N.J. Admin. Code § 7:38-13.2

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

Section 7:38-13.2 - Enforcement powers of the Department

(a) Whenever, on the basis of available information, the Department finds a person in violation of any rule and/or condition, the Department may:

1. Issue an order requiring any such person to comply in accordance with (b) below;

2. Bring a civil action in accordance with 7:38-13.4;

3. Levy a civil administrative penalty in accordance with 7:38-13.5;

4. Bring an action for a civil penalty in accordance with N.J.A.C. 7:38-13.4; or

5. Petition the Attorney General to bring a criminal action in accordance with N.J.S.A. 13:20-35a(5).

(b) Any penalty established pursuant to this subchapter may be imposed and collected with costs in a summary proceeding pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq. The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the Penalty Enforcement Law in connection with 13:20-1 et seq.

(c) For all violations under this subchapter, each day during which each violation continues shall constitute an additional, separate, and distinct violation for which a separate penalty may be assessed.

(d) Each violation of any rule and/or condition under this subchapter shall constitute an additional, separate, and distinct violation for which a separate penalty may be assessed.

(e) The Department's pursuit of any of the remedies available under this subchapter shall not preclude the Department's pursuit of any of the other remedies for the same or another violation. Compliance with any Department enforcement order, including payment of a penalty, shall not preclude the Department from pursuing any of the other remedies available under this subchapter in connection with the violation for which the order was issued.

N.J. Admin. Code § 7:38-13.2