reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 24 - ENFORCEMENT › Section 7:13-24.9 - Criminal actions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department, upon petition to the Attorney General, may bring a criminal action
				in court for certain violations of
58:16A-50
et seq. or any
				regulation, rule, permit, or order adopted or issued by the Department pursuant
				thereto.
(b) A person who
				knowingly, purposely, or recklessly violates
58:16A-50
et seq., or any
				regulation, rule, permit, or order adopted or issued by the Department pursuant
				thereto, shall be guilty, upon conviction, of a crime of the third degree and
				shall be subject to a fine of no less than $ 5,000 and not more than $ 50,000
				per day of violation, or imprisonment, or both.
(c) A person shall be guilty, upon
				conviction, of a crime of the third degree and shall be subject to a fine of
				not more than $ 50,000 per day of violation, or imprisonment, or both, if the
				person:
1. Knowingly, purposely, or
				recklessly makes a false statement, representation, or certification in any
				application, record, or other document filed or required to be maintained under
58:16A-50
et seq., or any
				regulation, rule, permit, or order adopted or issued by the Department pursuant
				thereto; or
2. Falsifies, tampers
				with, or purposely, recklessly, or knowingly renders inaccurate, any monitoring
				device or method required to be maintained under
58:16A-50
et seq., or any
				regulation, rule, permit, or order adopted or issued by the Department pursuant
				thereto.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 24 - ENFORCEMENT › Section 7:13-24.10 - Recording a notice concerning violation with deed for the property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On order of the
				Commissioner, the clerk or registrar of deeds and mortgages of the county where
				the property on which the violation occurred is located shall record a notice
				concerning the violation of the
58:16A-50
et seq. with
				the deed for the property. Any fees or other charges that are incurred by the
				Department for the recording of the notice concerning the violation shall be
				paid by the owner of the affected property or the violator.
(b) The notice concerning the violation shall
				remain attached to the property deed until the violation has been remedied and
				the Commissioner has ordered the clerk to remove the notice concerning the
				violation. The Commissioner shall immediately order the notice removed once the
				violation is remedied, or upon other conditions set forth by the
				Commissioner.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 24 - ENFORCEMENT › Section 7:13-24.11 - Grace period applicability; procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each violation, identified in Table 24.11
				at (f) below by an "M" in the Type of Violation column for which the conditions
				of (d)1 through 6 below are satisfied, and each violation determined under (c)
				below as a minor for which the conditions of (d)1 through 9 below are
				satisfied, is a minor violation and is subject to a 30-calendar-day grace
				period as described at (e) below.
(b) Each violation identified in Table 24.11
				at (f) below by an "NM" in the Type of Violation column is a non-minor
				violation and is not subject to a grace period.
(c) If a violation is not listed in Table
				24.11 at (f) below, the designation of the violation as minor or non-minor is
				determined as follows:
1. If the violation is
				not listed in Table 24.11 at (f) below but is comparable to a violation
				designated as "M" in Table 24.11 and the violation meets all of the criteria of
				(d)1 through 6 below, then the violation is minor. The minor violation shall be
				subject to a grace period of 30 calendar days as described at (e)
				below.
2. If the violation is not
				listed in Table 24.11 at (f) below and is not comparable to a violation listed
				in Table 24.11 but the violation meets all of the criteria of (d)1 through 9
				below, then the violation is minor. The minor violation shall be subject to a
				grace period of 30 calendar days as described at (e) below.
3. If the violation is not listed in Table
				24.11 at (f) below but is comparable to a violation designated as "NM" in Table
				24.11, then the violation is a non-minor violation and is not subject to a
				grace period.
4. If the violation
				is not listed in Table 24.11 at (f) below and is not comparable to a violation
				listed in Table 24.11, and the violation does not meet all of the criteria at
				(d)1 through 9 below, the violation is non-minor and is not subject to a grace
				period.
5. Comparability of a
				violation to a violation in Table 24.11 at (f) below is based on the nature of
				the violation(s) (for example recordkeeping, accuracy of information provided
				to the Department, amount and type of impacts to the protected resources). A
				violation shall not be considered comparable to any violation designated as "M"
				in Table 24.11 unless the violation also meets the criteria at (d)7 through 9
				below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Appendix 2

Current through Register Vol. 56, No. 14, July 15, 2024
LIST OF DEPARTMENT DELINEATED WATERS
The following table lists the waters for which the Department
				has promulgated a delineation of the flood hazard area. This list is organized
				by county and municipality. In most cases the delineation includes both the
				flood hazard area design flood elevation and the floodway limit. To determine
				which mapping is available for a particular water, or to obtain copies of maps
				or other information regarding the use or revision of these studies, contact
				the Department as described at
				N.J.A.C.
				7:13-3.3. An asterisk indicates that the
				Department delineation for that studied water was promulgated on or after
				January 24, 2013.
Click here
				to view table.
The amended
				version of this Section by
				48
				N.J.R. 1067(a), effective
				6/20/2016 is not yet
				available.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14 - WATER POLLUTION CONTROL ACT › Subchapter 2 - CONSTRUCTION OF WASTEWATER TREATMENT FACILITIES › Section 7:14-2.1 - Construction procedures

