N.J. Admin. Code § 7:26H-5.21

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

Section 7:26H-5.21 - Penalty for failure to allow lawful entry and inspection

(a) The Department may assess a civil administrative penalty pursuant to this section against any violator who refuses, inhibits or prohibits immediate lawful entry and inspection by any authorized Department representative of any premises, building or facility which the Department may enter and inspect pursuant to the provisions of the Acts.

(b) Each day that a violator refuses, inhibits or prohibits immediate lawful entry and inspection by an authorized Department representative of any premises, building or facility which the Department may enter and inspect pursuant to the provisions of the Acts, shall be an additional, separate and distinct violation.

(c) The Department shall assess a civil administrative penalty for violations described in this section except as adjusted pursuant to (d) below as follows:

1. For refusing, inhibiting or prohibiting immediate lawful entry and inspection of any premises, building or facility for which an administrative order, permit, license or other operating authority requirement exists under the Acts, the penalty shall be in an amount of not more than $ 10,000 for the first offense, not more than $ 25,000 for the second offense, and not more than $ 50,000 for the third and every subsequent offense; and

2. For any refusal, inhibition, or prohibition of immediate lawful entry and inspection not covered under (c)1 above, the penalty shall be in an amount of not more than $ 5,000 or less than $ 3,000 per violation.

(d) The Department may adjust the amount determined pursuant to (c) above to assess a civil administrative penalty in an amount no greater than the maximum amount nor less than the minimum amount in the range described in (c) above, on the basis of the following factors:

1. The compliance history of the violator;

2. The nature, timing and effectiveness of any measures taken by the violator to mitigate the effects of the violation for which the penalty is being assessed;

i. Immediate implementation of measures to effectively mitigate the effects of the violation will result in a reduction to the bottom of the range;

3. The nature, timing and effectiveness of any measures taken by the violator to prevent future similar violations;

i. Implementation of measures that can reasonably be expected to prevent a recurrence of the same type of violation will result in a reduction equal to the bottom of the range;

4. Any unusual or extraordinary costs or impacts directly or indirectly imposed on the public or the environment as a result of the violation; and/or

5. Other specific circumstances of the violator or the violation.

(e) A violation under this section is non-minor and, therefore, not subject to a grace period.

N.J. Admin. Code § 7:26H-5.21

New Rule, R.2002 d.356, effective 11/4/2002.
See: 34 N.J.R. 1792(a), 34 N.J.R. 3819(a).
Amended by R.2006 d.343, effective 9/18/2006.
See: 37 N.J.R. 3130(a), 38 N.J.R. 3782(b).
Added (e).
Amended by R.2008 d.117, effective 5/5/2008.
See: 39 N.J.R. 4477(a), 40 N.J.R. 2243(a).
Substituted "Acts" for "Act" throughout, and in (c)1, substituted "not" for "nor" following "amount of".