3)	Failure of facility owner or
operator to construct
secondary containment with a
leak detection system that is
designed and operated to
detect the failure of
containment structure(s) or
the presence of a release.	$ 4,500	NM
§264.193(c)(4)	Failure of facility owner or
operator to remove
accumulated precipitation or
spilled or leaked waste from
secondary containment within
24 hours.	Matrix	NM
§264.193(d)	Failure of facility owner or
operator to provide secondary
containment featuring an
approved device.	$ 4,500	NM
§264.193(e)(1)	Failure of external liner
system to meet requirements
at 40 C.F.R. § 264.193(e)(1).	$ 4,500	NM
§264.193(e)(2)	Failure of vault system to
meet requirements at 40
C.F.R. §264.193(e)(2).	$ 4,500	NM
§264.193(e)(3)	Failure of double-walled tank
to meet requirements at 40
C.F.R. §264.193(e)(3).	$ 4,500	NM
§264.193(f)	Failure of facility owner or
operator to provide secondary
containment for ancillary
equipment.	$ 4,500	NM
§264.194(a)	Failure of facility owner or
operator to prevent hazardous
wastes or treatment reagents
from being placed in tank if
they can cause the tank, its
ancillary equipment, or
containment system to
rupture, leak, corrode, or
otherwise fail.	$ 5,000	NM
§264.194(b)	Failure of facility owner or
operator to use appropriate
controls and practices to
prevent spills and overflows
from tanks or containment
systems.	$ 5,000	NM
§264.195(a)	Failure of facility owner or
operator to develop and
follow a schedule and
procedure for inspecting
overfill controls.	$ 3,000	M	30 days
§264.195(b)(1)	Failure of facility owner or
operator to inspect
aboveground portions of a
tank system for corrosion or
releases of waste each
operating day.	$ 3,000	M	30 days
§264.195(b)(2)	Failure of facility owner or
operator to inspect data
gathered from monitoring and
leak detection equipment each
operating day.	$ 3,000	M	30 days
§264.195(b)(3)	Failure of facility owner or
operator to inspect
construction materials and
area immediately surrounding
tank system or secondary
system for erosion or signs
of releases.	$ 3,000	M	30 days
§264.195(c)	Failure of facility owner or
operator to inspect cathodic
protection systems.	$ 3,000	M	30 days

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§264.195(d)	Failure of facility owner or
operator to document inspections
in facility operating record.	$ 3,000	M	30 days
§264.196(a)	Failure of facility owner or
operator to cease using a tank
from which a release occurred or
which is unfit for use.	Matrix	NM
§264.196(b)	Failure of facility owner or
operator to remove waste from a
tank in which a release occurred
within 24 hours in order to
affect repairs on the unit.	Matrix	NM
§264.196(c)	Failure of facility owner or
operator to prevent further
migration of a release to soils
or water or to remove and
dispose of any visible
contamination of soil or water.	Matrix	NM
§264.196(d)	Failure of facility owner or
operator to report a release
within 24 hours or to submit a
spill report within 30 days.	$ 3,000	M	30 days
§264.196(e)	Failure of facility owner or
operator to comply with 40
C.F.R. §264.196(e)(2)-(4) prior
to placing a tank back in
service following a release.	$ 4,500	NM
§264.196(f)	Failure of facility owner or
operator to obtain a professional
engineer's certification prior
to placing a tank back in
service following a major repair.	$ 4,500	NM
§264.197(a)	Failure of facility owner or
operator at closure to remove or
decontaminate all waste
residues, contaminated
containment system components,
contaminated soils, structures,
etc.	$ 5,000	NM
§264.197(c)	Failure of facility owner or
operator that has a tank system
without secondary containment to
comply with requirements at 40
C.F.R. §264.197(c).	$ 4,500	NM
§264.198(a)	Failure of facility owner or
operator to meet specific
requirements before placing
ignitable or reactive waste in a
tank.	$ 5,000	NM
§264.198(b)	Failure of facility owner or
operator storing or treating
ignitable or reactive wastes in
tanks to comply with NFPA's
buffer zone requirements for
tanks.	$ 4,500	NM
§264.199(a)	Failure of facility owner or
operator to prevent the placing
of incompatible wastes, or
wastes and materials, in the
same tank, except in compliance
with 40 C.F.R. § 264.17(b).	$ 5,000	NM
§264.199(b)	Failure of facility owner or
operator to prevent the placing
of hazardous waste in a tank
which was not decontaminated and
previously held incompatible
waste, except in compliance with
40 C.F.R. § 264.17(b).	$ 5,000	NM
§264.200	Failure of facility owner or
operator to comply with 40
C.F.R. §264, Subparts AA, BB,
and CC.	Matrix	NM

( 40 C.F.R. Part 264 Subpart K--Surface Impoundments)

Rule	Rule Summary	Base
Penalty	Type of	Grace
or Matrix	Violation	Period
§264.221(a)	Failure of surface
impoundment to have liner
designed, constructed, and
installed to prevent
migration of waste during
active life of impoundment.	Matrix	NM
§264.221(a)(1)	Failure of liner to have
properties that prevent
failure due to pressure
gradients, contact with
waste, climatic
conditions, and stress of
installation and operation.	Matrix	NM
§264.221(a)(2)	Failure of facility owner
or operator to place lower
liner on foundation
capable of providing
support.	Matrix	NM
§264.221(a)(3)	Failure of surface
impoundment to have the
liner installed to cover
all surrounding earth
likely to be in contact
with the waste or leachate.	Matrix	NM
§264.221(c)(1)(i)(A)	Failure of top liner to be
designed and constructed
to prevent migration of
hazardous constituents
into liner during active
life and post closure care
period.	Matrix	NM
§264.221(c)(1)(i)(B)	Failure of bottom liner to
consist of at least three
feet of soil of specified
hydraulic conductivity.	$ 5,000	NM
§264.221(c)(2)	Failure of surface
impoundment to have
leachate collection system
between liners.	$ 10,000	NM
§264.221(c)(4)	Failure of facility owner
or operator to demonstrate
that the seasonal high
water table will not
adversely affect the leak
detection system.	$ 10,000	NM
§264.223	Failure of facility owner
or operator that stores
hazardous waste in a
surface impoundment to
have an approved response
action plan.	$ 5,000	NM
§264.226(a)	Failure to comply with
inspection requirements
for surface impoundment
during and immediately
after construction.	$ 5,000	NM
§264.226(b)	Failure to comply with
inspection requirements
during operation of
surface impoundment.	$ 3,000	M	30 days
§264.226(c)	Failure of facility owner
or operator who stores
hazardous waste in a
surface impoundment to
obtain a professional
engineer's certification
that the dike has
structural integrity.	$ 5,000	NM
§264.226(d)	Failure of facility owner
or operator who stores
hazardous waste in a
surface impoundment to
record the amount of
liquids removed from each
leak detection sump.	Matrix	NM
§264.227(a)	Failure of facility owner
or operator to remove
surface impoundment from
service if liquid level
suddenly drops or if dike
leaks.	Matrix	NM
§264.227(b)	Failure of facility owner
or operator to comply with
requirements necessary
when surface impoundment
is removed from service.	Matrix	NM
§264.227(c)	Failure of facility owner
or operator to have
requirements for surface
impoundment in contingency
plan.	$ 3,000	M	30 days
§264.227(d)	Failure of facility owner
or operator to comply with
requirements for placing
surface impoundment back
into service.	$ 5,000	NM
§264.227(e)	Failure of facility owner
or operator to close
surface impoundment that
has been removed from
service and is not being
repaired.	$ 5,000	NM
§264.228(a)	Failure of facility owner
or operator who stores
hazardous waste in a
surface impoundment to
properly close and provide
post-closure care
following closure.	Matrix	NM
§264.228(b)	Failure of facility owner
or operator to comply with
maintenance and monitoring
requirements during post-
closure of surface
impoundment.	Matrix	NM
§264.229	Failure of facility owner
or operator to meet
requirements for placing
ignitable or reactive
waste in surface
impoundment.	$ 5,000	NM
§264.230	Failure of facility owner
or operator to prevent
incompatible wastes and/or
materials from being
placed in same surface
impoundment.	$ 5,000	NM
§264.231(a)	Failure of facility owner
or operator that stores
hazardous waste in a
surface impoundment to
obtain an approved
management plan prior to
placing F020, F021, F023,
F026 or F027 wastes in the
surface impoundment.	$ 5,000	NM
§264.232	Failure of facility owner
or operator to comply with
40 C.F.R. § 264, Subparts
BB and CC.	Matrix	NM

( 40 C.F.R. Part 264 Subpart L--Waste Piles)

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§264.251(a)	Failure of facility owner or
operator to ensure waste piles
have a proper liner and
leachate collection system.	Matrix	NM
§264.251(c)	Failure of facility owner or
operator to ensure waste piles
have double liners and a
leachate collection system both
above and between the liners.	Matrix	NM
§264.251(g)	Failure of facility owner or
operator to have a run-on
control system to prevent flow
onto a waste pile from at least
a 25-year storm.	Matrix	NM
§264.251(h)	Failure of facility owner or
operator to have a run-off
management system to collect
run-off from a waste pile from
a 25-year storm.	Matrix	NM
§264.251(i)	Failure of facility owner or
operator to empty run-on and
run-off holding facilities
expeditiously following a storm.	Matrix	NM
§264.251(j)	Failure of facility owner or
operator to manage a waste pile
in order to prevent wind
dispersal.	Matrix	NM
§264.253	Failure of facility owner or
operator to have an approved
response action plan prior to
utilizing a waste pile for
hazardous waste storage.	$ 5,000	NM
§264.254(a)	Failure of facility owner or
operator to inspect liners to
be used with waste piles during
construction or installation.	$ 5,000	NM
§264.254(b)	Failure of facility owner or
operator to inspect waste piles
on a weekly basis and after
storms.	$ 3,000	M	30 days
§264.254(c)	Failure of facility owner or
operator to record the amount
of liquids removed from each
leak detection system sump at
least once a week through the
active life and closure period
of a waste pile.	Matrix	NM
§264.256	Failure of facility owner or
operator to ensure that
ignitable or reactive wastes
are not placed in waste piles.	$ 5,000	NM
§264.257	Failure of facility owner or
operator to comply with special
handling instructions for the
placement of incompatible
wastes in waste piles.	$ 4,500	NM
§264.258	Failure of facility owner or
operator to ensure that all
waste and contaminated
containment system components
have been removed and managed
as hazardous waste when closing
a waste pile.	$ 5,000	NM
§264.259(a)	Failure of facility owner or
operator to have an approved
management plan prior to
placing F020, F021, F022, F023,
F026, or F027 waste in a waste
pile.	$ 5,000	NM

( 40 C.F.R. Part 264 Subpart M--Land Treatment)

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§264.271(a)	Failure of facility owner or
operator conducting land
treatment to have an established
land treatment program meeting
the requirements of
40 C.F.R. § 264.271.	Matrix	NM
§264.272(a)	Failure of facility owner or
operator conducting land
treatment to have demonstrated
prior to application of the
waste that hazardous
constituents in the waste will
be completely degraded in the
treatment zone.	$ 5,000	NM
§264.272(c)	Failure of facility owner or
operator conducting land
treatment to ensure that all
field tests and laboratory
analysis conducted meet the
standards of 40 C.F.R.
§264.272(c).	Matrix	NM
§264.273(a)	Failure of facility owner or
operator to operate a land
treatment unit in accordance
with all design and operating
conditions.	$ 4,500	NM
§264.273(b)	Failure of facility owner or
operator to minimize the
run-off of hazardous
constituents from the treatment
zone.	Matrix	NM
§264.273(c)	Failure of facility owner or
operator utilizing land
treatment to have a run-on
control system capable of
preventing flow into the
treatment zone during a 25-year
storm.	Matrix	NM
§264.273(d)	Failure of facility owner or
operator utilizing land
treatment to have a run-off
management system capable of
collecting and controlling flow
during a 25-year storm.	Matrix	NM
§264.273(e)	Failure of facility owner or
operator utilizing land
treatment to empty run-on and
run-off holding facilities
expeditiously following a storm.	Matrix	NM
§264.273(f)	Failure of facility owner or
operator utilizing land
treatment to manage the
treatment zone in a manner to
control wind dispersal of
hazardous waste.	Matrix	NM
§264.273(g)	Failure of facility owner or
operator to conduct weekly
inspections of the land
treatment unit.	$ 3,000	M	30 days
§264.276	Failure of facility owner or
operator to comply with 40
C.F.R. §264.276 when growing
food-chain crops on or in the
treatment zone.	Matrix	NM
§264.278	Failure of facility owner or
operator to implement an
unsaturated zone monitoring
program in conformance with 40
C.F.R. §264.178 and make
appropriate notifications if
there is an increase in
hazardous constituents below
the treatment zone.	Matrix	NM
§264.279	Failure of facility owner or
operator to include application
dates and rates to the
operating record.	$ 3,000	M	30 days
§264.280(a)	Failure of facility owner or
operator to continue operation
of all control equipment and
treatment operations during the
closure period.	$ 4,500	NM
§264.280(b)	Failure of facility owner or
operator to submit a soil
scientist's certification upon
closure of the facility.	$ 4,500	NM
§264.280(c)	Failure of facility owner or
operator to continue operation
of all control equipment and
treatment operations during the
post-closure period.	$ 4,500	NM
§264.281	Failure of facility owner or
operator to ensure that
ignitable or reactive waste are
not placed in the land
treatment zone.	$ 5,000	NM
§264.282	Failure of facility owner or
operator to ensure that
incompatible wastes are not
placed in the same land
treatment zone.	$ 5,000	NM
§264.283(a)	Failure of facility owner or
operator to obtain an approved
management plan prior to
placing F020, F021, F023, F026
or F027 wastes in a land
treatment unit.	$ 5,000	NM

( 40 C.F.R. Part 264 Subpart N--Landfills)

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§264.301(a)	Failure of facility owner or
operator of hazardous waste
landfill to have a liner
system as required by 40
C.F.R. §264.301(a).	$ 10,000	NM
§264.301(c)	Failure of facility owner or
operator of new hazardous
waste landfill to have a
liner system as required by
40 C.F.R. § 264.301(c).	$ 10,000	NM
§264.301(g)	Failure of owner or operator
of hazardous waste landfill
to manage run-on system.	$ 4,500	NM
§264.301(h)	Failure of owner or operator
of hazardous waste landfill
to manage run-off system.	$ 4,500	NM
§264.301(i)	Failure of facility owner or
operator of hazardous waste
landfill to empty or manage
system after storm.	Matrix	NM
§264.301(j)	Failure of owner or operator
of a hazardous waste landfill
to control wind dispersion
of particulate matter.	Matrix	NM
§264.303	Failure of facility owner or
operator to meet inspection
requirements for hazardous
waste landfill.	$ 3,000	M	30 days
§264.303(c)(1)	Failure of facility owner or
operator to record the amount
of liquids removed from each
leak detection system sump
at least once a week through
the active life and closure
period of a hazardous waste
landfill.	Matrix	NM
§264.303(c)(2)	Failure of facility owner or
operator to record the amount
of liquids removed from each
leak detection system sump
in accordance with 40 C.F.R.
§264.303(c)(2) following the
closure period of a hazardous
waste landfill.	Matrix	NM
§264.304	Failure of facility owner or
operator that stores
hazardous waste in a landfill
unit to have an approved
response action plan.	$ 5,000	NM
§264.309(a)	Failure of facility owner or
operator to maintain in
operating record details of
location and dimensions of
each hazardous waste landfill
cell.	$ 4,500	NM
§264.309(b)	Failure of facility owner or
operator to maintain in
operating record the contents
of each hazardous waste
landfill cell and location of
each hazardous waste type.	$ 4,500	NM
§264.310(a)	Failure of facility owner or
operator of a hazardous waste
landfill to place final
cover over landfill.	$ 5,000	NM
§264.310(b)(1)	Failure of owner or operator
of a hazardous waste landfill
to maintain the function and
integrity of the final cover
including making repairs to
the cover necessary to
correct the effects of
settling, subsidence,
erosion, or other events.	$ 4,500	NM
§264.310(b)(2)	Failure of facility owner or
operator to continue to
operate the leachate
collection system until
leachate is no longer
detected.	Matrix	NM
§264.310(b)(3)	Failure of facility owner or
operator to maintain and
monitor the leak detection
system.	$ 4,500	NM
§264.310(b)(4)	Failure of facility owner or
operator to continue to
maintain and monitor the
ground water monitoring
system after final closure.	$ 4,500	NM
§264.310(b)(5)	Failure of facility owner or
operator to prevent run-on
and run-off from eroding or
otherwise damaging the final
cover.	$ 4,500	NM
§264.310(b)(6)	Failure of facility owner or
operator to protect and
maintain surveyed benchmarks
used in complying with
40 C.F.R. § 264.309.	$ 3,000	M	30 days
§264.312	Facility owner or operator of
hazardous waste landfill
placed ignitable or reactive
waste in hazardous waste
landfill.	$ 5,000	NM
§264.313	Facility owner or operator of
hazardous waste landfill
placed incompatible wastes
and materials in same
landfill cell.	$ 5,000	NM
§264.314(b)	Facility owner or operator
placed bulk or non-
containerized liquid
hazardous waste in landfill.	$ 5,000	NM
§264.314(c)	Failure of facility owner or
operator to ensure that
liquid hazardous waste or
hazardous wastes containing
free liquids are not placed
in the landfill.	Matrix	NM
§264.314(d)	Facility owner or operator
placed containers holding
free liquids in hazardous
waste landfill.	Matrix	NM
§264.314(f)	Facility owner or operator
placed liquid which is not a
hazardous waste in hazardous
waste landfill.	Matrix	NM
§264.315	Failure of facility owner or
operator to comply with
special requirements for
containers being placed in a
landfill.	$ 3,000	M	30 days
§264.316(a)	Failure of facility owner or
operator to comply with
inside package requirements
of overpack containers before
placing in a hazardous waste
landfill.	$ 4,500	NM
§264.316(b)	Failure of metal outer
container to be full after
packing with inside
containers and absorbent
material.	$ 4,500	NM
§264.316(c)	Failure of facility owner or
operator to use absorbent
material that is not capable
of reacting dangerously with,
being decomposed by, or
being ignited by the contents
inside the containers in
accordance with 40 C.F.R.
§264.17(b).	$ 5,000	NM
§264.316(d)	Failure of facility owner or
operator to prevent
incompatible wastes from
being placed in same outside
container.	$ 5,000	NM
§264.316(e)	Failure of facility owner or
operator to meet requirements
for packaging reactive
wastes before placing in
hazardous waste landfill.	$ 5,000	NM
§264.317	Failure of facility owner or
operator of hazardous waste
landfill to comply with
special requirements for
F020, F021, F022, F023, F026,
and F027 wastes.	$ 5,000	NM