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall require and adhere to the procedures
				  identified in this subchapter. Actions or procedures by owners, permittees,
				  consultants, contractors, or other persons affected by this subchapter which
				  are not in accordance with this subchapter shall not be acceptable to the
				  Department. Where applicable, the Department may grant a waiver from any
				  requirement of this subchapter upon presentation of written justification by
				  the owner, permittee, consultant or contractor.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14 - WATER POLLUTION CONTROL ACT › Subchapter 2 - CONSTRUCTION OF WASTEWATER TREATMENT FACILITIES › Section 7:14-2.2 - Record drawings; collector sewers, interceptor sewers and force mains

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner shall
				be responsible for the preparation of all record drawings required for sewer
				lines. This responsibility may be delegated to the owner's representative with
				adequate compensation for this service.
(b) This responsibility shall not be
				delegated or transferred to the contractor. The contractor shall assist the
				owner/engineer, by providing record information, when requested, during the
				progress of the work.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14 - WATER POLLUTION CONTROL ACT › Subchapter 2 - CONSTRUCTION OF WASTEWATER TREATMENT FACILITIES › Section 7:14-2.3 - Permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Federal, State,
				county and municipal permits required as a result of the construction activity
				within the delineated site shall be obtained by the owner and associated fees
				shall be paid by the owner. In addition, permits required for construction
				activities on railroad properties shall be obtained by the owner.
(b) Exceptions to this section shall be a
				permit to use explosives for rock excavation and such other permits which by
				law are required to be obtained by the contractor.
(c) The owner shall make every reasonable
				effort to identify permits and fees and costs required as a result of the
				construction activity in effect 60 days prior to the receipt of construction
				bids. This responsibility may be delegated to the owner's engineer with
				adequate compensation for this service. The engineer shall be held harmless
				from any penalty or action resulting from the failure to obtain a permit where
				every reasonable effort has been made by the engineer to obtain such permits.
				Conditions made a part of any permit shall be imposed upon the contractor as
				described in the contract or bid documents. Additional costs associated with a
				permit resulting from the construction activity which is beyond that stipulated
				in the contract shall be the responsibility of the contractor.
(d) Whenever necessary or appropriate the
				contractor shall assist the owner in the acquisition of permits.
(e) The Department may intercede and assist
				in the resolution of any problems resulting from the acquisition of any
				permits.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14 - WATER POLLUTION CONTROL ACT › Subchapter 2 - CONSTRUCTION OF WASTEWATER TREATMENT FACILITIES › Section 7:14-2.4 - Easements/rights-of-way

Current through Register Vol. 56, No. 14, July 15, 2024
An interruption of construction or an extension of contract
				  time may be a basis for a claim by a contractor for additional cost when such
				  interruption or extension is caused by the owner's inability to obtain an
				  easement/right-of-way. Claims shall include any reasonable cost incurred by the
				  contractor and shall be reviewed and approved by the owner prior to submission
				  to the Department. The Department may approve all, any portion, or deny the
				  cost for eligibility for projects funded under the Grant Program.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14 - WATER POLLUTION CONTROL ACT › Subchapter 2 - CONSTRUCTION OF WASTEWATER TREATMENT FACILITIES › Section 7:14-2.5 - Field layout (baseline and monuments)

Current through Register Vol. 56, No. 14, July 15, 2024
The owner shall be responsible to establish and confirm
				  field controls prior to start of construction. The contractor shall not be
				  liable to check the accuracy of field controls (baseline and monuments) for
				  sewer pipe installation. However, the contractor's layout must be based on a
				  minimum of two field control points. Whenever the contractor detects an error
				  in the field controls during pipe installation, the contractor shall
				  immediately notify the owner and the owner's engineer of such error with
				  sufficient documentation. The contractor shall be held responsible for all
				  corrective measures and associated costs for failure to notify the owner of
				  such error.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14 - WATER POLLUTION CONTROL ACT › Subchapter 2 - CONSTRUCTION OF WASTEWATER TREATMENT FACILITIES › Section 7:14-2.6 - Engineer design activities: plan scale and plan updating

