N.J. Admin. Code § 7:38-13.14

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:38-13.14 - Settlement of an administrative penalty

(a) The Department may, in its discretion, settle any civil administrative penalty assessed pursuant to this subchapter, based on an evaluation of the factors at (a)1 through 7 below:

1. Mitigating or extenuating circumstances not previously considered in the assessment of penalties;

2. The violator's timely implementation of measures leading to compliance, which measures were not previously considered in the assessment of penalties, including measures to aggressively restore, reverse or repair environmental damage caused by the violation, or to remove or mitigate for the violation;

3. The violator's full payment of a specified part of a civil administrative penalty, if payment is made within a time period established by the Department in an administrative order, and if the violator waives the right to request an adjudicatory hearing on the civil administrative penalty;

4. Whether the settlement amount provides a sufficient deterrent to future violations;

5. The past compliance history of the violator with respect to the Highlands and any other statute or regulation that would have prohibited the same type of conduct had it occurred outside the Highlands Region; and

6. The cost to the violator to comply; and

7. Any other terms, conditions, or consideration acceptable to the Department.

N.J. Admin. Code § 7:38-13.14