( 40 C.F.R. Part 264 Subpart O--Incinerators)

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§264.341(b)	Failure of facility owner or
operator throughout normal
operation of incinerator to
conduct sufficient waste
analyses to verify compliance
with permit.	$ 5,000	NM
§264.344	Failure of facility owner or
operator to operate a
hazardous waste incinerator
in compliance with the
conditions at 40 C.F.R.
§264.345 and the permit.	Matrix	NM
§264.345(a)	Failure of facility owner or
operator to operate
incinerator in accordance
with operating requirements
of permit.	Matrix	NM
§264.345(c)	Facility owner or operator
fed hazardous waste into the
incinerator during start up
and shut down when not
operating at steady state
conditions.	Matrix	NM
§264.345(d)(1)	Failure of facility owner or
operator to keep combustion
zone of incinerator totally
sealed against fugitive
emissions.	$ 4,500	NM
§264.345(d)(2)	Failure of facility owner or
operator to maintain
combustion zone of
incinerator at lower than
atmospheric pressure.	$ 4,500	NM
§264.345(d)(3)	Failure of facility owner or
operator of incinerator to
provide approved alternate
means of control of fugitive
emissions.	$ 4,500	NM
§264.345(e)	Failure of facility owner or
operator to operate
incinerator with automatic
feed cut off.	$ 5,000	NM
§264.345(f)	Failure of facility owner or
operator to cease operation
of incinerator if change in
waste feed or operating
conditions exceed permit
limits.	$ 5,000	NM
§264.347(a)(1)	Failure of facility owner or
operator to monitor
combustion temperature, waste
feed rate, gas velocity
continuously.	$ 5,000	NM
§264.347(a)(2)	Failure of facility owner or
operator to monitor carbon
monoxide continuously.	$ 5,000	NM
§264.347(a)(3)	Failure of facility owner or
operator to conduct, upon
request, sampling or analyses
of waste or exhaust
emissions.	$ 4,500	NM
§264.347(b)	Failure of facility owner or
operator to thoroughly
inspect incinerator or
associated equipment at least
daily.	$ 3,000	M	30 days
§264.347(c)	Failure of facility owner or
operator to test emergency
waste feed cutoff controls or
alarm systems weekly.	$ 4,500	NM
§264.347(d)	Failure of facility owner or
operator to record all
monitoring and inspection
data in the facility's
operating log.	$ 3000	NM
§264.351	Failure of facility owner or
operator to remove all
hazardous waste and hazardous
waste residues from
incinerator site at closure.	$ 5,000	NM

( 40 C.F.R. Part 264 Subpart W--Drip Pads)

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§264.571	Failure of facility owner or
operator operating an
existing drip pad to evaluate
the pad to determine if it
meets the requirements of 40
C.F.R. §264, Subpart W.	$ 5,000	NM
§264.573(a)	Failure of facility owner or
operator to design and
construct a drip pad that is
impermeable, sloped, bermed,
and of sufficient structural
strength or to obtain an
engineer's evaluation,
recertified annually.	$ 5,000	NM
§264.573(b)(1)	Failure of facility owner or
operator to ensure drip pads
have a proper liner of
appropriate materials on a
sound foundation.	Matrix	NM
§264.573(b)(2)	Failure of facility owner or
operator to ensure drip pads
have a proper functioning
leakage detection system.	$ 4,500	NM
§264.573(b)(3)	Failure of facility owner or
operator to ensure drip pads
have a leakage collection
system to collect any leakage
from below the drip pad.	$ 4,500	NM
§264.573(b)(3)	Failure of facility owner or
operator to record, in the
facility's operating log, the
date and amount of leakage
collected from a drip pad
leakage collection system.	$ 3,000	M	30 days
§264.573(c)	Failure of facility owner or
operator to ensure drip pads
are maintained free of
cracks, gaps, or
deterioration.	$ 4,500	NM
§264.573(d)	Failure of facility owner or
operator to ensure drip pads
are designed and operated to
control and collect all
hazardous waste drippage.	$ 4,500	NM
§264.573(e)	Failure of facility owner or
operator to have a run-on
control system to prevent or
control flow onto a drip pad
from at least a 25-year storm.	Matrix	NM
§264.573(f)	Failure of facility owner or
operator utilizing a drip pad
to have a run-off management
system capable of collecting
and controlling flow during
a 25-year storm.	Matrix	NM
§264.573(g)	Failure of facility owner or
operator to obtain a
statement from a professional
engineer certifying that the
drip pad design meets the
requirements of 40 C.F.R.
§264.573(a)-(f).	$ 5,000	NM
§264.573(h)	Failure of facility owner or
operator utilizing a drip pad
to remove drippage and
precipitation from collection
system.	$ 4,500	NM
§264.573(i)	Failure of facility owner or
operator to clean drip pads
of accumulated hazardous
waste in order to allow for
weekly inspections of the
entire pad.	$ 4,500	NM
§264.573(i)	Failure of facility owner or
operator to log the date and
procedures for each drip pad
cleaning.	$ 3,000	M	30 days
§264.573(j)	Failure of facility owner or
operator to minimize the
tracking of hazardous waste
off of the drip pad.	$ 4,500	NM
§264.573(k)	Failure of facility owner or
operator to hold all treated
lumber on the drip pad until
drippage has ceased or to
document actions.	$ 4,500	NM
§264.573(l)	Failure of facility owner or
operator to empty run-on and
run-off collection units
promptly following a storm.	Matrix	NM
§264.573(m)	Failure of facility owner or
operator to make repairs to a
drip pad which has had, or
may of had, a release of
hazardous waste, in accordance
with 40 C.F.R. § 264.573(m).	Matrix	NM
§264.573 (o)	Failure of facility owner or
operator utilizing drip pads
to maintain records of past
waste handling practices.	$ 3,000	M	30 days
§264.574(a)	Failure of facility owner or
operator using a drip pad to
obtain a professional
engineer's certification
immediately after
installation of a liner.	$ 5,000	NM
§264.574(b)	Failure of facility owner or
operator to inspect drip pads
on a weekly basis and after
storms.	$ 3,000	M	30 days
§264.575	Failure of facility owner or
operator to ensure that all
waste and contamination have
been removed when closing a
drip pad.	$ 4,500	NM

( 40 C.F.R. Part 264 Subpart EE--Hazardous Waste Munitions and

Explosives Storage)

Rule	Rule Summary	Base Penalty
or Matrix	Violation	Period
§264.1201(a)(1)	Failure of hazardous waste
munitions and explosives
storage unit to be designed
and operated to minimize the
potential for detonation or
other means of release of
hazardous waste.	Matrix	NM
§264.1201(a)(2)	Failure of hazardous waste
munitions and explosives
storage unit to be designed
and operated to provide a
primary barrier designed to
contain hazardous waste.	Matrix	NM
§264.1201(a)(3)	Failure of hazardous waste
munitions and explosives
storage unit, for wastes
stored outside, to be
designed and operated so
that the waste and
containers will not be in
standing precipitation.	$ 4,500	NM
§264.1201(a)(4)	Failure of hazardous waste
munitions and explosives
storage unit, for liquid
wastes, to be designed and
operated to provide a
secondary containment system
that assures that any
released liquids are
contained, promptly
detected, and removed.	$ 4,500	NM
§264.1201(a)(5)	Failure of hazardous waste
munitions and explosives
storage unit to be designed
and operated to provide
monitoring and inspection
procedures that assure the
controls and containment
systems are working as
designed.	$ 4,500	NM
§264.1201(b)(1)	Failure of hazardous waste
munitions and explosives
stored in earth-covered
magazines to comply with the
requirements at 40 C.F.R.
§264.1201(b)(1).	$ 5,000	NM
§264.1201(b)(2)	Failure of hazardous waste
munitions and explosives in
above-ground magazines to be
located and designed so as
to minimize the propagation
of an explosion to adjacent
units.	Matrix	NM
§264.1201(b)(3)	Failure of hazardous waste
munitions and explosives in
outdoor or open storage
areas to be located and
designed so as to minimize
the propagation of an
explosion to adjacent units.	Matrix	NM
§264.1201(c)	Failure of hazardous waste
munitions and explosives to
be stored in accordance with
an SOP specifying
procedures to ensure safety,
security, and environmental
protection.	Matrix	NM
§264.1201(d)	Failure of hazardous waste
munitions and explosives to
be packaged to ensure safety
in handling and storage.	Matrix	NM
§264.1201(e)	Failure of hazardous waste
munitions and explosives to
be inventoried at least
annually.	$ 4,500	NM
§264.1201(f)	Failure of hazardous waste
munitions and explosives and
their storage units to be
inspected and monitored to
ensure explosive safety and
to ensure that there is no
migration of contaminants
outside the unit.	$ 4,500	NM

6. The violations of N.J.A.C. 7:26G-9, Interim Status Standards Applicable to Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities, whether the violation is minor or non-minor, the length of the grace period, and the civil administrative penalty amounts for each violation, are as set forth in the following table.

( 40 C.F.R. Part 265 Subpart B--General Facility Standards)

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§265.11	Failure of facility owner or
operator to obtain EPA
identification number.	$ 5,000	NM
§265.12(a)	Failure of facility owner or
operator importing hazardous
waste from a foreign
country to notify EPA at
least 4 weeks in advance of
expected delivery.	$ 3,000	M	30 days
§265.12(b)	Failure of facility owner or
operator when transferring
operation of the facility to
inform the new owner or
operator of the requirements
of 40 C.F.R. § 265 and 270.	$ 3,000	M	30 days
§265.13(a)(1)	Failure of facility owner or
operator to obtain detailed
chemical analysis of
representative sample before
treating, storing, or
disposing of any hazardous
waste.	$ 5,000	NM
§265.13(a)(3)	Failure of facility owner or
operator to repeat analysis
as necessary to ensure that
it is accurate and up to
date.	$ 3,000	M	30 days
§265.13(a)(4)	Failure of owner or
operator of an off-site
facility to inspect or
analyze each hazardous waste
shipment received to
determine if it matches the
identity specified on the
manifest or shipping paper.	$ 4,500	NM
§265.13(b)	Failure of facility owner or
operator to develop or
follow a written waste
analysis plan.	$ 5,000	NM
§265.14(a)	Failure of facility owner or
operator to prevent the
unknowing entry and minimize
the possibility for the
unauthorized entry onto the
facility.	$ 4,500	NM
§265.14(b)	Failure of facility owner or
operator to have adequate
surveillance system or
adequate artificial or
natural barrier and a means
to control entry at all
times.	$ 4,500	NM
§265.14(c)	Failure of facility owner or
operator to post signs
meeting each requirement of
40 C.F.R. § 265.14(c).	$ 3,000	M	30 days
§265.15(a)	Failure of facility owner or
operator to inspect for
malfunctions, deterioration,
errors, or discharges.	$ 3,000	M	30 days
§265.15(b)	Failure of facility owner or
operator to develop or
follow written schedule for
inspecting monitoring,
safety, emergency, security
equipment, etc., to keep
schedule on site, or to
identify problems.	$ 3,000	M	30 days
§265.15(c)	Failure of facility owner or
operator to remedy any
deterioration or malfunction
immediately or on an
appropriate schedule.	$ 5,000	NM
§265.15(d)	Failure of facility owner or
operator to record
inspections in log or to
retain required information
for three years.	$ 3,000	M	30 days
§265.16(a)(1)	Failure of facility owner or
operator to provide required
classroom or on-the-job
training for facility
personnel.	$ 4,500	NM
§265.16(a)(2)	Failure of facility owner or
operator to provide a
training program that is
directed by a person trained
in hazardous waste
management procedures.	$ 3,000	M	30 days
§265.16(a)(3)	Failure of facility owner or
operator to provide, at a
minimum, a training program
which is designed to ensure
that facility personnel are
able to respond effectively
to emergencies.	$ 3,000	M	30 days
§265.16(b)	Failure of facility
personnel to successfully
complete the training
program required in 40
C.F.R. §265.16(a) within 6
months.	$ 3,000	M	30 days
§265.16(c)	Failure of facility
personnel to take part in an
annual review of the
initial training required in
40 C.F.R. § 265.16(a).	$ 3,000	M	30 days
§265.16(d)	Failure of facility owner or
operator to maintain training
records at the facility.	$ 3,000	M	30 days
§265.16(e)	Failure of facility owner or
operator to keep training
records until closure.	$ 3,000	M	30 days
§265.17(a)	Failure of facility owner or
operator to keep ignitable
or reactive waste separated
and protected from sources
of ignition or reaction, to
confine smoking or open
flame to specially
designated locations while
handling ignitable or
reactive waste, or to
conspicuously place "No
Smoking" signs wherever
there is a hazard from
ignitable or reactive waste.	$ 4,500	NM
§265.17(b)	Failure of facility owner or
operator that treats,
stores, or disposes of
ignitable, reactive, or
mixtures of incompatible
wastes to take precautions
to prevent reactions.	$ 4,500	NM

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§265.31	Failure of facility owner or
operator to maintain or
operate facility to minimize
possibilities of fire,
explosion or releases of
hazardous waste or hazardous
waste constituents.	$ 5,000	NM
§265.32	Failure of facility owner or
operator to equip facility
with emergency equipment.	$ 4,500	NM
§265.33	Failure of facility owner or
operator to test and
maintain emergency equipment.	$ 3,000	M	30 days
§265.34	Failure of facility owner or
operator to maintain access
to communications or alarm
system.	$ 3,000	M	30 days
§265.35	Failure of facility owner or
operator to maintain
sufficient aisle space for
the unobstructed movement of
personnel or equipment in
an emergency.	$ 3,000	M	30 days
§265.37	Failure of facility owner or
operator 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.	$ 3,000	M	30 days

( 40 C.F.R. Part 265 Subpart D--Contingency Plan and Emergency Procedures)

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§265.51(a)	Failure of facility owner or
operator to have a contingency
plan designed to minimize
hazards to human health and
the environment.	$ 5,000	NM
§265.51(b)	Failure of facility owner or
operator to carry out
provisions of the plan
immediately if there is a
fire, explosion, or release.	Matrix	NM
§265.52(a)	Failure of contingency plan to
describe actions to be taken
in response to fires,
explosions, or releases.	$ 3,000	M	30 days
§265.52(b)	Failure of facility owner or
operator to amend its SPCC
( 40 C.F.R. Part 112 or Part
1510 of chapter V) or DPCC
(N.J.A.C. 7:1E) plan to
incorporate hazardous waste
management provisions.	$ 3,000	M	30 days
§265.52(c)	Failure of contingency plan to
describe arrangements agreed
to by local police or fire
departments, hospitals,
contractors, or State or local
emergency response teams.	$ 3,000	M	30 days
§265.52(d)	Failure of contingency plan to
list name, addresses, or
phone numbers of persons
qualified to act as emergency
coordinator.	$ 3,000	M	30 days
§265.52(e)	Failure of contingency plan to
list emergency equipment,
updated as required, with its
location, description, or
capabilities specified.	$ 3,000	M	30 days
§265.52(f)	Failure of contingency plan to
include evacuation procedure
for personnel including
signals, evacuation routes or
alternate evacuation routes.	$ 3,000	M	30 days
§265.53	Failure of 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.	$ 3,000	M	30 days
§265.54	Failure of facility owner or
operator to review or amend
contingency plan as necessary.	$ 3,000	M	30 days
§265.55	Failure of emergency
coordinator to be thoroughly
familiar with plan or
available at all times.	$ 4,500	NM
§265.56(a)-(b)	Failure of emergency
coordinator to identify
character, source, amount or
areal extent of discharged
materials, to activate alarms
or communications systems, or
to notify appropriate State or
local agencies if necessary.	Matrix	NM
§265.56(c)	Failure of emergency
coordinator to assess possible
hazards to human health and
the environment.	Matrix	NM
§265.56(d)	Failure of emergency
coordinator to immediately
notify appropriate emergency
response agency of situation
threatening health and the
environment.	Matrix	NM
§265.56(e)	Failure of emergency
coordinator to take reasonable
measures to ensure hazards
are minimized.	Matrix	NM
§265.56(f)	Failure of emergency
coordinator to monitor leaks,
pressure buildup, gas
generation, or ruptures, if
the facility stopped operating
due to fire, explosion, or
discharge.	Matrix	NM
§265.56(g)	Failure of emergency
coordinator to provide for
treating, storing, or
disposing of recovered waste,
contaminated soil or surface
water, or other material.	Matrix	NM
§265.56(h)	Failure of emergency
coordinator to ensure that in
affected area of facility no
incompatible waste is treated,
stored or disposed of until
cleanup procedures are
complete or to ensure that
emergency equipment is cleaned
and fit for intended use
before operations are resumed.	Matrix	NM
§265.56(i)	Failure of facility owner or
operator to notify Department
and local authorities that
facility is in compliance
before operations are resumed.	$ 3,000	M	30 days
§265.56(j)	Failure of facility owner or
operator to submit written
report to Department within
15 days after an incident.	$ 3,000	M	30 days

