N.J. Admin. Code § 7:27-24.12

Current through Register Vol. 57, No. 1, January 6, 2025

Section 7:27-24.12 - Penalties and other requirements imposed for failure to comply

(a) Any person subject to this subchapter shall be responsible for ensuring compliance with all requirements of this subchapter. Failure to comply with any provision of this subchapter may subject the person to civil penalties in accordance with N.J.A.C. 7:27A-3 and to applicable criminal penalties, including, but not limited to, those set forth at N.J.S.A. 26:2C-19(f).

(b) If a chemically formulated consumer product subject to this subchapter does not comply with the applicable VOC or chlorinated toxic air contaminant content requirements at N.J.A.C. 7:27-24.4, the Department may issue an order including, but not limited to, any or all of the following:

1. Requiring the product's manufacturer to:

i. Demonstrate to the satisfaction of the Department that the test results or calculations are in error, and that the product in fact complies with the applicable VOC or chlorinated toxic air contaminant content requirements at N.J.A.C. 7:27-24.4;

ii. Demonstrate to the satisfaction of the Department that the test results or calculations for that specific unit are not representative of the entire batch, or entire product line of that unit; and/or

iii. Within 30 days of the manufacturer's submission of the test report to the Department, recall its non-complying product from all retail outlets in New Jersey;

2. Requiring any distributor or supplier of the product to assist in a recall taking back any of the product it has distributed or supplied to a retail outlet; and/or

3. Prohibiting the sale of the product in New Jersey until the manufacturer makes a demonstration to the satisfaction of the Department that the product to be sold will meet the applicable VOC and chlorinated toxic air contaminant content requirements at N.J.A.C. 7:27-24.4.

(c) If a spout, portable fuel container, or portable fuel container and spout subject to this subchapter fails to comply with the applicable requirements at N.J.A.C. 7:27-24.8, the Department may issue an order requiring the product's manufacturer to demonstrate to the satisfaction of the Department that the product in fact complies with the applicable requirements at N.J.A.C. 7:27-24.8 by producing evidence of CARB or EPA certification or the issuance of an IPE, ACP, or variance for the product, or recall its non-complying product from all retail outlets in New Jersey within 30 days of the issuance of the order.

N.J. Admin. Code § 7:27-24.12

Recodified from N.J.A.C. 7:27-24.7 and amended by R.2004 d.182, effective 5/3/2004 (operative June 6, 2004).
See: 35 N.J.R. 4241(b), 36 N.J.R. 2218(a).
Rewrote the section.
Amended by R.2008 d.366, effective 12/1/2008 (operative December 29, 2008).
See: 39 N.J.R. 4492(a), 40 N.J.R. 6769(a).
In the introductory paragraph of (b) and in (b)1i, inserted "or chlorinated toxic air contaminant", in (b)3, inserted "and chlorinated toxic air contaminant"; and rewrote (c).