N.J. Admin. Code § 7:38-13.4

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

Section 7:38-13.4 - Civil action

(a) Whenever, on the basis of available information, the Department finds a person in violation of any rule and/or condition, the Department may institute a civil action in Superior Court for appropriate relief. Such relief may include, singly or in combination:

1. A temporary or permanent injunction;

2. Assessment against the violator of the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this section;

3. Assessment against the violator for any costs incurred by the State in removing, correcting, or terminating the adverse effects to the Highlands resulting from any unauthorized regulated activity for which legal action under this section may have been brought;

4. Assessment against the violator for compensatory damages for any loss or destruction of wildlife, fish or aquatic life, and for any other actual damages to the Highlands Region caused by an unauthorized regulated activity;

5. A requirement that the violator restore the site of the violation to the maximum extent practicable and feasible;

6. Assessment against the violator for recovery of any economic benefit accruing to the violator; and

7. Assessment against the violator of a civil penalty of up to $ 10,000 per day pursuant to this subchapter.

(b) Any penalty established pursuant to this section 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 N.J.S.A. 13:20-1 et seq.

N.J. Admin. Code § 7:38-13.4