( 40 C.F.R. Part 265 Subpart E--Manifest System, Recordkeeping, and Reporting)

Rule	Rule Summary	Base
Penalty	Type of	Grace
or Matrix	Violation	Period
§265.71(a)(2)(i)	Failure of facility owner,
operator, or agent to sign or
date manifest.	$ 3,000	M	30 days
§265.71(a)(2)(ii)	Failure of facility owner,
operator, or agent to note any
significant discrepancies in
the manifest on each copy of
the manifest.	$ 3,000	M	30 days
§265.71(a)(2)(iii)	Failure of facility owner,
operator, or agent to give
transporter a copy of	$ 3,000	M	30 days
manifest.
§265.71(a)(2)(iv)	Failure of facility owner,
operator, or agent to send
copy of manifest to generator
within 30 days after delivery
of hazardous waste.	$ 3,000	M	30 days
§265.71(a)(2)(v)	Failure of facility owner,
operator, or agent to retain
copy of manifest for 3 years.	$ 3,000	M	30 days
§265.71(b)(1)	Failure of facility owner or
operator receiving hazardous
waste from rail or water
(bulk shipment) transporter
to sign or date manifest or
shipping paper.	$ 3,000	M	30 days
§265.71(b)(2)	Failure of facility owner or
operator receiving hazardous
waste from rail or water
(bulk shipment) transporter
to note any significant
discrepancies in manifest or
shipping paper on each copy
of manifest or shipping paper.	$ 3,000	M	30 days
§265.71(b)(3)	Failure of facility owner or
operator receiving hazardous
waste from rail or water
(bulk shipment) transporter
to give transporter a copy of
manifest or shipping paper.	$ 3,000	M	30 days
§265.71(b)(4)	Failure of facility owner or
operator receiving hazardous
waste from rail or water
(bulk shipment) transporter
to send copy of manifest or
shipping paper to generator
within 30 days after delivery.	$ 3,000	M	30 days
§265.71(b)(5)	Failure of facility owner or
operator receiving hazardous
waste from rail or water
(bulk shipment) transporter
to retain copy of manifest
for 3 years.	$ 3,000	M	30 days
§265.71(e)	Failure of facility operator
to reconcile a significant
discrepancy with the
generator or transporter
within 15 days of receipt or
to report the unresolved
discrepancy to the Department
immediately thereafter.	$ 3,000	M	30 days
§265.72(c)	Failure of facility operator
to reconcile a significant
discrepancy with the generator
or transporter within 15 days
of receipt or to report the
unresolved discrepancy to the
Department immediately
thereafter.	$ 3,000	M	30 days
§265.72(d)	Failure of facility owner or
operator to comply with the
requirements of 40 C.F.R.
265.72(d) when rejecting waste
or identifying a container
residue that exceeds the
quantity limits for "empty."	$ 3,000	M	30 days
§265.72(e)	Failure of facility owner or
operator to comply with the
requirements of 40 C.F.R.
265.72(e) when sending full or
partially rejected loads to an
alternate facility.	$ 3,000	M	30 days
§265.72(f)	Failure of facility owner or
operator to comply with the
requirements of 40 C.F.R.
265.72(f) when sending
rejected wastes and residues
back to the generator.	$ 3,000	M	30 days
§265.72(g)	Failure of facility owner or
operator to comply with the
requirements of 40 C.F.R.
265.72(g) when rejecting a
waste or identifying a
container residue that exceeds
the quantity limits for
"empty" after it has signed,
dated, and returned a copy of
the manifest to the delivering
transporter or to the
generator.	$ 3,000	M	30 days
§265.73	Failure of facility owner or
operator to keep written
operating records meeting
each requirement of 40 C.F.R.
§265.73.	$ 4,500	NM
§265.74(a)	Failure of facility owner or
operator to furnish upon
request, or make available
for inspection, any record.	$ 4,500	NM
§265.74(b)	Failure of facility owner or
operator to keep any record
during the course of any
unresolved enforcement action
or as requested by the
Department.	$ 4,500	NM
§265.74(c)	Failure of facility owner or
operator to submit copy of
waste disposal locations or
quantities to Department or
local land authority upon
closure of facility.	$ 3,000	M	30 days
§265.75	Failure of facility owner or
operator to prepare or submit
a copy of the hazardous
waste report to Department by
March 1 of each even
numbered year.	$ 3,000	M	30 days
§265.76	Failure of facility owner or
operator receiving
unmanifested waste to submit
an 'Unmanifested Waste
Report'.	$ 4,500	NM
§265.76	Failure of facility owner or
operator receiving
unmanifested waste to submit
an 'Unmanifested Waste
Report' within 15 days.	$ 3,000	M	30 days

( 40 C.F.R. Part 265 Subpart F--Ground-Water Monitoring)

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§265.91	Failure of ground water
monitoring system to meet the
requirements of 40 C.F.R. § 265.91.	Matrix	NM
§265.92	Failure of facility owner or
operator to develop and follow a
ground water sampling and
analysis plan in accordance with
40 C.F.R. § 265.92.	Matrix	NM
§265.93	Failure of facility owner or
operator to prepare an outline of
a more comprehensive ground
water monitoring program in
accordance with 40 C.F.R. § 265.93.	Matrix	NM
§265.94	Failure of facility owner or
operator to maintain records of
ground water monitoring
information or to report the
information to the Department.	$ 3,000	M	30 days

( 40 C.F.R. Part 265 Subpart G--Closure and Post-Closure)

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§265.111	Failure of facility owner or
operator to close in a manner
that minimizes further
maintenance and controls,
minimizes, or eliminates
post-closure escape of
hazardous waste.	Matrix	NM
§265.112(a)	Failure of facility owner or
operator to have written
closure plan.	$ 5,000	NM
§265.112(b)	Failure of facility owner or
operator to include in the
closure plan all steps
necessary to perform a partial
and/or final closure of the
facility.	$ 3,000	M	30 days
§265.112(c)	Failure of facility owner or
operator to amend or request
modification of closure plan
before change.	$ 3,000	M	30 days
§265.112(d)	Failure of facility owner or
operator to notify Department
prior to commencement of
closure.	$ 4,500	NM
§265.113(a)	Failure of facility owner or
operator to treat, remove, or
dispose of waste within 90
days after final volume of
wastes received in accordance
with approved closure plan.	$ 4,500	NM
§265.113(b)	Failure of facility owner or
operator to complete closure
within 180 days after final
volume of wastes received in
accordance with approved
closure plan.	$ 4,500	NM
§265.114	Failure of facility owner or
operator to properly dispose
of or decontaminate all
contaminated equipment,
structures, or soils.	$ 5,000	NM
§265.115	Failure of facility owner or
operator, when closure
completed, to submit its own
certification or that of an
independent registered
professional engineer to the
Department.	$ 3,000	M	30 days
§265.116	Failure of facility owner or
operator, within 60 days after
closure, to submit to local
authorities and Department
detailed information on site.	$ 3,000	M	30 days
§265.117(a)	Failure of facility owner or
operator to continue proper
post-closure care for 30 years
and to comply with 40 C.F.R.
§265.117(a)(1)-(2).	Matrix	NM
§265.117(c)	Failure of facility owner or
operator to ensure that
post-closure activity does not
disturb final cover, liner(s),
or containment or monitoring
system.	$ 4,500	NM
§265.117(d)	Failure of facility owner or
operator to perform post-
closure care activities in
accordance with post-closure
plan.	$ 5,000	NM
§265.118(a)	Failure of facility owner or
operator to have written post-
closure plan.	$ 5,000	NM
§265.118(b)	Failure of facility owner or
operator to furnish the most
current copy of post-closure
plan to the Department upon
request or to keep a copy of
the post-closure plan with the
person or office specified in
40 C.F.R. § 265.118(c)(3)
during the post-closure period.	$ 3,000	M	30 days
§265.118(c)	Failure of facility owner or
operator to include in post-
closure plan all activities
that will be carried on after
closure of each disposal unit
and the frequency of these
activities.	$ 3,000	M	30 days
§265.118(d)	Failure of facility owner or
operator to amend or request
modification of post-closure
plan when necessary.	$ 3,000	M	30 days
§265.119(a)	Failure of facility owner or
operator to inform the local
zoning officer and the
Department of the type,
location, and amount of waste
in each disposal unit within
60 days of receiving a
certification of closure for
that unit.	$ 3,000	M	30 days
§265.119(b)	Failure of facility owner or
operator to comply with
requirements for notice in
deed to property.	$ 3,000	M	30 days
§265.120	Failure of facility owner or
operator to certify that
post-closure activities have
been conducted according to
the post-closure plan within
60 days of completion of the
established post-closure care
period.	$ 3,000	M	30 days

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§265.142(a)	Failure of facility owner or
operator to have a written
estimate of the cost of closing
facility.	$ 4,500	NM
§265.142(b)	Failure of facility owner or
operator to adjust closure cost
estimate for inflation
according to regulatory time
frames.	$ 3,000	M	30 days
§265.142(c)	Failure of facility owner or
operator to revise the closure
cost estimate whenever a change
in the closure plan increases
the cost of closure.	$ 3,000	M	30 days
§265.142(d)	Failure of facility owner or
operator to keep the latest
closure cost estimate and
adjusted closure cost estimate
at the facility.	$ 3,000	M	30 days
§265.143	Failure of facility owner or
operator to establish financial
assurance for closure of
facility.	Matrix	NM
§265.144(a)	Failure of facility owner or
operator to have a written
estimate of the cost of post-
closure care.	$ 4,500	NM
§265.144(b)	Failure of facility owner or
operator to adjust cost
estimate of post-closure care
for inflation according to
regulatory time frames.	$ 3,000	M	30 days
§265.144(c)	Failure of facility owner or
operator to revise the post-
closure care cost estimate
whenever a change in the post-
closure plan increases the cost
of post-closure care.	$ 3,000	M	30 days
§265.144(d)	Failure of facility owner or
operator to keep the latest
post-closure care cost estimate
at the facility.	$ 3,000	M	30 days
§265.145	Failure of facility owner or
operator to establish financial
assurance for post-closure
care of facility.	Matrix	NM
§265.147(a)	Failure of facility owner or
operator to meet liability
requirements for sudden
accidental occurrences.	Matrix	NM
§265.147(b)	Failure of facility owner or
operator to meet the liability
requirements for nonsudden
occurrences.	Matrix	NM
§265.148(a)	Failure of facility owner or
operator or guarantor to notify
Department of commencement of
proceeding under Title II of
the Bankruptcy Code.	$ 3,000	M	30 days
§265.148(b)	Failure of facility owner or
operator to establish other
financial assurance or
liability coverage within 60
days after bankruptcy,
suspension, or revocation.	Matrix	NM

( 40 C.F.R. Part 265 Subpart H--Financial Requirements)

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§265.171	Failure of facility owner or
operator to handle hazardous
waste in containers of good
condition.	$ 4,500	NM
§265.172	Failure of facility owner or
operator to use container
compatible with hazardous waste
stored.	$ 4,500	NM
§265.173	Failure of facility owner or
operator to comply with
requirements for the management
of containers.	$ 3,000	M	30 days
§265.174	Failure of facility owner or
operator to perform inspection
of each area where containers
are stored.	$ 3,000	M	30 days
§265.176	Failure of facility owner or
operator to store containers
holding ignitable or reactive
wastes at least 50 feet from
property line.	$ 4,500	NM
§265.177	Failure of facility owner or
operator to comply with each of
the special requirements for
incompatible wastes.	$ 4,500	NM
§265.178	Failure of facility owner or
operator to comply with 40
C.F.R. §265, Subparts AA, BB,
and CC.	Matrix	NM

( 40 C.F.R. Part 265 Subpart J--Tank Systems)

