New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14 - WATER POLLUTION CONTROL ACT › Subchapter 8 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:14-8.18 - Tables of minor and non-minor violations; base penalties; grace periods

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Tables 1 and 2 below identify particular
				violations of the Pollutant Discharge Elimination System rules,
N.J.A.C. 7:14A
, and the Underground Storage Tanks rules,
N.J.A.C. 7:14B
, as minor or non-minor for purposes of a grace
				period, and identify the duration of the grace period for minor violations. In
				addition, Table 2 includes the base penalty for violations of
N.J.A.C.
				7:14B
. The descriptions of the violations set forth in the tables in
				this section are provided for informational purposes only. In the event that
				there is a conflict between a violation description in the tables and the rule
				to which the violation description corresponds, the rule shall
				govern.
(b) The Department may
				assess a civil administrative penalty for a violation of the Water Pollution
				Control Act, the Act Concerning Pretreatment of Industrial Wastewater, the New
				Jersey Underground Storage of Hazardous Substances Act, and/or for a violation
				of any rule, consent agreement or administrative order adopted or issued
				pursuant thereto, that is not listed in Tables 1 and 2, or in
				N.J.A.C.
				7:14-8.6 through 8.10, 8.12, 8.14, or 8.17,
				according to the following:
1. The Department
				shall determine whether the violation is a minor violation and subject to a
				grace period or whether the violation is non-minor and not subject to a grace
				period as follows:
i. If, pursuant to (c)
				below, the violation is comparable to a violation listed in Tables 1 and 2 and
				the comparable violation in Tables 1 and 2 is minor, then the violation under
				this section is also minor, provided the criteria at 7:14-8.4A(c) are also met.
				The minor violation shall be subject to the grace period set forth in Tables 1
				and 2 for the comparable violation, and the penalty shall be assessed in
				accordance with 7:14-8.5 or 8.16;
ii. If the violation is not comparable to a
				violation listed in Tables 1 and 2, or in 7:14-8.6 through 8.10, 8.12, 8.14, or
				8.17 and the violation meets all of the criteria at (b)1ii(1) through (3) below
				as well as the criteria at 7:14-8.4A(c), then the violation under this section
				is minor. The minor violation shall be subject to a grace period of 30 days,
				and the penalty shall be assessed in accordance with 7:14-8.5 or 8.16.
(1) The violation poses minimal risk to the
				public health, safety and natural resources;
(2) The violation does not materially and
				substantially undermine or impair the goals of the regulatory program;
				and
(3) The activity or condition
				constituting the violation is capable of being corrected and compliance
				achieved within the time prescribed by the Department;
iii. If, pursuant to (c) below, the violation
				is comparable to a violation listed in Tables 1 and 2, or in 7:14-8.6 through
				8.10, 8.12, 8.14, or 8.17, and the comparable violation in Tables 1 and 2, or
				in 7:14-8.6 through 8.10, 8.12, 8.14, or 8.17 is non-minor, then the violation
				under this section is also non-minor and the penalty shall be assessed in
				accordance with 7:14-8.5 through 8.10, 8.12, 8.14, 8.16, or 8.17.
iv. If the violation is not comparable to a
				violation listed in Tables 1 and 2, or in 7:14-8.6 through 8.10, 8.12, 8.14, or
				8.17 and the violation does not meet the requirements of 7:14-8.4A(c), and does
				not meet the criteria of (b)1ii(1) through (3) above, the violation is
				non-minor and the penalty shall be assessed in accordance with 7:14-8.5 or
				8.16.