Section 13:1E-99.150 - Violations, penaltiesa. Whenever, on the basis of available information, the commissioner finds that a person is in violation of this act, the commissioner may take one or more of the following actions:(1) issue an order in accordance with subsection b. of this section requiring the person to comply;(2) bring a civil action in accordance with subsection c. of this section;(3) levy a civil administrative penalty in accordance with subsection d. of this section;(4) bring an action for a civil penalty in accordance with subsection e. of this section;(5) require a manufacturer to submit a corrective action plan pursuant to subsection f. of this section; or(6) notify the public of a manufacturer which, at any time during a reporting period, was not in compliance with the requirements of this act. The exercise of any of the remedies provided in this section shall not preclude recourse to any other remedy so provided.
b. Whenever, on the basis of available information, the commissioner finds that a person is in violation of this act, the commissioner may issue an order: (1) specifying the provision or provisions of this act, or the rule or regulation adopted pursuant thereto, of which the person is in violation;(2) citing the action that caused the violation;(3) requiring compliance with the provision of this act or the rule or regulation adopted pursuant thereto of which the person is in violation; and(4) giving notice to the person of his right to a hearing on the matters contained in the order.c. The commissioner is authorized to commence a civil action in Superior Court for appropriate relief from a violation of this act. This relief may include an assessment against the violator for the costs of any investigation, inspection, or audit that led to the discovery and establishment of the violation, and for the reasonable costs of preparing and litigating the case under this subsection.d.(1) The commissioner is authorized to impose a civil administrative penalty of not less than $1,000 and not more than $25,000 for each violation of this act or any rule or regulation adopted pursuant thereto, and each day of the violation shall constitute an additional, separate, and distinct offense. Any amount imposed under this subsection shall be assessed pursuant to rules and regulations adopted by the commissioner for violations of similar type, seriousness, and duration. The commissioner shall have the authority to assess penalties prior to the establishment of rules and regulations governing penalties to the extent that such penalties are reasonable and based on other violations of a similar type, seriousness, and duration. No civil administrative penalty shall be imposed until after the person has been notified by certified mail or personal service. The notice shall include: a reference to the section of the act, rule, regulation, order, or permit violated; a concise statement of the facts alleged to constitute a violation; a statement of the amount of the civil administrative penalties to be imposed; and a statement of the person's right to a hearing. The person shall have 20 days from receipt of the notice within which to deliver to the commissioner a written request for a hearing. Subsequent to the hearing and upon finding that a violation has occurred, the commissioner may issue a final order or civil administrative penalty after imposing the amount of the fine specified in the notice. If no hearing is requested, the notice shall become a final order or a final civil administrative penalty upon the expiration of the 20-day period. Payment of the penalty is due when a final order is issued or when the notice becomes a final order or a final civil administrative penalty. The authority to levy a civil administrative penalty is in addition to all other enforcement provisions in this act, and the payment of a civil administrative penalty shall not be deemed to affect the availability of any other enforcement provision in connection with the violation for which the penalty is levied. A civil administrative penalty imposed under this subsection may be compromised by the commissioner upon the posting of a performance bond by the violator, or upon terms and conditions the commissioner may establish by rule or regulation.(2) With respect to violations related to the amount of recycled content contained in a manufacturer's products, in lieu of the penalties provided for in paragraph (1) of this subsection, the department shall assess a civil administrative penalty on a per-pound basis for each pound of virgin material that is used by a manufacturer in its products where recycled material is required pursuant to this act. The department shall establish the per-pound penalty in the rules and regulations adopted to implement this act.(3) In addition to the assessment of a civil administrative penalty, the commissioner may, by administrative order and upon an appropriate finding, assess a violator for the reasonable costs of any investigation, inspection, or audit which led to the establishment of the violation.e. Any person who violates this act, an order issued pursuant to subsection b. of this section, or a court order issued pursuant to subsection c. of this section, or who fails to pay in full a civil administrative penalty levied pursuant to subsection d. of this section, shall be subject, upon order of a court, to a civil penalty not to exceed $50,000, and each day of the violation shall constitute an additional, separate, and distinct offense. Any penalty imposed pursuant to this subsection may be collected, and any costs incurred in connection therewith may be recovered, in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L. 1999, c. 274(C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the "Penalty Enforcement Law of 1999."f. The department is authorized to require a manufacturer that violates the provisions of this act, or any rule or regulation adopted pursuant thereto, to submit a corrective action plan describing how the manufacturer intends to come into compliance with the provisions of this act. The department shall adopt, pursuant to the "Administrative Procedure Act," P.L. 1968, c.410 (C.52:14B-1 et seq.), rules and regulations setting forth the substantive requirements for corrective action plans.g. In addition to the penalties and remedies provided above, a person who knowingly, purposely, or recklessly makes a false or misleading statement on any certification or registration submitted to the department pursuant to this act shall, upon conviction, be guilty of a crime of the third degree and, notwithstanding the provisions of N.J.S. 2C:43-3, shall be subject to a fine of not more than $50,000 and restitution. The department shall refer the provider of any false or misleading statement to the Attorney General for prosecution.Added by L. 2021, c. 391, s. 16, eff. 1/18/2022.