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§265.191(a)	Failure of facility owner or
operator to obtain and keep a
written assessment by a
professional engineer
attesting to existing tank
system's integrity.	$ 5,000	NM
§265.191(b)	Failure of written assessment
to comply with the
requirements at 40 C.F.R.
§265.191(b).	$ 5,000	NM
§265.191(c)	Failure of facility owner or
operator to assess the
integrity of a tank within 12
months of a material
becoming a hazardous waste.	$ 5,000	NM
§265.192(a)	Failure of facility owner or
operator to have written
assessment by a professional
engineer attesting that the
system has sufficient
structural strength.	$ 5,000	NM
§265.192(b)	Failure of facility owner or
operator to have a new tank
inspected by a qualified
installation inspector or
engineer for damage prior to
covering, enclosing or
placing in use.	$ 5,000	NM
§265.192(c)	Failure of facility owner or
operator of new tank system
or components to use
appropriate backfill material.	$ 5,000	NM
§265.192(d)	Failure of facility owner or
operator to have a new tank
and ancillary equipment
tested for tightness prior to
covering, enclosing or
placing in use.	$ 5,000	NM
§265.192(e)	Failure of facility owner or
operator to have ancillary
equipment supported and
protected from settlement,
vibration, expansion, or
contraction.	$ 4,500	NM
§265.192(f)	Failure of facility owner or
operator to provide proper
corrosion protection for new
tank systems.	$ 5,000	NM
§265.192(g)	Failure of facility owner or
operator to obtain and keep
on record certifications from
those professionals
responsible for tank system
design and installation.	$ 3,000	M	30 days
§265.193(a)	Failure of facility owner or
operator to install secondary
containment for hazardous
waste tanks within the time
frames outlined in 40 C.F.R.
§265.193(a).	$ 4,500	NM
§265.193(b)(1)	Failure of secondary
containment system to be
designed, installed, and
operated to prevent migration
of wastes or accumulated
liquid out of the system.	$ 4,500	NM
§265.193(b)(2)	Failure of secondary
containment system to detect
and collect releases and
accumulated liquids.	$ 4,500	NM
§265.193(c)(1)	Failure of containment system
to consist of material
compatible with wastes stored
or to have sufficient
strength and thickness.	$ 4,500	NM
§265.193(c)(2)	Failure of facility owner or
operator to construct
secondary containment unit on
a base or foundation capable
of providing support and
resistance to pressure
gradients.	$ 4,500	NM
§265.193(c)(3)	Failure of facility owner or
operator to construct
secondary containment with a
leak detection system that is
designed and operated to
detect the failure of
containment structure(s) or
the presence of a release.	$ 4,500	NM
§265.193(c)(4)	Failure of facility owner or
operator to remove accumulated
precipitation or spilled or
leaked waste from secondary
containment within 24 hours.	$ 4,500	NM
§265.193(d)	Failure of facility owner or
operator to provide secondary
containment featuring an
approved device.	$ 4,500	NM
§265.193(e)(1)	Failure of external liner
system to meet requirements
at 40 C.F.R. § 265.193(e)(1).	$ 4,500	NM
§265.193(e)(2)	Failure of vault system to
meet requirements at 40
C.F.R. §265.193(e)(2).	$ 4,500	NM
§265.193(e)(3)	Failure of double-walled tank
to meet requirements at 40
C.F.R. §265.193(e)(3).	$ 4,500	NM
§265.193(f)	Failure of facility owner or
operator to provide secondary
containment for ancillary
equipment.	$ 4,500	NM
§265.194(a)	Failure of facility owner or
operator to prevent hazardous
wastes or treatment reagents
from being placed in tank
system if they can cause the
tank, its ancillary
equipment, or containment
system to rupture, leak,
corrode, or otherwise fail.	$ 5,000	NM
§265.194(b)	Failure of facility owner or
operator to use appropriate
controls and practices to
prevent spills and overflows
from tanks or containment
systems.	$ 5,000	NM
§265.195(a)(1)	Failure of facility owner or
operator to inspect
overfill/spill control
equipment each operating day.	$ 3,000	M	30 days
§265.195(a)(2)	Failure of facility owner or
operator to inspect
aboveground portions of tank
system for corrosion or
releases of waste each
operating day.	$ 3,000	M	30 days
§265.195(a)(3)	Failure of facility owner or
operator to inspect data
gathered from monitoring and
leak detection equipment each
operating day.	$ 3,000	M	30 days
§265.195(a)(4)	Failure of facility owner or
operator to inspect
construction materials and
area immediately surrounding
tank system for erosion or
signs of releases each
operating day.	$ 3,000	M	30 days
§265.195(b)	Failure of facility owner or
operator to inspect cathodic
protection systems.	$ 3,000	M	30 days
§265.195(c)	Failure of facility owner or
operator to document
inspections in facility
operating record.	$ 3,000	M	30 days
§265.196(a)	Failure of facility owner or
operator to cease using a
tank from which a release
occurred or which is unfit
for use.	Matrix	NM
§265.196(b)	Failure of facility owner or
operator to remove waste from
a tank in which a release
occurred within 24 hours in
order to affect repairs on
the unit.	Matrix	NM
§265.196(c)	Failure of facility owner or
operator to prevent further
migration of the release to
soils or water or to remove
and dispose of any visible
contamination of soil or
water.	Matrix	NM
§265.196(d)	Failure of facility owner or
operator to report a release
within 24 hours or to submit
a spill report within 30 days.	$ 3,000	M	30 days
§265.196(e)	Failure of facility owner or
operator to comply with 40
C.F.R. §265.196(e)(2)-(4)
prior to placing a tank back
in service following a
release.	$ 4,500	NM
§265.196(f)	Failure of facility owner or
operator to obtain a
professional engineer's
certification prior to
placing a tank back in
service following a major
repair.	$ 4,500	NM
§265.197(a)	Failure of facility owner or
operator at closure to remove
or decontaminate all waste
residues, contaminated
containment system
components, contaminated
soils, structures, etc.	$ 5,000	NM
§265.197(c)	Failure of facility owner or
operator that has a tank
system without secondary
containment to comply with
requirements at 40 C.F.R.
§265.197(c).	$ 4,500	NM
§265.198(a)	Failure of facility owner or
operator to meet specific
requirements before placing
ignitable or reactive waste
in a tank.	$ 5,000	NM
§265.198(b)	Failure of facility owner or
operator storing or treating
ignitable or reactive wastes
in tanks to comply with
NFPA's buffer zone
requirements for tanks.	$ 4,500	NM
§265.199(a)	Failure of facility owner or
operator to prevent the
placing of incompatible
wastes, or wastes and
materials, in same tank,
except in compliance with 40
C.F.R. §265.17(b).	$ 5,000	NM
§265.199(b)	Failure of facility owner or
operator to prevent the
placing of hazardous waste in
a tank which is not
decontaminated and previously
held incompatible waste,
except in compliance with 40
C.F.R. §265.17(b).	$ 5,000	NM
§265.200	Failure of facility owner or
operator utilizing a tank
system to conduct waste
analysis and trial treatment
or storage tests before
treating/storing different
waste or using a different
process.	$ 5,000	NM
§265.201(b)(2)	Failure of small quantity
generator to prevent
hazardous waste or treatment
reagents from being placed in
tank system if they can
cause the tank, its ancillary
equipment, or containment
system to rupture, leak,
corrode, or otherwise fail.	$ 5,000	NM
§265.201(b)(3)	Failure of small quantity
generator to maintain at
least two feet of freeboard
for uncovered tanks.	$ 4,500	NM
§265.201(b)(4)	Failure of small quantity
generator utilizing tank
storage featuring a
continuous feed to install a
means to stop this inflow.	$ 4,500	NM
§265.201(c)(1)	Failure of small quantity
generator to inspect
discharge control equipment
each operating day.	$ 3,000	M	30 days
§265.201(c)(2)	Failure of small quantity
generator to inspect data
gathered from monitoring
equipment each operating day.	$ 3,000	M	30 days
§265.201(c)(3)	Failure of small quantity
generator to inspect level of
waste in tank each operating
day.	$ 3,000	M	30 days
§265.201(c)(4)	Failure of small quantity
generator to inspect
construction materials weekly.	$ 3,000	M	30 days
§265.201(c)(5)	Failure of small quantity
generator to inspect the
construction materials of,
and the area immediately
surrounding, discharge
confinement structures weekly.	$ 3,000	M	30 days
§265.201(d)	Failure of small quantity
generator at closure to
remove all waste from tanks,
discharge control equipment,
and discharge confinement
structures.	$ 5,000	NM
§265.201(e)(1)	Failure of small quantity
generator to meet specific
requirements before placing
ignitable or reactive waste
in a tank.	$ 5,000	NM
§265.201(e)(2)	Failure of small quantity
generator storing or treating
ignitable or reactive waste
in a tank to comply with
NFPA's buffer zone
requirements for tanks.	$ 4,500	NM
§265.201(f)(1)	Failure of small quantity
generator to prevent the
placing of incompatible
wastes, or wastes and
materials, in same tank,
except in compliance with
40 C.F.R. § 265.17(b).	$ 5,000	NM
§265.201(f)(2)	Failure of small quantity
generator to prevent the
placing of hazardous waste in
a tank which was not
decontaminated and previously
held incompatible waste,
except in compliance with 40
C.F.R. § 40 C.F.R. § 265.17(b).	$ 5,000	NM
§265.202	Failure of facility owner or
operator to comply with 40
C.F.R. §265, Subparts AA, BB,
and CC.	Matrix	NM

( 40 C.F.R. Part 265 Subpart K--Surface Impoundments)

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation
§265.221(a)	Failure of facility owner or
operator utilizing surface
impoundments to install two or
more liners and a leachate
collection system.	Matrix	NM
§265.221(f)	Failure of facility owner or
operator utilizing surface
impoundments to maintain
sufficient freeboard to
prevent overtopping of the
dike by overfilling, wave
action, or a storm.	$ 4,500	NM
§265.223	Failure of facility owner or
operator who stores hazardous
waste in a surface impoundment
to have an approved response
action plan.	$ 5,000	NM
§265.225	Failure of facility owner or
operator utilizing a surface
impoundment to conduct waste
analysis and trial treatment
tests before treating
different waste or using a
different process.	$ 5,000	NM
§265.226	Failure of facility owner or
operator to comply with
monitoring and inspection
requirements of surface
impoundments.	$ 3,000	M	30 days
§265.228(a)	Failure of facility owner or
operator to ensure that all
waste residues have been
removed, all containment
systems and subsoils have been
decontaminated and managed as
hazardous waste, and provide
post-closure care for a
landfill when closing a
surface impoundment.	Matrix	NM
§265.228(b)	Failure of facility owner or
operator to comply with
maintenance and monitoring
requirements during post-
closure of surface
impoundments.	Matrix	NM
§265.229	Failure of facility owner or
operator to meet requirements
for placing ignitable or
reactive waste in surface
impoundment.	$ 5,000	NM
§265.230	Failure of facility owner or
operator to prevent
incompatible wastes and/or
materials from being placed in
same surface impoundment.	$ 5,000	NM
§265.231	Failure of facility owner or
operator to comply with 40
C.F.R. §265, Subparts BB and
CC.	Matrix	NM

( 40 C.F.R. Part 265 Subpart L--Waste Piles)

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§265.251	Failure of facility owner or
operator to manage a waste
pile in order to prevent
wind dispersal.	Matrix	NM
§265.252	Failure of facility owner or
operator to conduct a waste
analysis of each incoming
waste movement prior to
adding the waste to a waste
pile.	$ 5,000	NM
§265.253	Failure of facility owner or
operator storing waste in
piles to provide proper
leachate, run-off, and
run-on controls.	$ 5,000	NM
§265.254	Failure of facility owner or
operator utilizing waste
piles to install two or more
liners and a leachate
collection system both above
and between the liners.	$ 5,000	NM
§265.256	Failure of facility owner or
operator to ensure that
ignitable or reactive wastes
are not placed in waste
piles or are managed in such
a way as to protect it from
any conditions that may
make it ignite or react.	$ 5,000	NM
§265.257	Failure of facility owner or
operator to comply with
special handling
instructions for the
placement of incompatible
wastes in waste piles.	$ 5,000	NM
§265.258	Failure of facility owner or
operator to ensure that all
waste and contaminated
containment system
components have been removed
and managed as hazardous
waste when closing a waste
pile.	$ 5,000	NM
§265.259	Failure of facility owner or
operator who stores
hazardous waste in a waste
pile to have an approved
response action plan.	$ 5,000	NM
§265.260	Failure of facility owner or
operator to record the
amount of liquids removed
from each leak detection
system sump at least once a
week through the active life
and closure period of a
waste pile.	$ 3,000	M	30 days

( 40 C.F.R. Part 265 Subpart M--Land Treatment)

Rule	Rule Summary	Base Penalty
or Matrix	Violation	Period
§265.272(a)	Failure of facility owner or
operator conducting land
treatment to ensure that the
hazardous constituents in the
waste will be made less
hazardous or nonhazardous by
the processes occurring in the
treatment zone.	$ 5,000	NM
§265.272(b)	Failure of facility owner or
operator utilizing land
treatment to have a run-on
control system capable of
preventing flow into the
treatment zone during a 25-year
storm.	$ 5,000	NM
§265.272(c)	Failure of facility owner or
operator utilizing land
treatment to have a run-off
management system capable of
collecting and controlling flow
during a 25-year storm.	$ 4,500	NM
§265.272(d)	Failure of facility owner or
operator utilizing land
treatment to empty run-on and
run-off holding facilities
expeditiously following a storm.	Matrix	NM
§265.272(e)	Failure of facility owner or
operator utilizing land
treatment to manage the
treatment zone in a manner to
control wind dispersal of
hazardous waste.	Matrix	NM
§265.273	Failure of facility owner or
operator conducting land
treatment to ensure that all
wastes to be placed in the
treatment zone are analyzed to
determine if they meet the
standards of 40 C.F.R. § 265.273.	$ 5,000	NM
§265.276	Failure of facility owner or
operator to comply with 40
C.F.R. §265.276 when growing
food-chain crops on or in the
treatment zone.	Matrix	NM

( 40 C.F.R. Part 265 Subpart N--Landfills)

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§265.301(b)	Failure of facility owner or
operator to make appropriate
notifications prior to
accepting hazardous waste for
storage in a landfill unit.	$ 3,000	M	30 days
§265.301(f)	Failure of facility owner or
operator of hazardous waste
landfill to manage run-on
system.	$ 4,500	NM
§265.301(g)	Failure of facility owner or
operator of hazardous waste
landfill to manage run-off
system.	$ 4,500	NM
§265.301(h)	Failure of facility owner or
operator of hazardous waste
landfill to empty or manage
run-on/run-off systems after
storm.	Matrix	NM
§265.301(i)	Failure of facility owner or
operator who landfills
hazardous waste to manage the
landfill in a manner to
control wind dispersal of
hazardous waste.	Matrix	NM
§265.304(a)	Failure of facility owner or
operator to record the amount
of liquids removed from each
leak detection system sump
at least once a week through
the active life and closure
period of a hazardous waste
landfill.	Matrix	NM
§265.304(b)	Failure of facility owner or
operator to record the amount
of liquids removed from each
leak detection system sump
in accordance with 40 C.F.R.
§265.304(b) following the
closure period of a hazardous
waste landfill.	$ 3,000	M	30 days
§265.309(a)	Failure of facility owner or
operator to maintain in
operating record details of
location and dimensions of
each hazardous waste landfill
cell.	$ 4,500	NM
§265.309(b)	Failure of facility owner or
operator to maintain in
operating record the contents
of each hazardous waste
landfill cell and location of
each hazardous waste type.	$ 4,500	NM
§265.310(a)	Failure of facility owner or
operator of a hazardous waste
landfill to place final
cover over landfill.	$ 5,000	NM
§265.310(b)(1)	Failure of facility owner or
operator of a hazardous waste
landfill to maintain the
function and integrity of the
final cover including making
repairs to the cover as
necessary to correct the
effects of settling,
subsidence, erosion, or other
events.	$ 4,500	NM
§265.310(b)(2)	Failure of facility owner or
operator to maintain and
monitor the leak detection
system.	$ 4,500	NM
§265.310(b)(3)	Failure of facility owner or
operator who landfills
hazardous waste to comply
with all ground water
monitoring, sampling, and
reporting requirements.	$ 4,500	NM
§265.310(b)(4)	Failure of facility owner or
operator to prevent run-on
and run-off from eroding or
otherwise damaging the final
cover.	$ 4,500	NM
§265.310(b)(5)	Failure of facility owner or
operator to protect and
maintain surveyed benchmarks
used in complying with 40
C.F.R. §265.309.	$ 3,000	M	30 days
§265.312(a)	Facility owner or
operator of hazardous waste
landfill placed ignitable or
reactive wastes in a
hazardous waste landfill.	$ 5,000	NM
§265.312(b)	Failure of facility owner or
operator to comply with
special handling instructions
for the placement of
ignitable wastes in landfill
units.	$ 5,000	NM
§265.313	Facility owner or
operator of hazardous waste
landfill placed incompatible
wastes and materials in same
landfill cell.	$ 5,000	NM
§265.314(b)	Facility owner or
operator placed bulk or non-
containerized liquids in
landfill.	$ 5,000	NM
§265.314(c)	Facility owner or
operator placed containerized
liquids in hazardous waste
landfill.	$ 5,000	NM
§265.314(d)	Failure of facility owner or
operator to utilize an
approved testing method to
determine if a waste to be
placed in a hazardous waste
landfill contains free
liquids.	$ 3,000	M	30 days
§265.315	Failure of facility owner or
operator to comply with
special requirements for
containers.	$ 3,000	M	30 days
§265.316(a)	Failure of facility owner or
operator to comply with
inside package requirements
of overpack containers before
placing in a hazardous waste
landfill.	$ 4,500	NM
§265.316(b)	Failure of metal outer
container to be full after
packing with inside
containers and absorbent
material.	$ 4,500	NM
§265.316(c)	Failure of facility owner or
operator to use absorbent
material that is not capable
of reacting dangerously with,
being decomposed by, or
being ignited by the contents
inside the containers.	$ 5,000	NM
§265.316(d)	Failure of facility owner or
operator to prevent
incompatible wastes from
being placed in same outside
container.	$ 5,000	NM
§265.316(e)	Failure of facility owner or
operator to meet requirements
for packaging reactive
wastes before placing in
hazardous waste landfill.	$ 5,000	NM

( 40 C.F.R. Part 265 Subpart O--Incinerators)

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§265.341	Failure of facility owner or
operator to sufficiently
analyze waste not previously
burned.	$ 5,000	NM
§265.345	Facility owner or
operator fed hazardous waste
into the incinerator during
start up and shut down when
not operating at steady state
conditions.	Matrix	NM
§265.347(a)	Failure of facility owner or
operator of incinerator to
conduct monitoring of
combustion and emission
control instruments at least
every 15 minutes or to make
appropriate corrections
immediately.	$ 4,500	NM
§265.347(b)	Failure of facility owner or
operator to completely
inspect incinerator or
associated equipment at least
daily.	$ 3,000	M	30 days
§265.351	Failure of facility owner or
operator to remove all
hazardous wastes and
hazardous waste residues from
the incinerator at closure.	$ 5,000	NM

( 40 C.F.R. Part 265 Subpart P--Thermal Treatment)

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§265.373	Failure of facility owner or
operator to bring thermal
treatment process to normal
operating conditions before
adding hazardous waste.	Matrix	NM
§265.375	Failure of facility owner or
operator to sufficiently
analyze waste not previously
treated.	$ 5,000	NM
§265.377(a)(1)	Failure of facility owner or
operator when thermally
treating hazardous waste to
monitor instruments relating
to temperature and emission
control at least every 15
minutes.	$ 4,500	NM
§265.377(a)(2)	Failure of facility owner or
operator when thermally
treating hazardous waste to
observe stack plume at least
hourly.	$ 3,000	M	30 days
§265.377(a)(3)	Failure of facility owner or
operator when thermally
treating hazardous waste to
inspect process and
associated equipment for
leaks, spills, etc; at least
daily.	$ 3,000	M	30 days
§265.381	Failure of facility owner or
operator at closure to remove
all hazardous waste and
residues from thermal
treatment process.	$ 4,500	NM
§265.382	Failure of facility owner or
operator to prevent the open
burning of any hazardous
waste or the open burning and
detonation of waste
explosives too close to
property line.	Matrix	NM

( 40 C.F.R. Part 265 Subpart Q--Chemical, Physical, and Biological Treatment)

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§265.401(b)	Failure of facility owner or
operator to prevent placing
of hazardous wastes in
treatment process if they
could cause process to leak,
corrode, or fail.	$ 5,000	NM
§265.401(c)	Failure of facility owner or
operator to provide
continuously fed treatment
process with a mechanism to
stop inflow.	$ 4,500	NM
§265.402(a)	Failure of facility owner or
operator to conduct waste
analysis and trial treatment
tests before treating
different waste or using a
different process.	$ 5,000	NM
§265.403(a)(1)	Failure of facility owner or
operator to inspect discharge
control and safety equipment
at least once each operating
day.	$ 3,000	M	30 days
§265.403(a)(2)	Failure of facility owner or
operator to inspect data from
monitoring equipment at
least once each operating day.	$ 3,000	M	30 days
§265.403(a)(3)	Failure of facility owner or
operator to inspect
construction materials at
least weekly.	$ 3,000	M	30 days
§265.403(a)(4)	Failure of facility owner or
operator to monitor and
inspect discharge confinement
structures for erosion or
leakage at least weekly.	$ 3,000	M	30 days
§265.404	Failure of facility owner or
operator to remove all
hazardous waste and residues
at closure.	$ 5,000	NM
§265.405	Failure of facility owner or
operator to prevent placing
ignitable or reactive waste
in treatment process unless
it is treated accordingly.	$ 10,000	NM
§265.406(a)	Failure of facility owner or
operator to prevent the
placing of incompatible
wastes in the treatment
process.	$ 10,000	NM
§265.406(b)	Failure of facility owner or
operator to prevent the
placing of hazardous waste in
unwashed treatment equipment
which previously held
incompatible waste or
material.	$ 5,000	NM

