N.J. Admin. Code § 7:38-13.9

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:38-13.9 - Civil administrative penalties for other than failure to obtain an HPAA prior to conducting regulated activities

(a) The Department will assess a daily civil administrative penalty for violations described in this section other than those violations addressed in N.J.A.C. 7:38-13.8 and except for those described at N.J.A.C. 7:38-13.10 through 13.12 on the basis of the seriousness of the violation and the conduct of the violator pursuant to Table B below, unless adjusted pursuant to N.J.A.C. 7:38-13.7 or this section.

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(b) The seriousness of the violation shall be determined as major, moderate or minor as follows:

1. "Major" seriousness applies to any violation which has caused or has the potential to cause serious harm to human health, safety, and/or the environment, and/or seriously deviates from any critical or especially significant requirement of the Act or any rule and/or condition;

2. "Moderate" seriousness applies to any violation which has caused or has the potential to cause substantial harm to human health, safety and/or the environment and/or partially deviates from any other requirement of the Act or any rule and/or condition; or

3. "Minor" seriousness shall apply to any violation not included in (b)1 or 2 above.

(c) The conduct of the violator shall be determined as major, moderate or minor as follows:

1. Major conduct shall include any intentional, deliberate, purposeful, knowing or willful act or omission by the violator. Violation of a permit, authorization, or application shall be construed by the Department as knowing or Major. This would include, but not be limited to, builders, developers, nurserymen, consultants, who knew or should have known about the adoption of the Act;

2. Moderate conduct shall include any unintentional but foreseeable act or omission by the violator; and

3. Minor conduct shall include any other conduct not included in (c)1 or 2 above.

(d) The total civil administrative penalty assessed shall be the daily penalty amount obtained from the Table B matrix multiplied by the number of days during which the violation has continued.

N.J. Admin. Code § 7:38-13.9

Amended by R.2006 d.420, effective 12/4/2006.
See: 37 N.J.R. 4767(a), 38 N.J.R. 5011(a).
In (a), inserted "and except for those described at N.J.A.C. 7:38-13.10 through 13.12".