N.J. Admin. Code § 7:7-29.1

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

Section 7:7-29.1 - General provisions

(a) Whenever the Department finds that a person has violated any provision of N.J.S.A. 13:19-1 et seq., N.J.S.A. 12:5-1 et seq., N.J.S.A. 13:9A-1 et seq., or any regulation, rule, permit, or order adopted or issued by the Department pursuant thereto, the Department may, singly or in combination, and in accordance with the grace period requirements set forth at N.J.A.C. 7:7-29.10, pursue the remedies specified in (a)1 through 5 below. Pursuit of any of the remedies specified under this section shall not preclude the Department from seeking any other remedy specified.

1. Issue an order requiring the person found to be in violation to comply in accordance with N.J.A.C. 7:7-29.2;

2. Bring a civil action for injunctive and other relief in accordance with N.J.A.C. 7:7-29.8;

3. Levy a civil administrative penalty in accordance with N.J.A.C. 7:7-29.5 or 29.6;

4. Bring an action for a civil penalty in accordance with N.J.A.C. 7:7-29.7; and/or

5. Petition the Attorney General to bring a criminal action in accordance with N.J.A.C. 7:7-29.9.

(b) The Department has the power, as enumerated in N.J.S.A. 13:1D-9, and consistent with constitutional requirements, to enter and inspect any property, facility, building, premises, site, or place for the purpose of investigating an actual or suspected source of pollution of the environment and conducting inspections, collecting samples, copying or photocopying documents or records, and for otherwise ascertaining compliance or noncompliance with any laws, permits, orders, codes, rules, and regulations of the Department.

(c) Each applicant or permittee shall provide, upon request of the Department, any information required to determine compliance with the provisions of N.J.S.A. 13:19-1 et seq., N.J.S.A. 12:5-1 et seq,. N.J.S.A. 13:9A-1 et seq., or any rule or regulation adopted, or permit or order issued pursuant thereto.

N.J. Admin. Code § 7:7-29.1

Adopted by 47 N.J.R. 1392(a), effective 7/6/2015