( 40 C.F.R. Part 265 Subpart W--Drip Pads)

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§265.443(a)	Failure of facility owner or
operator to design and
construct a drip pad that is
impermeable, sloped,
bermed, and of sufficient
structural strength or to
obtain an engineer's
evaluation, recertified
annually.	$ 5,000	NM
§265.443(b)(1)	Failure of facility owner or
operator to ensure drip pads
have a proper liner of
appropriate materials on a
sound foundation.	$ 5,000	NM
§265.443(b)(2)	Failure of facility owner or
operator to ensure drip pads
have a proper functioning
leakage detection system.	$ 4,500	NM
§265.443(b)(3)	Failure of facility owner or
operator to ensure drip pads
have a leakage collection
system to collect any
leakage from below the drip
pad.	$ 4,500	NM
§265.443(b)(3)	Failure of facility owner or
operator to record in the
facility's operating log the
date and amount of leakage
collected in the leakage
collection system.	$ 3,000	M	30 days
§265.443(c)	Failure of facility owner or
operator to ensure drip pads
are maintained free of
cracks, gaps, or
deterioration.	$ 4,500	NM
§265.443(d)	Failure of facility owner or
operator to ensure drip pads
are designed and operated
to control and collect all
hazardous waste drippage.	$ 4,500	NM
§265.443(e)	Failure of facility owner or
operator to have a run-on
control system to prevent or
control flow onto a drip
pad from at least a 25-year
storm.	Matrix	NM
§265.443(f)	Failure of facility owner or
operator utilizing a drip
pad to have a run-off
management system capable of
collecting and controlling
flow during a 25-year storm.	Matrix	NM
§265.443(g)	Failure of facility owner or
operator to obtain a
statement from a
professional engineer
certifying that the drip pad
design meets the
requirements of 40 C.F.R.
§265.443.	$ 5,000	NM
§265.443(h)	Failure of facility owner or
operator utilizing a drip
pad to remove drippage and
precipitation from collection
system.	$ 4,500	NM
§265.443(i)	Failure of facility owner or
operator to clean drip pads
of accumulated hazardous
waste in order to allow for
weekly inspections of the
entire pad.	$ 4,500	NM
§265.443(i)	Failure of facility owner or
operator to record in the
facility's operating log the
date and procedures for
each cleaning.	$ 3,000	M	30 days
§265.443(j)	Failure of facility owner or
operator to minimize the
tracking of hazardous waste
off of the drip pad.	$ 4,500	NM
§265.443(k)	Failure of facility owner or
operator to hold all treated
lumber on the drip pad
until drippage has ceased or
to document actions.	$ 4,500	NM
§265.443(l)	Failure of facility owner or
operator to empty run-on and
run-off collection units
promptly following a storm.	Matrix	NM
§265.443(m)	Failure of facility owner or
operator to make repairs to
a drip pad which has had, or
may of had, a release of
hazardous waste, in
accordance with 40 C.F.R.
§265.443(m).	Matrix	NM
§265.443(n)	Failure of facility owner or
operator utilizing drip pads
to maintain records of past
waste handling practices.	$ 3,000	M	30 days
§265.444(a)	Failure of facility owner or
operator using a drip pad to
obtain a professional
engineer's certification
immediately after
installation of a liner.	$ 5,000	NM
§265.444(b)	Failure of facility owner or
operator to inspect drip
pads on a weekly basis and
after storms.	$ 3,000	M	30 days
§265.445	Failure of facility owner or
operator to ensure that all
waste and contamination have
been removed when closing a
drip pad.	$ 4,500	NM

( 40 C.F.R. Part 265 Subpart EE--Hazardous Waste Munitions and

Explosives Storage)

Rule	Rule Summary	Base Penalty
or Matrix	Violation	Period
§265.1201(a)(1)	Failure of hazardous waste
munitions and explosives
storage unit to be designed
and operated to minimize the
potential for detonation or
other means of release of
hazardous waste.	Matrix	NM
§265.1201(a)(2)	Failure of hazardous waste
munitions and explosives
storage unit to be designed
and operated to provide a
primary barrier designed to
contain hazardous waste.	Matrix	NM
§265.1201(a)(3)	Failure of hazardous waste
munitions and explosives
storage unit to be designed
and operated so that the
waste and containers will
not be in standing
precipitation, for wastes
stored outdoors.	$ 4,500	NM
§265.1201(a)(4)	Failure of hazardous waste
munitions and explosives
storage unit to be designed
and operated so that any
released liquids are
contained, promptly
detected, and removed
(for liquid wastes).	$ 4,500	NM
§265.1201(a)(5)	Failure of hazardous waste
munitions and explosives
storage unit to be designed
and operated to provide
monitoring and inspection
procedures that assure the
controls and containment
systems are working as
designed.	$ 4,500	NM
§265.1201(b)(1)	Failure of hazardous waste
munitions and explosives
stored in earth-covered
magazines to comply with the
requirements of 40 C.F.R.
§265.1201(b)(1).	$ 5,000	NM
§265.1201(b)(2)	Failure of hazardous waste
munitions and explosives in
above-ground magazines to be
located and designed so as
to minimize the propagation
of an explosion to adjacent
units.	Matrix	NM
§265.1201(b)(3)	Failure of hazardous waste
munitions and explosives in
outdoor or open storage
areas to be located and
designed so as to minimize
the propagation of an
explosion to adjacent units.	Matrix	NM
§265.1201(c)	Failure of hazardous waste
munitions and explosives to
be stored in accordance with
an SOP specifying
procedures to ensure safety,
security, and environmental
protection.	Matrix	NM
§265.1201(d)	Failure of hazardous waste
munitions and explosives to
be packaged to ensure safety
in handling and storage.	Matrix	NM
§265.1201(e)	Failure of hazardous waste
munitions and explosives to
be inventoried at least
annually.	$ 4,500	NM
§265.1201(f)	Failure of hazardous waste
munitions and explosives and
their storage units to be
inspected and monitored to
ensure explosive safety and
to ensure that there is no
migration of contaminants
outside the unit.	$ 4,500	NM

7. The violations of N.J.A.C. 7:26G-10, Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities, whether the violation is minor or non-minor, the length of the grace period, and the civil administrative penalty amounts for each violation, are as set forth in the following table.

( 40 C.F.R. Part 266 Subpart C--Recyclable Materials Used in a

Manner Constituting Disposal)

Rule	Rule Summary	Base Penalty
or Matrix	Violation	Period
§266.23(b)	Failure of facility owner or
operator to ensure hazardous
waste or dioxin
contaminated waste is not
used for dust suppression or
road treatment.	Matrix	NM

( 40 C.F.R. Part 266 Subpart F--Recyclable Materials Utilized for

Precious Metal Recovery)

Rule	Rule Summary	Base Penalty
or Matrix	Violation	Period
§266.70(c)	Failure to maintain required
records of hazardous wastes
to be reclaimed for
precious metals content.	$ 5,000	NM

( 40 C.F.R. Part 266 Subpart H--Hazardous Waste Burned in

Boilers and Industrial Furnaces)

Rule	Rule Summary	Base Penalty
or Matrix	Violation	Period
§266.102	Failure of facility owner or
operator who is burning
hazardous wastes in boilers or
industrial furnaces to meet the
requirements of 40 C.F.R.
§266.102 and the facility permit.	Matrix	NM
§266.103	Failure of facility owner or
operator with an existing boiler
or industrial furnace who is
burning hazardous waste on an
interim basis to meet the
requirements of 40 C.F.R.
§266.103.	Matrix	NM
§266.104	Failure of facility owner or
operator who is burning hazardous
wastes in a boiler or industrial
furnace to meet the required
destruction and removal
efficiency standard.	Matrix	NM
§266.105	Failure of facility owner or
operator who is burning
hazardous wastes in a boiler or
industrial furnace to meet the
required standards for emitted
particulate matter.	Matrix	NM
§266.106	Failure of facility owner or
operator who is burning
hazardous wastes in a boiler or
industrial furnace to meet the
required standards for metal
emissions.	Matrix	NM
§266.107	Failure of facility owner or
operator who is burning
hazardous wastes in a boiler or
industrial furnace to meet the
required standards for HCl and
chlorine gas emissions.	Matrix	NM
§266.111	Failure of facility owner or
operator when transferring
hazardous wastes directly from a
vehicle to a boiler or
industrial furnace to meet the
requirements of 40 C.F.R.
§266.111.	Matrix	NM

( 40 C.F.R. Part 266 Subpart M--Military Munitions)

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§266.203(a)(2)	Failure of facility owner or
operator to notify the
Department if the military
munitions waste is not
received within 45 days of
being shipped.	Matrix	NM
§266.205(b)	Failure of facility owner or
operator to notify the
Department when a storage
unit identified in 40 C.F.R.
§266.205(a)(1)(iv) will no
longer be used to store
military munitions.	$ 3,000	M	30 days

8. The violations of N.J.A.C. 7:26G-11, Land Disposal Restrictions, whether the violation is minor or non-minor, the length of the grace period, and the civil administrative penalty amounts for each violation, are as set forth in the following table.

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§268.3(a)	Failure of generator,
transporter, or facility to
ensure that a restricted
waste is not in any way
diluted as a substitute for
treatment.	$ 5,000	NM
§268.4	Failure of facility owner or
operator utilizing a surface
impoundment for the treatment
of hazardous waste to comply
with the requirements of
40 C.F.R. § 268.4.	Matrix	NM
§268.7(a)(1)	Failure of generator to
determine if the hazardous
waste must be treated prior
to land disposal.	$ 5,000	NM
§268.7(a)(2)	Failure of generator to send
a one-time written notice
with the initial waste
shipment, or updates as
required, to the treatment
or storage facility when the
waste does not meet the
treatment standard or to
place a copy in the file.	$ 3,000	M	30 days
§268.7(a)(3)	Failure of generator to send
a one-time written notice and
certification with the
initial waste shipment, or
updates as required, to the
treatment, storage, or
disposal facility when the
waste meets the treatment
standard or to place a copy
in the file.	$ 3,000	M	30 days
§268.7(a)(4)	Failure of generator of
waste exempt from meeting
treatment standards before
being land disposed to send
a one-time written notice
with the initial waste
shipment, or updates as
required, to the land
disposal facility or to place
a copy in the file.	$ 3,000	M	30 days
§268.7(a)(5)	Failure of generator who is
managing and treating
prohibited waste to develop
and follow a written waste
analysis plan or to keep
plan on site.	$ 5,000	NM
§268.7(a)(6)	Failure of generator to
retain on site all data used
to determine if a waste is
restricted.	$ 3,000	M	30 days
§268.7(a)(7)	Failure of generator to keep
a one-time notice on site
stating that he is managing
a restricted waste that is
excluded from the definition
of hazardous or solid waste
subsequent to the point of
generation and noting the
disposition of the waste.	$ 3,000	M	30 days
§268.7(a)(8)	Failure of generator to
retain documentation required
by 40 C.F.R. § 268.7 for
3 years or longer during the
course of any unresolved
enforcement action or as
requested by the Department.	$ 4,500	NM
§268.7(a)(9)	Failure of generator using
the alternative treatment
standards for lab packs to
send a one-time written
notice and certification with
the initial waste shipment,
or updates as required, to
the treatment facility or to
place a copy in the file.	$ 3,000	M	30 days
§268.7(a)(10)	Failure of small quantity
generator with tolling
agreements to comply with
applicable notification and
certification requirements
for the initial shipment of
waste subject to the tolling
agreement or to retain
copy(s) on site.	$ 3,000	M	30 days
§268.7(b)(1)	Failure of treatment facility
to test an extract of the
treatment residues for wastes
with treatment standards
expressed in the waste
extract (TCLP) to assure that
it meets the applicable
treatment standards.	$ 5,000	NM
§268.7(b)(2)	Failure of treatment facility
to test the treatment
residues for waste with
treatment standards expressed
as concentrations in the
waste to assure that they
meet the applicable treatment
standards.	$ 5,000	NM
§268.7(b)(3)	Failure of treatment facility
to send a one-time notice
with the initial waste
shipment, or updates as
required, to the land
disposal facility or to
place a copy in the file.	$ 3,000	M	30 days
§268.7(b)(4)	Failure of treatment facility
to send a one-time
certification with the
initial waste shipment to the
land disposal facility or to
place a copy in the file.	$ 3,000	M	30 days
§268.7(b)(6)	Failure of treatment facility
to submit a notice and
certification to the
Department with each shipment
of recyclable materials used
in a manner constituting
disposal or to keep records
of each entity receiving the
waste-derived product.	$ 3,000	M	30 days
§268.7(c)(1)	Failure of land disposal
facility disposing restricted
waste to have copies of the
applicable notices and
certifications.	$ 3,000	M	30 days
§268.7(c)(2)	Failure of land disposal
facility disposing of
restricted waste to test the
waste to assure it is in
compliance with the
applicable treatment
standards.	$ 5,000	NM
§268.7(d)	Failure of generators or
treaters who first claim that
hazardous debris is excluded
from the definition of
hazardous waste to meet the
proper notification and
certification requirements.	$ 4,500	NM
§268.9(a)	Failure of generator of a
waste that displays a
hazardous characteristic to
determine the underlying
hazardous constituents in the
waste.	$ 5,000	NM
§268.9(c)	Failure of generator to
ensure a prohibited waste
exhibiting a characteristic
complies with the treatment
standards under
40 C.F.R. §§ 268, Subpart D
before being land disposed.	$ 5,000	NM
§268.9(d)	Failure of generator or
treater of a waste that once
exhibited a characteristic
but is no longer hazardous
to place a one-time
notification and
certification in its files
or to send to the Department.	$ 3,000	M	30 days

Rule	Rule Summary	Base Penalty
or Matrix	Violation	Period
§268.30	Failure to comply with land
disposal prohibitions of wood
preserving wastes.	Matrix	NM
§268.31	Failure to comply with land
disposal prohibitions of
dioxin- containing wastes.	Matrix	NM
§268.32	Failure to comply with land
disposal prohibitions of
soils exhibiting the toxicity
characteristic for metals and
containing PCBs.	Matrix	NM
§268.33	Failure to comply with land
disposal prohibitions of
chlorinated aliphatic wastes.	Matrix	NM
§268.34	Failure to comply with land
disposal prohibitions of
toxicity characteristic metal
wastes.	Matrix	NM
§268.35	Failure to comply with land
disposal prohibitions of
petroleum refining wastes.	Matrix	NM
§268.36	Failure to comply with land
disposal prohibitions of
inorganic chemical wastes.	Matrix	NM
§268.37	Failure to comply with land
disposal prohibitions of i
gnitable and corrosive
characteristic wastes whose
treatment standards were
vacated.	Matrix	NM
§268.38	Failure to comply with land
disposal prohibitions of
newly identified organic
toxicity characteristic
wastes and newly listed coke
by-product and chlorotoluene
production wastes.	Matrix	NM
§268.39	Failure to comply with land
disposal prohibitions of
spent aluminum potliners;
reactive; and carbamate
wastes.	Matrix	NM

( 40 C.F.R. Part 268 Subpart D--Treatment Standards)

Rule	Rule Summary	Base Penalty
or Matrix	Violation	Period
§268.40	Failure to meet treatment
standard requirements found
in the table in
40 C.F.R. § 268.40 before
land disposing of prohibited
waste.	Matrix	NM
§268.45	Failure to meet treatment
standards before land
disposing of hazardous
debris.	Matrix	NM
§268.48	Failure to meet treatment
standards for underlying
hazardous constituents.	Matrix	NM
§268.49	Failure to comply with
alternative LDR treatment
standards for contaminated
soil.	Matrix	NM

( 40 C.F.R. Part 268 Subpart E--Prohibitions on Storage)

Rule	Rule Summary	Base Penalty	Type of
or Matrix	Violation	Period
§268.50(a)(1)	Failure of generator to
store restricted waste solely
for the purpose of the
accumulation of such
quantities of waste as
necessary to facilitate
proper recovery, treatment,
or disposal.	$ 4,500	NM
§268.50(a)(2)	Failure of facility owner or
operator to store restricted
waste solely for the purpose
of the accumulation of such
quantities of waste as
necessary to facilitate
proper recovery, treatment,
or disposal or to clearly
mark each container or tank.	$ 4,500	NM
§268.50(a)(2)i-ii	Failure of facility owner or
operator storing restricted
waste solely for the purpose
of the accumulation of such
quantities of waste as
necessary to facilitate
proper recovery, treatment,
or disposal to include the
accumulation start date on
each container or tank.	$ 3,000	M	30 days
§268.50(a)(3)	Transporter stored restricted
waste at a transfer facility
for greater than 10 days.	$ 4,500	NM
§268.50(f)	Failure of owner or
operator of a treatment
facility to treat or dispose
of liquid hazardous waste
containing PCBs at
concentrations equal to or
greater than 50 ppm within
one year of the date the
wastes were placed in
storage.	$ 4,500	NM

9. The violations of N.J.A.C. 7:26G-12, Hazardous Waste Permit Program, whether the violation is minor or non-minor, the length of the grace period, and the civil administrative penalty amounts for each violation, are as set forth in the following table.

