N.J. Admin. Code § 7:30-11.5

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

Section 7:30-11.5 - Grace period

(a) This section identifies violations of this chapter as minor or non-minor in accordance with N.J.S.A. 13:1D-125et seq., which is commonly known as the Grace Period Law.

(b) The person responsible for any minor violations listed in the table at N.J.A.C. 7:30-11.6(a)5shall achieve compliance within the number of days specified in the table, unless otherwise noted.

(c) A violation shall be designated by the Department as a minor violation if:

1. The violation is not the result of purposeful, knowing, reckless or criminally negligent conduct of the person responsible for the violation;

2. The violation poses minimal risk to the public health, safety, and natural resources;

3. The violation does not materially and substantially undermine or impair the goals of the regulatory program;

4. The activity or condition constituting the violation has existed for less than 12 months prior to the date of discovery by the Department or local government agency;

5. The person responsible for the violation has not been identified in a previous enforcement action by the Department or local government agency as responsible for a violation of the same requirement of the same permit within the preceding 12 month period;

6. In the case of a violation that does not involve a permit, the person responsible or the violation has not been identified in a previous enforcement action by the Department or local government agency as responsible for the same or a substantially similar violation at the same facility within the preceding 12 month period;

7. In the case of any violation, the person responsible for the violation has not been identified by the Department or a local government agency as responsible for the same or substantially similar violations at any time that reasonably indicate a pattern of illegal conduct and not isolated incidents on the part of the person responsible; and

8. The activity or condition constituting the violation is capable of being corrected and compliance achieved within the period of time prescribed by the Department.

(d) Where the Department, or a local county government agency operating under the County Environmental Health Act (CEHA), N.J.S.A. 26:3A2-21 et seq., discovers a violation that is designated as minor in accordance with the table at N.J.A.C. 7:30-11.6 and in accordance with (c) above, it shall issue a notice of violation to the person responsible for the minor violation that:

1. Identifies the condition or activity that constitutes the violation and the specific statutory and regulatory provision or other requirement violated; and

2. Notifies the person responsible for the violation that a penalty may be imposed under the Pesticide Control Act and this chapter, as applicable, unless compliance is achieved within the time period provided for the violation as set forth in N.J.A.C. 7:30-11.6.

(e) If the person responsible for a minor violation corrects that violation and achieves compliance within the period specified in the notice of violation issued pursuant to this section, the Department shall not seek penalties for the violation.

1. Any person responsible for a violation may be required to submit to the Department written information as to the corrective action taken or compliance achieved, and shall do so within the prescribed compliance time period provided for the violation in this subchapter.

(f) If the person responsible for the violation fails to achieve compliance within the period of time specified in the notice of violation, the Department may, in accordance with the provisions of the Act or this chapter, impose a penalty, which is retroactive to the date the notice of violation was first issued.

1. A penalty shall not be assessed for any violation of Subchapter 13.

(g) Persons who commit major violations will not be accorded a grace period and are subject to the penalty provisions of the Pesticide Control Act and this chapter, as applicable.

1. A penalty shall not be assessed for any violation of Subchapter 13.

N.J. Admin. Code § 7:30-11.5

Amended and recodified from 7:30-11.1 by 52 N.J.R. 756(a), effective 4/6/2020