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 7:14-8.1 - Authority and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of
				this subchapter is to establish a civil administrative penalty policy governing
				the uniform assessment of civil administrative penalties. This subchapter shall
				also govern the Department's assessment of civil administrative penalties for
				violations of the Water Pollution Control Act,
				58:10A-1 et seq., including
				violation on any rule or regulation, water quality standard, effluent
				limitation, administrative order or permit issued pursuant to the Water
				Pollution Control Act, and for violations of the Act Concerning Pretreatment of
				Industrial Wastewater,
				58:11-64 et seq., and
				58:10A-21 et seq. (also known as
				the New Jersey Underground Storage of Hazardous Substances Act). In addition,
				this subchapter shall govern the Department's administrative assessment of
				costs pursuant to N.J.S.A. 58:10A-10d(1)(c). This subchapter shall also govern
				the procedure for requesting an adjudicatory hearing on a notice of civil
				administrative penalty assessment or an administrative order.
(b) The Department may assess a civil
				administrative penalty of not more than $ 50,000 for each violation of each
				provision of either the Water Pollution Control Act or the New Jersey
				Underground Storage of Hazardous Substances Act, or not more than $ 100,000 for
				a violation of both statutes.
(c)
				Each day during which a violation as set forth in (b) above continues shall
				constitute an additional, separate and distinct violation.
(d) Neither the assessment of a civil
				administrative penalty nor the payment of any such civil administrative penalty
				shall affect the availability of any other enforcement provision provided for
				by 58:10A-10, or any other statute,
				in connection with the violation for which the assessment is levied.
(e) This subchapter, as amended effective May
				17, 1999 shall apply to all violations which occur on or after May 17,
				1999.
(f) This subchapter also
				establishes a civil administrative penalty policy governing the uniform
				assessment of civil administrative penalties by delegated local agencies as
				authorized pursuant to
				N.J.S.A.
				58:10A-10.5. Nothing in this subchapter shall
				be construed to authorize a delegated local agency to take any action beyond
				the scope of its authority pursuant to
				N.J.S.A.
				58:10A-10.5 through 10.10. Except as provided
				in this subsection, in connection with actions taken by a delegated local
				agency pursuant to
				N.J.S.A.
				58:10A-10.5, all references in this
				subchapter to the Department shall be deemed to refer to the delegated local
				agency; the delegated local agency shall comply with all requirements which
				this subchapter imposes upon the Department, and may take all actions which
				this subchapter states that the Department may take, except that delegated
				local agencies shall not be subject to the requirement, at
				N.J.A.C.
				7:14-8.4(a), that an
				adjudicatory hearing request be submitted to the Department's Office of
				Administrative Hearings and Dispute Resolution with a copy to the Department's
				enforcement bureau. A person requesting an adjudicatory hearing to contest an
				administrative order, notice of civil administrative penalty assessment, or
				notice of civil administrative cost assessment issued by a delegated local
				agency shall submit the request to the delegated local agency.