( 40 C.F.R. Part 270 Subpart B--Permit Application)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 270.10	Constructed, installed, modified,	Matrix	NM
(e)-(f)	or operated hazardous waste
facility without submitting Part A
or Part B of permit application.

( 40 C.F.R. Part 270 Subpart C--Permit Conditions)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 270.30	Failure of permittee to comply	Matrix	NM
(a)	with all conditions of permit.
§ 270.30	Failure of permittee to apply for	Matrix	NM
(b)	a new hazardous waste permit
following expiration of initial
permit.
§ 270.30	Failure of permittee to take all	Matrix	NM
(d)	reasonable steps to minimize or
correct any adverse impact on the
environment resulting from
noncompliance with permit.
§ 270.30	Failure of permittee to properly	Matrix	NM
(e)	operate and maintain systems of
treatment and control used to
achieve compliance with
conditions of permit.
§ 270.30	Failure of permittee to furnish to	$ 4,500	NM
(h)	the Department within a
reasonable time any information
that the Department may request
or copies of records required to
be kept by permit.
§ 270.30	Failure of permittee to allow an	$ 25,000	NM
(i)	authorized representative of the
Department to enter facility, have
access to and copy any records,
inspect facilities, equipment etc.,
and sample or monitor any
substances or parameters that are
required by permit.
§ 270.30	Failure of permittee to take	$ 5,000	NM
(j)(1)	samples and measurements that
are representative of the
monitored activity.
§ 270.30	Failure of permittee to retain	$ 4,500	NM
(j)(2)	records of required information
regarding monitoring sampling and
measurements.
§ 270.30	Failure of permittee to record	$ 4,500	NM
(j)(3)	specific monitoring data.
§ 270.30	Failure of permittee to sign and	$ 3,000	M	30
(k)	certify all applications, reports,	days
or information submitted to
Department.
§ 270.30	Failure of permittee to give	$ 3,000	M	30
(l)(1)	notice to Department as soon as	days
possible of any planned physical
alterations or additions to
permitted facility.
§ 270.30	Failure of permittee to give	$ 5,000	NM
(l)(2)	advance notice to the Department
of any planned changes in the
permitted facility or activity
which may result in noncompliance
with permit requirements.
§ 270.30	Failure of permittee to report	$ 3,000	M	30
(l)(4)	monitoring results at intervals	days
specified in permit.
§ 270.30	Failure of permittee to submit	$ 3,000	M	30
(l)(5)	compliance reports on interim or	days
final requirements in any
compliance schedule within 14
days after schedule date.
§ 270.30	Failure of permittee to report,	Matrix	NM
(l)(6)(i)	orally within 24 hours,
(A)	information concerning release of
any hazardous waste that may
cause an endangerment to public
drinking water supplies.
§ 270.30	Failure of permittee to report,	Matrix	NM
(l)(6)(i)	orally within 24 hours,
(B)	information concerning a release
or discharge of hazardous waste,
or of a fire or explosion from a
hazardous waste facility which
could threaten the environment or
human health outside the
facility.
§ 270.30	Failure of permittee to report any	Matrix	NM
(l)(6)	noncompliance which may endanger
(iii)	health or the environment in
writing within five days.
§ 270.30	Failure of permittee to report all	$ 4,500	NM
(l)(10)	instances of noncompliance not
reported under 40 C.F.R. § 270.
30(l)(4), (5), and (6) at time
monitoring reports submitted.
§ 270.30	Failure of permittee to submit	$ 5,000	NM
(l)(11)	relevant facts and correct
information when the permittee
becomes aware that it failed to
submit such facts or information
in permit application.

( 40 C.F.R. Part 270 Subpart D--Changes to Permits)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 270.40	Failure of permittee to obtain	Matrix	NM
(b)	written approval in advance of
any proposed change of ownership
or operational control.

( 40 C.F.R. Part 270 Subpart G--Interim Status)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 270.71	Owner or operator of an interim	$ 10,000	NM
(a)(1)	status facility treated, stored,
or disposed of hazardous waste
types not specified in Part A
application.
§ 270.71	Owner or operator of an interim	$ 10,000	NM
(a)(2)	status facility employed
processes not specified in Part A
application.
§ 270.71	Owner or operator of an interim	$ 10,000	NM
(a)(3)	status facility exceeded design
capacities or operational limits
specified in Part A application.
§ 270.72	Interim status facility owner or	$ 5,000	NM
(b)	operator made changes to
facility, which amounted to
reconstruction of facility.

10. The violations of N.J.A.C. 7:26G-7.3(a)1, incorporating the Hazardous Materials Transportation Regulations ( 49 C.F.R. Parts 130, 171 through 180) by reference, and of N.J.A.C. 7:26G-7.3(a)2, incorporating the Motor Carrier Safety Regulations ( 49 C.F.R. Parts 390 through 397) by reference, whether the violation is minor or non-minor, the length of the grace period, and the civil administrative penalty amounts for each violation, are as set forth in the following table.

( 49 C.F.R. Part 130)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 130.11	Person offered oil for	$ 4,500	NM
(a)	transportation without a document
that indicated the shipment
contained oil.
§ 130.11	Person transported oil without a	Matrix	NM
(b)	readily available document
indicating that the shipment
contained oil.
§ 130.21	Person used a package that allowed	Matrix	NM
a release of oil.
§ 130.31	Carrier transported oil without a	Matrix	NM
(a)	current basic discharge plan.
§ 130.33	Failure of carrier to implement a	Matrix	NM
response plan.

( 49 C.F.R. Part 171)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 171.2(a)	Failure of a person offering or	$ 4,500	NM
accepting a hazardous material to
be registered with the Federal DOT
or offering or accepting an
improperly prepared package.
§ 171.2(b)	Failure of person transporting a	$ 4,500	NM
hazardous material to be
registered with the Federal DOT or
to properly handle or transport
hazardous materials.
§ 171.2	Person represented that a	$ 5,000	NM
(f)(1)	container or package for
transportation meets requirements
of 49 C.F.R. when it did not.
§ 171.2	Person represented that a	$ 3,000	M	30
(f)(2)	hazardous material was present in	days
a package, container, or motor
vehicle when it was not.
§ 171.2	Person tampered with a marking,	$ 4,500	NM
(g)(1)	label, placard, or description on
a document.
§ 171.2	Person tampered with a package,	$ 4,500	NM
(g)(2)	container, or motor vehicle used
for hazardous materials
transportation.
§ 171.3	Failure of carrier to mark motor	$ 3,000	M	30
(b)(1)	vehicle used to transport	days
hazardous waste (for which a
manifest is required) in
accordance with 49 C.F.R. §§ 390.
21 or 1058.2.
§ 171.15	Failure of carrier to give	Matrix	NM
immediate notice of an incident
by telephone to Federal DOT.
§ 171.16(a)	Failure of carrier to submit a	Matrix	NM
written report to Federal DOT
within 30 days of discovery of an
incident.
§ 171.16(b)	Failure of carrier to retain a	$ 3,000	M	30
copy of an incident report at its	days
principal place of business for
two years.

( 49 C.F.R. Part 172 Subpart C--Shipping Papers)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 172.200	Failure of shipper to describe the	$ 4,500	NM
(a)	hazardous material on a shipping
paper.
§ 172.201	Failure of shipper to use a proper	$ 3,000	M	30
(a)(1)-(4)	description on a shipping paper.	days
§ 172.201	Failure of shipper using	$ 3,000	M	30
(c)	continuation page(s) to be	days
consecutively numbered or the
first page to contain a notation
specifying the total number of
pages.
§ 172.202	Failure of shipper to include as	$ 3,000	M	30
(a)(1)-(5)	part of the shipping description	days
the proper shipping name, hazard
class or division, ID number,
packing group, and total quantity.
§ 172.202	Failure of shipper to show	$ 3,000	M	30
(b)	shipping description in the	days
proper sequence with no
additional information
interspersed.
§ 172.202	Failure of shipper to list the	$ 3,000	M	30
(c)	total quantity before or after,	days
or both before and after, the
basic description.
§ 172.202	Shipper offered or carrier	$ 3,000	M	30
(e)	transported a material that is	days
not a hazardous material with a
hazard class or ID number in the
shipping description.
§ 172.203	Failure of shipper to enter	$ 3,000	M	30
(a)	"DOT-E" followed by exemption	days
number on the shipping paper.
§ 172.203	Failure of shipper to enter the	$ 3,000	M	30
(c)(1)	name of the hazardous substance	days
or hazardous waste code in the
shipping description when the
proper shipping name does not
identify the hazardous substance
by name.
§ 172.203	Failure of shipper to enter the	$ 3,000	M	30
(c)(2)	letters "RQ" on the shipping	days
paper.
§ 172.203	Failure of shipper to enter the	$ 3,000	M	30
(k)	technical names of the hazardous	days
material in the shipping
description for n.o.s. or other
generic descriptions.
§ 172.203	Failure of shipper to enter the	$ 3,000	M	30
(l)	name of the component which makes	days
a material a marine pollutant in
the shipping description when
not identified or to enter the
words "Marine Pollutant."
§ 172.203	Failure of shipper to enter the	$ 3,000	M	30
(m)	proper information in the	days
shipping description for poisonous
materials.
§ 172.205	Failure of carrier to properly	$ 5,000	NM
(a)	prepare a hazardous waste
manifest.

( 49 C.F.R. Part 172 Subpart D--Marking)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 172.300	Failure of shipper to properly	$ 4,500	NM
(a)	mark each package, freight
container, or transport vehicle.
§ 172.300	Failure of carrier to properly	$ 4,500	NM
(b)	mark each package, freight
container, or transport vehicle.
§ 172.301	Failure of shipper to mark	$ 4,500	NM
(a)(1)	non-bulk packaging with the
proper shipping name and ID
number.
§ 172.301	Failure of shipper of a single	$ 4,500	NM
(a)(3)	hazardous material in non-bulk
packages in a transport vehicle or
freight container to mark each
side and end with the ID number
and each individual package with
the same proper shipping name and
ID number.
§ 172.301	Failure of shipper to mark	$ 3,000	M	30
(b)	non-bulk packaging subject to 49	days
C.F.R. § 172.203(k) with the
technical name of the hazardous
material.
§ 172.301	Failure of shipper to mark the	$ 3,000	M	30
(c)	outside of a non-bulk package,	days
authorized by an exemption, with
"DOT-E" followed by exemption
number.
§ 172.302	Failure of shipper or carrier to	$ 4,500	NM
(a)	properly mark bulk packaging
with the ID number.
§ 172.302	Failure of shipper or carrier to	$ 4,500	NM
(b)	display markings of proper size
on bulk packagings.
§§172.302	Failure of shipper or carrier to	$ 4,500	NM
(c)	mark the outside of a bulk
package, authorized by an
exemption, with "DOT-E" followed
by exemption number.
§ 172.302	Failure of shipper or carrier to	$ 4,500	NM
(d)	maintain marking on bulk
packaging when emptied.
§ 172.302	Failure of shipper or carrier to	Matrix	NM
(g)	comply with fumigation marking
requirements.
§ 172.303	Shipper offered or carrier	$ 5,000	NM
(a)	transported a package that did
not contain the hazardous
material marked on the package.
§ 172.304	Failure of shipper or carrier to	$ 3,000	M	1 hour
(a)(1)-	meet the marking requirements.
(4)
§ 172.308	Failure of shipper or carrier to	$ 3,000	M	30
(a)	use only authorized abbreviations.	days
§ 172.312	Failure of shipper of non-bulk	$ 4,500	NM
(a)	combination package with inner
packagings containing liquid
hazardous material to pack with
closures upward and with package
orientation markings.
§ 172.312	Shipper displayed arrows for	$ 3,000	M	1 hour
(b)	purposes other than to indicate
proper package orientation on a
non-bulk package containing
liquid hazardous material.
§ 172.313	Failure of shipper or carrier to	$ 4,500	NM
(a)	mark packaging containing a
material poisonous by inhalation
with "Inhalation Hazard"
(marking must be on two opposing
sides of a bulk packaging).
§ 172.313	Failure of shipper or carrier to	$ 3,000	M	30
(b)	permanently mark non-bulk plastic	days
outer packaging used as a single
or composite packaging for
Division 6.1 materials with
"POISON" in letters at least 6.3
mm high.
§ 172.313	Failure of shipper or carrier of a	$ 4,500	NM
(c)	material poisonous by inhalation
in non-bulk packages in a
transport vehicle or freight
container to mark each side and
end with the ID number and each
individual package with the same
proper shipping name and ID
number.
§ 172.316	Failure of shipper or carrier to	$ 3,000	M	30
(a)	mark non-bulk packaging with the	days
ORM-D designation on at least one
side or end within a rectangle
that is 6.3mm larger on each side
than the designation.
§ 172.322	Failure of shipper or carrier to	$ 4,500	NM
(b)(1)-(2)	properly mark bulk packaging
with the MARINE POLLUTANT mark.
§ 172.322	Failure of shipper or carrier to	$ 4,500	NM
(c)	properly mark a transport vehicle
or freight container used to
transport a package containing a
marine pollutant with the MARINE
POLLUTANT mark.
§ 172.322	Failure of shipper or carrier to	$ 4,500	NM
(e)	use the proper MARINE POLLUTANT
mark.
§ 172.	Failure of shipper or carrier to	$ 4,500	NM
323(a)-(d)	comply with marking requirements
for bulk regulated medical waste.
§ 172.324	Failure of shipper to mark	$ 3,000	M	1 hour
(a)	non-bulk packaging with the name
of the hazardous substance or
hazardous waste code when not
identified by name.
§ 172.324	Failure of shipper to mark the	$ 3,000	M	1 hour
(b)	letters "RQ" on a non-bulk
package containing a hazardous
substance.
§ 172.326	Failure of shipper or carrier to	$ 4,500	NM
(a)	mark a portable tank on two
opposing sides with the proper
shipping name.
§ 172.326	Failure of shipper or carrier to	$ 3,000	M	1 hour
(b)	display the name of the owner or
lessee on a portable tank.
§ 172.326	Failure of shipper or carrier to	$ 4,500	NM
(c)(1)	mark a transport vehicle or
freight container used to
transport a portable tank with ID
number if not visible on portable
tank.
§ 172.326	Failure of shipper of a portable	$ 4,500	NM
(c)(2)	tank in a transport vehicle or
freight container to provide ID
number markings to motor carrier
if not visible on portable tank.
§ 172.328	Failure of shipper or carrier to	$ 4,500	NM
(a)(1)-(3)	provide, affix, or mark the ID
number on a cargo tank or on the
transport vehicle or freight
container if not visible on cargo
tank.
§ 172.331	Failure of shipper or carrier to	$ 4,500	NM
(a)-(c)	provide, affix, or mark the ID
number on bulk packaging other
than portable tanks or cargo
tanks or on the transport vehicle
or freight container if not
visible on bulk packaging.
§ 172.332	Failure of shipper or carrier to	$ 4,500	NM
(c)-(d)	properly display ID number on
placard.
§ 172.334	Person displayed an ID number in a	$ 4,500	NM
(a)-(g)	prohibited manner.
§ 172.336	Failure of shipper or carrier,	$ 4,500	NM
(a)	displaying ID numbers on
transport vehicle or freight
container that are not required
or prohibited, to display proper
ID numbers.
§ 172.336	Failure of shipper or carrier to	$ 4,500	NM
336(b)	properly display ID number on
orange panels and/or plain white
square-on-point configuration.
§ 172.338	Failure of carrier to replace	$ 3,000	M	30
missing or damaged ID number as	days
soon as practical or to properly
enter ID number when done by
hand.

( 49 C.F.R. Part 172 Subpart E--Labeling)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 172.400	Failure of shipper or carrier to	$ 4,500	NM
(a)-(b)	properly label packages or
containment devices.
§ 172.401	Shipper or carrier labeled a	$ 4,500	NM
(a)	package that did not contain a
hazardous material or without
representing the hazard of the
material.
§ 172.401	Shipper or carrier marked or	$ 3,000	M	1 hour
(b)	labeled a package that could be
confused with or conflicts with a
label prescribed by 49 C.F.R.
§ 172.
§ 172.402	Failure of shipper or carrier to	$ 4,500	NM
(a)(1)-(2)	label packages with primary and
subsidiary hazard labels.
§ 172.402	Failure of shipper or carrier to	$ 3,000	M	30
(b)	display the hazard class or	days
division number in lower corner of
primary label.
§ 172.404	Failure of shipper or carrier to	$ 4,500	NM
(a)	use label for each hazard class
when hazardous materials having
different classes are packed
within the same packaging.
§ 172.404	Failure of shipper or carrier to	$ 4,500	NM
(b)	use label for each hazard class
when two or more packages
containing compatible hazardous
material are placed within the
same outside container or
overpack.
§ 172.406	Failure of shipper or carrier to	$ 4,500	NM
(a)(1)-(2)	place label in the proper
location on the package or
containment device.
§ 172.406	Failure of shipper or carrier to	$ 3,000	M	30
(c)	place primary and subsidiary	days
hazard labels within six inches of
one another.
§ 172.406	Failure of shipper or carrier to	$ 3,000	M	30
(d)	place label on a background of	days
contrasting color or have a dotted
or solid line outer border.
§ 172.406	Failure of shipper or carrier to	$ 3,000	M	30
(e)	place duplicate labels on at	days
least two sides.
§ 172.406	Failure of label to be clearly	$ 3,000	M	30
(f)	visible and not obscured by	days
markings or attachments.
§ 172.407	Failure of shipper or carrier to	$ 3,000	M	30
(a)	use a durable and weather	days
resistant label.
§ 172.407	Failure of shipper or carrier to	$ 4,500	NM
(b)	use a label design as shown in
49 C.F.R. §§ 172.411 through 172.
448.
§ 172.407	Failure of shipper or carrier to	$ 4,500	NM
(c)(1)-(5)	use a label, or numerals or text
on a label, of proper size.
§ 172.407	Failure of shipper or carrier to	$ 4,500	NM
(d)(1)-(5)	use the proper colors on a label.

( 49 C.F.R. Part 172 Subpart F--Placarding)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 172.502	Shipper or carrier displayed	$ 4,500	NM
(a)(1)-(2)	prohibited placarding.
§ 172.502	Failure of shipper or carrier,	$ 4,500	NM
(c)	displaying placards that are not
required, to display proper
placards.
§ 172.504	Failure of shipper or carrier to	$ 4,500	NM
(a)	display proper placards.
§ 172.504	Failure of shipper or carrier to	$ 4,500	NM
(b)	use the DANGEROUS placard
properly.
§ 172.505	Failure of shipper or carrier to	$ 4,500	NM
(a)	display POISON INHALATION HAZARD
or POISON GAS placard, in addition
to other placards required.
§ 172.505	Failure of shipper or carrier to	$ 4,500	NM
(c)	display DANGEROUS WHEN WET
placard, in addition to other
placards required.
§ 172.506	Failure of shipper to provide	$ 4,500	NM
(a)	motor carrier with the required
placards prior to or at the same
time the material is offered for
transportation.
§ 172.506	Carrier transported hazardous	$ 4,500	NM
(a)(1)	material without proper
placarding.
§ 172.512	Failure of shipper or carrier to	$ 4,500	NM
(a)	affix the required placards to a
freight container having a
capacity of 640 cu. ft.
§ 172.514	Failure of shipper to affix the	$ 4,500	NM
(a)	required placards to a bulk
packaging.
§ 172.514	Failure of shipper or carrier to	$ 4,500	NM
(b)	maintain placarding on bulk
packaging when emptied.
§ 172.516	Failure of placard to be readily	$ 3,000	M	1 hour
(a)	visible from the direction it
faces.
§ 172.516	Failure of shipper or carrier to	$ 3,000	M	1 hour
(c)(1)-(6)	meet the placard visibility and
display requirements.
§ 172.516	Failure of shipper or carrier to	$ 3,000	M	1 hour
ensure that placard holder does
not obscure placard surface other
than the borders.
§ 172.519	Failure of shipper or carrier to	$ 3,000	M	30
(a)(1)-(3)	meet the placard strength and	days
durability requirements.
§ 172.519	Failure of shipper or carrier to	$ 4,500	NM
(b)	use a placard design as shown in
49 C.F.R. §§ 172.521 through 172.
560.
§ 172.519	Failure of shipper or carrier to	$ 4,500	NM
(c)(1)-(3)	use a placard, or numerals or
text on a placard, of proper size.
§ 172.519	Failure of shipper or carrier to	$ 4,500	NM
(d)(1)-(4)	use the proper colors on a
(4)	placard.

( 49 C.F.R. Part 172 Subpart G--Emergency Response Information)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 172.600	Failure of shipper or carrier to	$ 4,500	NM
(c)	have emergency response
information immediately available.
§ 172.602	Failure of emergency response	$ 4,500	NM
(a)(1)-(7)	information to contain all
required information.
§ 172.602	Failure of emergency response	$ 3,000	M	30
(b)	information to be printed legibly	days
in English, available for use
away from the package, or
presented on a shipping paper.
§ 172.602	Failure of carrier to properly	$ 4,500	NM
(c)(1)	maintain emergency response
information.
§ 172.602	Failure of facility operator to	$ 4,500	NM
(c)(2)	properly maintain emergency
response information.
§ 172.604	Failure of shipper to provide a	$ 4,500	NM
(a)	24-hour emergency response
telephone number.
§ 172.604	Failure of shipper to ensure	$ 4,500	NM
(a)(1)	emergency response telephone
number is monitored at all times
the hazardous material is in
transportation.
§ 172.604	Failure of shipper to ensure	$ 4,500	NM
(a)(2)	emergency response telephone
number is the number of a person
who is either knowledgeable of
the hazardous material or has
immediate access to a person who
possesses such knowledge.
§ 172.604	Failure of shipper to enter the	$ 3,000	M	1 hour
(a)(3)	emergency response telephone
number on the shipping paper as
required.
§ 172.604	Failure of emergency response	$ 4,500	NM
(b)	telephone number to be that of
the person offering the hazardous
material for transportation or
of an agency accepting
responsibility that has received
current information on the
material.
§ 172.606	Failure of carrier to instruct the	$ 4,500	NM
(a)	driver to contact the carrier in
the event of an incident.
§ 172.606	Failure of carrier transporting by	$ 4,500	NM
(b)(1)	highway to mark transport
vehicle with its telephone number
when parked at a separate
location from its motive power.
§ 172.606	Failure of carrier transporting by	$ 4,500	NM
(b)(2)	highway to have the shipping
paper and emergency response
information available on the
transport vehicle when parked at a
separate location from its
motive power.

( 49 C.F.R. Part 172 Subpart H--Training)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 172.702	Failure of hazmat employer to	$ 4,500	NM
(a)	train each of its hazmat
employees.
§ 172.702	Failure of hazmat employer to	$ 4,500	NM
(b)	provide training that applies to
a particular function before
being performed by a hazmat
employee.
§ 172.702	Failure of hazmat employer to test	$ 3,000	M	30
(d)	each of its hazmat employees by	days
appropriate means on the training
subjects.
§ 172.704	Failure of hazmat employee	$ 4,500	NM
(a)(1)	training to include general
awareness/familiarization training.
§ 172.704	Failure of hazmat employee	$ 4,500	NM
(a)(2)	training to include function-
specific training.
§ 172.704	Failure of hazmat employee	$ 4,500	NM
(a)(3)	training to include safety
training.
§ 172.704	Failure of new hazmat employee, or	$ 4,500	NM
(c)(1)	a hazmat employee who changes
job functions, to receive initial
training.
§ 172.704	Failure of hazmat employee to	$ 4,500	NM
(c)(2)	receive the required training at
least once every three years.
§ 172.704	Failure of hazmat employer to	$ 3,000	M	30
(d)(1)-(4)	create and retain a record of	days
current training, inclusive of the
preceding three years, for 90
days after an employee is no
longer employed by that employer
as a hazmat employee.

( 49 C.F.R. Part 173 Subpart A--General)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 173.2a(a)	Failure of shipper to class	$ 4,500	NM
material according to the highest
applicable hazard class.
§ 173.3	Failure of shipper to properly use	$ 4,500	NM
(c)(1)-(7)	a salvage drum for packages of
hazardous materials that are
damaged, defective, or found
leaking.
§ 173.12	Failure of shipper to comply with	$ 4,500	NM
(b)(1)-(3)	packaging requirements for lab
packs.
§ 173.12	Failure of shipper to properly	$ 4,500	NM
(c)(1)-(5)	reuse a packaging for the
shipment of hazardous waste.
§ 173.13	Failure of shipper of liquid	$ 4,500	NM
(c)(1)	hazardous material excepted from
labeling and placarding
requirements to comply with
packaging requirements.
§ 173.713	Failure of shipper of solid	$ 4,500	NM
(c)(2)	hazardous material excepted from
labeling and placarding
requirements to comply with
packaging requirements.
§ 173.713	Failure of shipper to mark package	$ 3,000	M	1 hour
(d)	of hazardous material excepted
from labeling and placarding
requirements with the statement:
"This package conforms to 49 C.F.R.
173.13."

( 49 C.F.R. Part 173 Subpart B--Preparation of Hazardous Material for Transportation)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 173.21	Person offered for transportation	Matrix	NM
(a)-(k)	or transported forbidden
materials or packages.
§ 173.22	Failure of shipper to use a proper	Matrix	NM
(a)(1)-(4)	packaging or container.
§ 173.22a	Failure of shipper using a	$ 3,000	M	30
(a)	packaging authorized under an	days
exemption to be the holder of or a
party to the exemption.
§ 173.22a	Failure of shipper to maintain a	$ 3,000	M	30
(b)	copy of the exemption at each	days
facility where the packaging is
being used in connection with
the shipment or transportation of
the hazardous material.
§ 173.22a	Failure of shipper to furnish a	$ 4,500	NM
(c)	copy of the exemption to the
carrier when it contains
requirements that apply to the
carrier.
§ 173.24	Failure of shipper or carrier to	$ 4,500	NM
(b)(1)-(3)	meet the general requirements for
packages.
§ 173.24	Failure of shipper to ensure that	$ 5,000	NM
(e)(1)-(5)	the packaging is compatible with
its contents.
§ 173.24	Failure of shipper or carrier to	$ 4,500	NM
(f)(1)-(2)	use properly designed closures
on packagings.
§ 173.24	Failure of shipper or carrier to	$ 4,500	NM
(h)(1)	leave sufficient outage when
filling packages with liquids.
§ 173.24a	Failure of shipper of non-bulk	$ 4,500	NM
(a)(1)-(5)	packagings and packages to meet
design requirements.
§ 173.24a	Failure of shipper or carrier to	$ 4,500	NM
(b)(5)	ensure that no hazardous material
remains on the outside of a
non-bulk package after filling.
§ 173.24a	Failure of shipper to limit the	$ 4,500	NM
(d)	amount of material placed into a
receptacle.
§ 173.24b	Failure of shipper or carrier to	$ 4,500	NM
(a)	load liquids in bulk packagings
so that the outage is at least
five percent for materials
poisonous by inhalation, or at
least one percent for all other
materials, of the total capacity.
§ 173.24b	Failure of shipper or carrier to	$ 4,500	NM
(d)(2)	limit the weight of lading loaded
into a bulk package.
§ 173.25	Failure of shipper to use a	$ 4,500	NM
(a)(1)-(5)	properly prepared overpack.
§ 173.28	Failure of shipper to inspect	$ 4,500	NM
(a)	packaging or receptacle before
reusing to ensure it conforms to
the requirements of 49 C.F.R.
§§171 through 180.
§ 173.28	Failure of shipper to properly	$ 4,500	NM
(b)(1)-(7)	reuse a non-bulk packaging.
§ 173.28	Shipper reused a package marked as	$ 4,500	NM
(e)	NRC for material required to be
shipped in a DOT specification or
UN standard packaging.
§ 173.28	Failure of shipper to comply with	$ 4,500	NM
(f)	disinfecting requirements.
§ 173.29	Failure to offer for	$ 4,500	NM
(a)	transportation or transport empty
packaging containing residue of a
hazardous material in the same
manner as when it previously
contained a greater quantity.
§ 173.32	Failure of shipper or carrier to	$ 4,500	NM
(a)(1)-(3)	use a portable tank that meets
the requirements of this
subchapter.
§ 173.32	Failure to use an authorized	$ 4,500	NM
(b)(1)-(3)	portable tank when using
substitute packagings.
§ 173.32	Failure to comply with grandfather	$ 4,500	NM
(c)(1)-(5)	provisions for portable tanks.
5)
§ 173.32	Failure of shipper, prior to	$ 4,500	NM
(d)	filling and offering a portable
tank for transportation, to
ensure that the portable tank
conforms to the authorized
specifications and meets the
applicable requirements in this
subchapter for the hazardous
material.
§ 173.32	Failure to perform an external	$ 4,500	NM
(e)(1)-(5)	inspection and make any necessary
corrections prior to filling a
portable tank.
§ 173.32	Failure to comply with loading	$ 4,500	NM
(f)(1)-(9)	requirements for portable tanks.
§ 173.32	Failure to ensure that a portable	$ 3,000	M	24
(g)(1)	tank, loaded on to a highway or	hours
rail transport vehicle, is loaded
within the horizontal outline
thereof without overhang or
projection of any part of the
tank assembly.
§ 173.32	Failure to ensure that an IM or UN	$ 4,500	NM
32(g)(2)	portable tank, used for the
transportation of flammable
liquids by rail, is not fitted
with non-reclosing pressure
relief devices except in series
with pressure relief valves.
§ 173.33	Failure of shipper or carrier to	$ 4,500	NM
(a)(1)-(3)	use an authorized cargo tank
motor vehicle.
§ 173.33	Failure of shipper or carrier to	$ 4,500	NM
(b)(1)-(4)	meet cargo tank loading
requirements.
§ 173.33	Failure of carrier to drain piping	$ 4,500	NM
(e)	on DOT specification cargo tanks
of any material that is a Division
6.1 material, oxidizer liquid,
liquid organic peroxide, or
corrosive liquid (skin only)
prior to transporting.
§ 173.35	Failure of shipper or carrier to	$ 4,500	NM
(a)	use an authorized intermediate
bulk container.
§ 173.35	Failure of shipper to visually	$ 3,000	M	30
(b)	inspect each intermediate bulk	days
container and its service
equipment before filling.
§ 173.35	Failure of shipper or carrier	$ 4,500	NM
(d)	filling intermediate bulk
container with liquids to ensure
that it is not filled to more
than 98 percent of its water
capacity.
§ 173.35	Failure of carrier to ensure that	$ 4,500	NM
(f)(1)	no hazardous material remains on
the outside of the intermediate
bulk container during
transportation.
§ 173.35	Failure of carrier to ensure that	$ 4,500	NM
(f)(2)	each intermediate bulk container
is securely fastened or contained
within the transport unit during
transportation.
§ 173.35	Failure of shipper or carrier to	$ 4,500	NM
(g)	ensure that each intermediate
bulk container of solids is
capable of containing the
substance in the liquid state.
§ 173.35	Failure of shipper to use only	$ 4,500	NM
(h)(1)-(2)	metal, rigid plastic, or
composite intermediate bulk
containers for liquid hazardous
material.
§ 173.35	Shipper or carrier filled an	$ 4,500	NM
(j)	intermediate bulk container with
a Packing Group I liquid or
exceeded the capacity for a
Packing Group I solid.
§ 173.35	Failure of shipper or carrier to	$ 4,500	NM
(k)	take measures to prevent an
electrostatic discharge during
loading and unloading of liquids
with a flashpoint of 141 degrees
Fahrenheit or lower, or powders
with the potential for dust
explosion, in intermediate bulk
containers.
§ 173.35	Failure of shipper or carrier to	$ 4,500	NM
(l)(1)-(4)	comply with the intermediate bulk
container filling limits.

( 49 C.F.R. Part 173 Subpart E--Non-Bulk Packaging for Hazardous Materials Other Than Class 1 and Class 7)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 173.197	Failure of shipper to meet the	$ 4,500	NM
(a)-(e)	packaging requirements for
regulated medical waste.
§ 173.216	Failure of shipper or carrier to	$ 4,500	NM
(c)(1-4)	meet the general packaging
requirements for asbestos.

( 49 C.F.R. Part 177 Subpart A--General Information and Regulations)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 177.800	Failure of carrier or connecting	$ 4,500	NM
(b)	carrier to perform duties, comply
with requirements of 49 C.F.R.
§ 177, or ensure its hazmat
employees receive training in
relation thereto.
§ 177.800	Failure of carrier to train its	$ 4,500	NM
(c)	hazmat employees involved in
transportation of hazardous
material as required by § 49 C.F.
R. § 177 and subpart H of 49 C.F.
R. § 172.
§ 177.800	Carrier caused an unnecessary	$ 4,500	NM
(d)	delay in the shipment of
hazardous materials.
§ 177.801	Carrier transported a forbidden	Matrix	NM
material or hazardous material
that was not prepared in
accordance with 49 C.F.R.
§§171 through 180.
§ 177.804	Failure of carrier to comply with	$ 3,000	M
the Federal Motor Carrier Safety
regulations.
§ 177.816	Failure of carrier to train driver	$ 4,500	NM
(a)	in the requirements of 49 C.F.R.
§§390 through 397.
§ 177.816	Person operated a cargo tank or	$ 4,500	NM
(b)	vehicle with portable tank
without receiving training or
without having the appropriate
State-issued commercial driver's
license.
§ 177.816	Failure of required training to	$ 3,000	M	30
(d)	conform to the frequency and	days
recordkeeping requirements of 49 C.
F.R. § 172.704.
§ 177.817	Failure of carrier to transport a	$ 4,500	NM
(a)	hazardous material accompanied by
a properly prepared shipping paper.
§ 177.817	Carrier accepted hazardous	$ 3,000	M	30
(b)	material for transportation with	days
shipping papers that did not
include the required shipper's
certification.
§ 177.817	Failure of carrier to comply with	$ 3,000	M	30
(c)	interlining requirements.	days
§ 177.817	Failure of carrier to ensure that	$ 4,500	NM
(e)	the shipping papers required by
49 C.F.R. § 177.817 are available
and recognizable by authorities.
§ 177.823	Failure of carrier to mark or	$ 4,500	NM
(a)	placard a vehicle transporting
hazardous material.
§ 177.823	Failure of carrier to remove a	Matrix	NM
(b)	leaking vehicle from the traveled
portion of the highway or employ
every available means for safe
disposal of the leaking material.
§ 177.823	Carrier transported a leaking	Matrix	NM
(c)	cargo tank more than a minimum
distance necessary to reach a site
for safe disposal of the
contents.

( 49 C.F.R. Part 177 Subpart B--Loading and Unloading)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 177.834	Failure of carrier to secure	$ 4,500	NM
(a)	packages containing Class 3, 2, 8,
6.1 or 7 material against
movement in a motor vehicle,
under conditions normally
incident to transportation.
§ 177.834	Person smoking on or about motor	Matrix	NM
(c)	vehicle while loading or
unloading Class 1, 3, 4, 5 or
Division 2.1.
§ 177.834	Failure to keep fire away or	Matrix	NM
(d)	persons from smoking when loading
or unloading a Class 1, 3, 4, 5 or
Division 2.1 material from a
motor vehicle.
§ 177.834	Failure to securely set the	$ 4,500	NM
(e)	handbrake and prevent motion of
the motor vehicle during loading
or unloading of hazardous
material.
§ 177.834	Person used tools that are likely	$ 4,500	NM
(f)	to damage the effectiveness of
the closure and adversely affect
packages or containers during
the loading or unloading of Class
1 material or other dangerous
articles.
§ 177.834	Failure of carrier to prevent	$ 4,500	NM
(g)	motion of Class 1, 3, 4, 5, 8, 2
and Division 6.1 containers by
bracing to prevent motion thereof
relative to the vehicle while in
transit.
§ 177.834	Person tampered with hazardous	Matrix	NM
(h)	material containers or discharged
the contents of such containers.
§ 177.834	Cargo tank was not attended by a	$ 4,500	NM
(i)	qualified person while it was
being loaded.
§ 177.834	Carrier permitted or person drove	Matrix	NM
(j)	cargo tank containing hazardous
material without securely closing
the manholes, valves and other
closures.
§ 177.837	Person loaded or unloaded a Class	$ 4,500	NM
(a)	3 material into or from a cargo
tank motor vehicle while the
engine was running.
§ 177.837	Failure of carrier to provide	$ 4,500	NM
(b)	metallic bonds or ground
conductors for containers which
are not in metallic contact with
each other for the neutralization
of static charges prior to and
during transfers of Class 3
materials.
§ 177.837	Failure of carrier to bond and	$ 4,500	NM
(c)	ground cargo tanks before and
during transfer of lading when a
cargo tank is loaded through an
open filling hole.
§ 177.837	Failure of carrier to comply with	$ 4,500	NM
(d)	unloading requirements.
§ 177.838	Failure of carrier to entirely	$ 4,500	NM
(a)	contain Class 4 and 5 materials
within the body of the motor
vehicle or to cover by tarpaulins
or other suitable means.
§ 177.838	Failure of carrier to keep Class 4	$ 4,500	NM
(b)	and 5 materials dry which are
likely to become hazardous when
wet when loading a motor vehicle
and during transportation.
§ 177.838	Failure of carrier to load	$ 4,500	NM
(c)	articles, possible of spontaneous
combustion or heating, with
sufficient ventilation to provide
assurance against fire.
§ 177.838	Failure of carrier to load	$ 4,500	NM
(h)	Division 4.2 materials in
cylinders with valves and safety
relief device in the vapor space
and in a manner that no shifting
occurs in transit.
§ 177.839	Carrier loaded nitric acid above	Matrix	NM
(a)	any other packaging.
§ 177.239	Failure of carrier to protect	$ 4,500	NM
(b)	batteries containing electrolyte
from being impacted by other cargo
or protecting their terminals
from short circuits.
§ 177.841	Failure of carrier to load bulk	$ 5,000	NM
(a)	arsenical compounds into sift-
proof, steel hopper-type, or
dump-type motor-vehicle bodies
equipped with water-proof,
dust-proof covers well secured in
place on all openings.

( 49 C.F.R. Part 177 Subpart C--Segregation and Separation Chart of Hazardous Materials)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 177.848	Failure of carrier to stow or	Matrix	NM
(b)	segregate a transport vehicle
containing hazardous material in
accordance with 49 C.F.R. § 176.
83(b).
§ 177.848	Carrier loaded or stored cyanide	Matrix	NM
(c)	or cyanide mixtures with acids.
§ 177.848	Failure of carrier to load,	Matrix	NM
(d)	transport, or store hazardous
materials in accordance with the
"Segregation Table for Hazardous
Materials."

( 49 C.F.R. Part 177 Subpart D--Vehicles and Shipments in Transit; Accidents)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 177.854	Failure of carrier to guard motor	Matrix	NM
(a)	vehicle transporting hazardous
material and provide against
hazards during unnecessary stops
on the traveled portion of the
highway or shoulder.
§ 177.854	Failure of carrier to use safest	Matrix	NM
(b)	practical means afforded when
leaks occur in packages or
containers during the course of
transportation, subsequent to
initial loading.
§ 177.854	Failure of carrier to safely and	Matrix	NM
(e)	expeditiously store leaking
containers of hazardous materials.
§ 177.854	Failure of carrier to set out	$ 3,000	M	1 hour
(f)	warning devices when stopped on
the highway or shoulder.
§ 177.854	Carrier used heat or flame to	Matrix	NM
(g)	repair fuel or cargo containment
system.
§ 177.854	Carrier repaired a cargo tank	Matrix	NM
(h)	using a flame or arc before first
making it gas free.

( 49 C.F.R. Part 180 Subpart D--Qualification and Maintenance of Intermediate Bulk Containers)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 180.351	Carrier used an unauthorized	$ 4,500	NM
(a)	intermediate bulk container for
the transportation of a hazardous
material.
§ 180.352	Carrier filled, offered, or	$ 4,500	NM
(a)	transported an intermediate bulk
container before the test or
inspection was completed.
§ 180.352	Failure of carrier to initially	$ 3,000	M	30
(c)	inspect an intermediate bulk	days
container prior to placing
hazardous materials into the
container.
§ 180.352	Failure of carrier to comply with	$ 4,500	NM
(d)	repair requirements for
intermediate bulk containers.
§ 180.352	Failure of carrier to mark the	$ 3,000	M	30
(e)	most recent test date on the	days
intermediate bulk container.
§ 180.352	Failure of carrier to maintain	$ 3,000	M	30
(f)	periodic test and inspection	days
records.

( 49 C.F.R. Part 180 Subpart E--Qualification and Maintenance of Cargo Tanks)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 180.405	Carrier used an unauthorized cargo	$ 5,000	NM
(a)	tank.
§ 180.407	Carrier filled, offered, or	$ 4,500	NM
(a)	transported a cargo tank before
tests or inspections were
completed.
§ 180.407	Failure of carrier to test or	$ 4,500	NM
(b)	inspect an unsafe, damaged, or
out- of-service cargo tank.
§ 180.415	Failure of carrier to mark test	$ 3,000	M	30
(a)	and inspection dates on a cargo	days
tank.
§ 180.415	Failure of cargo tank markings to	$ 3,000	M	30
(b)	be durable and legible.	days
§ 180.417	Failure of carrier to retain the	$ 3,000	M	30
(a)	manufacturer certificate for a	days
cargo tank.
§ 180.417	Failure of carrier to have a	$ 3,000	M	30
(b)	written test or inspection report	days
or to retain the written reports
for cargo tanks.
§ 180.603	Failure to use an authorized	$ 5,000	NM
(a)	portable tank for the
transportation of hazardous
materials.
§ 180.603	Failure to durably mark DOT 51	$ 3,000	M	30
(e)	portable tank specification plate	days
with appropriate exemption number.
§ 180.605	Failure to test and inspect a	$ 4,500	NM
(a)	portable tank that has become due
prior to being returned for
transportation.
§ 180.605	Failure to comply with the testing	$ 4,500	NM
(b)(1)-(5)	and inspection requirements of
portable tanks, upon discovery of
any of the conditions listed in
this section.
§ 180.605	Failure to comply with the	$ 4,500	NM
(c)(1)-(4)	schedule for periodic inspections
and tests of portable tanks.
§ 180.605	Failure to comply with the 2.5	$ 4,500	NM
(d)	year intermediate periodic
inspection and testing schedule
for IM and UN portable tanks.
§ 180.605	Failure to comply with the 5-year	$ 4,500	NM
(e)	periodic inspection and testing
requirements of this section.
§ 180.605	Failure to comply with the	$ 3,000	M	30
(f)	exceptional inspection and testing	days
requirements of this section.
§ 180.605	Failure to comply with the	$ 4,500	NM
(g)(1)-(7)	internal and external examination
requirements of this section.
§ 180.605	Failure to comply with testing and	$ 3,000	M	30
(k)	marking requirements for IM and	days
UN portable tanks.
§ 180.605	Failure to comply with the record	$ 3,000	M	30
(k)(1)	retention requirements of this	days
section.

( 49 C.F.R. Part 387 Subpart A--Motor Carriers of Property)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 387.7(a)	Failure of carrier to obtain	Matrix	NM
minimum levels of financial
responsibility.
§ 387.7(d)	Failure of carrier to maintain	$ 3,000	M	30
proof of financial responsibility	days
at principal place of business.

( 49 C.F.R. Part 390 Subpart B--General Requirements and Information)

Rule	Rule Summary	Base	Type of Grace
Penalty	Violation Period
or
Matrix
§ 390.21(a)	Failure of carrier to mark a	$ 3,000	M	30
commercial motor vehicle.	days
§ 390.21(b)	Carrier displayed incomplete or	$ 3,000	M	30
incorrect vehicle markings.	days
§ 390.21(c)	Failure of carrier to use proper	$ 3,000	M	30
size, shape, color, or location	days
of markings.
§ 390.29	Failure of carrier to comply with	$ 3,000	M	30
requirements for location of	days
records or documents.
§ 390.31(a)	Failure of carrier to preserve	$ 3,000	M	30
records and documents in their	days
original form.

( 49 C.F.R. Part 391 Subpart B--Qualification and Disqualification of Drivers)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 391.11(a)	Carrier permitted or required an	$ 4,500	NM
unqualified person to drive a
commercial motor vehicle.
§ 391.13	Failure of carrier to comply with	$ 3,000	M	30
driver qualification requirements.	days
§ 391.15(a)	Carrier required a disqualified	$ 4,500	NM
driver to drive a commercial
vehicle.

( 49 C.F.R. Part 391 Subpart C--Background and Character)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 391.21(b)	Failure of carrier to furnish an	$ 3,000	M	30
employment application.	days
§ 391.23(a)	Failure of carrier to make	$ 4,500	NM
required background investigations
of a commercial vehicle driver.
§ 391.25(a)	Failure of carrier to make an	$ 3,000	M	30
annual inquiry into all driving	days
records.
§ 391.25(b)	Failure of carrier to make an	$ 4,500	NM
annual determination that drivers
meet minimal requirements.
§ 391.25(c)	Failure of carrier to maintain	$ 3,000	M	30
State agency response to a	days
driving record inquiry.
§ 391.27(a)	Failure of carrier to annually	$ 3,000	M	30
require each driver to furnish a	days
list of all violations.
§ 391.27(d)	Failure of carrier to maintain	$ 3,000	M	30
violation list or certificate in	days
driver's qualification file.

( 49 C.F.R. Part 391 Subpart D--Tests)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 391.31(a)	Failure of carrier to require a	$ 4,500	NM
commercial vehicle road test.
§ 391.31(d)	Failure of carrier to provide road	$ 3,000	M	30
test form.	days
§ 391.31(e)	Failure of carrier to complete a	$ 3,000	M	30
certificate of driver's road test.	days
§ 391.31(g)	Failure of carrier to retain	$ 3,000	M	30
original signed road test form or	days
certificate.

( 49 C.F.R. Part 391 Subpart E--Physical Qualifications and Examinations)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 391.41(a)	Failure of person to carry a	$ 3,000	M	30
)	current medical examiner's	days
certificate.

( 49 C.F.R. Part 391 Subpart F--Files and Records)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 391.51(a)	Failure of carrier to maintain a	$ 4,500	NM
driver qualification file.
§ 391.51(b)	Failure of carrier to maintain a	$ 3,000	M	30
complete qualification file.	days
§ 391.51(c)	Failure of carrier to maintain	$ 3,000	M	30
driver qualification file for	days
three years beyond employment.

( 49 C.F.R. Part 392 Subpart A--General)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 392.7(a)	Person drove a commercial motor	$ 3,000	M	30
vehicle prior to ensuring parts	days
and accessories were in good
working order.
§ 392.8	Person drove a commercial motor	$ 4,500	NM
vehicle before being satisfied
that the emergency equipment was
in place and ready for use.
§ 392.9	Person operated a commercial motor	$ 4,500	NM
(a)-(b)	vehicle prior to ensuring the
cargo was properly distributed and
adequately secured.

( 49 C.F.R. Part 393 Subpart H--Emergency Equipment)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 393.95(a)	Failure of carrier to equip a	$ 3,000	M	30
power unit with a properly filled	days
and located fire extinguisher.
§ 393.95(c)	Failure of carrier to equip	$ 3,000	M	30
vehicle with spare fuses.	days
§ 393.95(f)	Failure of carrier to equip motor	$ 3,000	M	30
vehicle with warning devices for	days
stopped vehicles.

( 49 C.F.R. Part 395)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 395.3(a)	Carrier permitted or required a	$ 3,000	M	30
driver to drive more than 10	days
hours or after being on duty for
15 hours.
§ 395.3(b)	Carrier permitted or required a	$ 3,000	M	30
driver to drive for any period	days
after having been on duty 60 hours
in seven consecutive days or
after having been on duty 70 hours
in eight consecutive days.
§ 395.8(a)	Failure of person to record duty	$ 3,000	M	30
status.	days
§ 395.8(c)	Failure of person to record change	$ 3,000	M	30
of duty status.	days
§ 395.8(f)	Failure of person to record	$ 3,000	M	30
driver's activities.	days
§ 395.8(i)	Failure of person to file driver's	$ 3,000	M	30
record of duty status.	days
§ 395.8(k)	Failure of carrier to retain	$ 3,000	M	30
records of duty status.	days

( 49 C.F.R. Part 396)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 396.11(a)	Failure of person to prepare a	$ 3,000	M	30
written report.	days
§ 396.11(b)	Failure of person to indicate	$ 3,000	M	30
deficiencies or lack of	days
deficiencies on report or to sign
report.
§ 396.11(c)	Failure of carrier to repair	$ 4,500	NM
deficiencies or to certify or
retain inspection reports.
§ 396.13	Failure of person to be satisfied	$ 3,000	M	30
(a)-(c)	that the vehicle is in safe	days
operating condition or to review
or sign previous inspection
reports.

( 49 C.F.R. Part 397 Subpart A--General)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 397.3	Failure of carrier to comply with	$ 3,000	M	30
jurisdictional laws concerning	days
driving and parking of hazardous
materials vehicles.
§ 397.5	Failure of carrier to attend a	$ 4,500	NM
vehicle that contains hazardous
materials.
§ 397.7(b)	Carrier parked a hazardous	$ 3,000	M	30
material vehicle within five feet	days
of the traveled portion of a
street or highway.
§ 397.11	Carrier operated or parked a	$ 4,500	NM
hazardous material vehicle near
an open fire.
§ 397.13	Person smoked within 25 feet of a	$ 4,500	NM
hazardous material vehicle.

( 49 C.F.R. Part 397 Subpart C--Routing of Non-Radioactive Hazardous Materials)

Rule	Rule Summary	Base	Type of	Grace
Penalty	Violation	Period
or
Matrix
§ 397.67(b)	Carrier operated a hazardous	$ 4,500	NM
material vehicle over
inappropriate routes.

N.J. Admin. Code § 7:26G-2.4

Amended by R.2002 d.140, effective 5/6/2002.
See: 33 N.J.R. 3794(a), 34 N.J.R. 1669(b).
Rewrote section.
Amended by R.2006 d.202, effective 6/5/2006.
See: 37 N.J.R. 1285(a), 38 N.J.R. 2426(a).
In (g), added "In the 'Type of Violation' column, 'M' identifies a violation as minor and 'NM' identifies a violation as non-minor. The length of the applicable grace period for a minor violation is indicated in the 'Grace Period' column." at the end of the first paragraph. Rewrote (g)2 through (g)9 and inserted (g)10.
Amended by R.2007 d.350, effective 11/5/2007.
See: 39 N.J.R. 1953(a), 39 N.J.R. 4834(a).
In introductory paragraph of (g), inserted "N.J.A.C." preceding "7:26G-2.5"; in (g)3, rewrote tables for "40 C.F.R. Part 262 Subpart B-The Manifest" and "N.J.A.C. 7:26G-6"; in (g)4, rewrote tables for "40 C.F.R. Part 263 Subpart B-Compliance with the Manifest System and Recordkeeping" and "N.J.A.C. 7:26G-7"; in (g)5, rewrote tables for "40 C.F.R. Part 264 Subpart E-Manifest System, Recordkeeping, and Reporting" and "40 C.F.R. Part 264 Subpart W-Drip Pads"; in (g)6, rewrote table for "40 C.F.R. Part 265 Subpart E-Manifest System, Recordkeeping, and Reporting"; and in (g)8, rewrote table for "40 C.F.R. Part 268 Subpart E-Prohibitions on Storage".