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On occasion,
				projects do not go to construction within a reasonable time after the bid
				advertisement. During this period, utilities may be relocated or installed, as
				well as other changes which can take place that are unknown to the contractor.
				Because of this, problems can take place during construction and result in
				numerous change orders and increases in the cost of the project.
(b) The horizontal scale for construction
				plans for sewerage facilities shall not be less than one inch equals 100 feet.
				A larger horizontal scale shall be used where appropriate to show sufficient
				detail to construct the project. The vertical scale for construction plans for
				sewerage facilities shall be not less than one inch equals 10 feet. Based upon
				the best information available, the location of underground utilities and
				support structures for overhead utilities shall be shown on the
				plans.
(c) Construction plans for
				sewerage facilities shall be updated whenever the bid advertisement date
				exceeds one year after approval by the responsible State or Federal regulatory
				agency. The engineer shall receive adequate compensation for updating plans and
				specifications. All such revisions shall be noted and dated on the plans prior
				to bid.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14 - WATER POLLUTION CONTROL ACT › Subchapter 2 - CONSTRUCTION OF WASTEWATER TREATMENT FACILITIES › Section 7:14-2.7 - Construction, overhead and profit factors for Extra Work compensation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The contractor
				is entitled to all identifiable direct job costs associated with Extra Work
				excluding subcontractor's costs. For Extra Work not in excess of $ 10,000 the
				contractors may add up to 10 percent overhead factor to their identifiable
				direct job costs, but excluding the cost of any subcontracting, plus up to a 10
				percent profit factor to their identifiable direct costs plus overhead
				amount.
(b) As general policy,
				these overhead and profit factors may be accepted by owners as reasonable in
				lieu of requiring the submission of additional supporting data. However, the
				owner must reserve its right to review any cost or profit element on a
				case-by-case basis, where the submission for overhead and profit is in excess
				of the 10 percent overhead and 10 percent profit indicated above.
(c) Cost increase in subcontracted work may
				be similarly handled and a prime contractor may add up to 10 percent to the
				total cost (including overhead and profit factors) incurred by the
				subcontractor. In such cases, the same reservations for rights shall
				apply.
(d) For Extra Work in the
				amount of $ 10,000 to $ 100,000, the above factors may be included initially
				for equitable adjustments but will be subject to negotiation, cost and pricing
				data, and owner review requirements. Federally funded projects will be governed
				by Federal regulations.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14 - WATER POLLUTION CONTROL ACT › Subchapter 2 - CONSTRUCTION OF WASTEWATER TREATMENT FACILITIES › Section 7:14-2.8 - Payments to contractors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At least 20
				days before each monthly progress payment falls due for approval (but not more
				often than once per month), the contractor will submit to the engineer a
				partial payment estimate filled out and signed by the contractor covering the
				work performed during the period covered by the partial payment estimate and
				supported by such data as the engineer may reasonably require. Where any
				specific item(s) in the partial payment estimate is in dispute, the engineer
				may delete those costs from the estimate and approve the acceptable portion of
				the payment request. Payment requested for stored materials and/or equipment
				shall be subject to the following conditions being met or satisfied:
1. The materials and/or equipment shall be
				received in a condition satisfactory for incorporation in the work.
2. The materials and/or equipment shall be
				stored in such manner that they will not be damaged due to weather,
				construction operations or any other cause.
3. An invoice from the supplier shall be
				furnished for each item on which payment is requested.
4. The contractor shall furnish written proof
				from the supplier of 90 percent payment for the materials and/or equipment no
				later than 30 days after receipt of payment for same from the owner. The owner
				shall have the right to deduct from the next payment estimate an amount equal
				to the payment for said material and/or equipment if reasonable and adequate
				proof is not submitted.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14 - WATER POLLUTION CONTROL ACT › Subchapter 2 - CONSTRUCTION OF WASTEWATER TREATMENT FACILITIES › Section 7:14-2.9 - Mobilization: unit price contracts for sewer construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Mobilization
				shall consist of the cost of initiating the contract. Payment for mobilization
				will be made at the lump sum price bid for this item in the proposal, which
				price shall include the cost of initiating the contract. The provisions for
				payment for the item mobilization supersede any provisions elsewhere in the
				specifications for including the costs of these initial services and facilities
				in the prices bid for the various items scheduled in the proposal. The lump sum
				price bid for mobilization shall be payable to the contractor whenever he shall
				have completed 10 percent of the work of the contract. For the purposes of this
				item, 10 percent of the work shall be considered completed when the total of
				payments earned, exclusive of the amount bid for this item, shown on the
				monthly certificates of the approximate quantities of work done, shall exceed
				10 percent of the total price bid for the contract.
(b) The lump sum price bid for mobilization
				is limited to the following maximum amounts:
Original Contract Amount (including
						Mobilization)
From More Than
To and Including
Maximum
						Amount for Item of
Mobilization
$ 0
$ 100,000
$ 3,000
100,000
500,000
15,000
500,000
1,000,000
30,000
1,000,000
2,000,000
60,000
2,000,000
3,000,000
90,000
3,000,000
4,000,000
120,000
4,000,000
5,000,000
125,000
5,000,000
6,000,000
150,000
6,000,000
7,000,000
175,000
7,000,000
10,000,000
200,000
10,000,000
--
2.5% of Amount Bid
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14 - WATER POLLUTION CONTROL ACT › Subchapter 2 - CONSTRUCTION OF WASTEWATER TREATMENT FACILITIES › Section 7:14-2.10 - Bid items for sewer pipe installation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section
				establishes bid items which shall be included in unit price contracts for sewer
				pipe installation where applicable.
Description
Unit of Measure
1.
Test Pits
Cubic Yard
2.
Stone Foundation (bedding)
Cubic
						  Yard
3.
Select Material (below and above pipe
						  grade)
Cubic Yard
4.
Rock Excavation (including removal and
						  disposal
Cubic Yard
of boulders)
5.
Wood Sheeting (install and remove where
						  shown
Square Feet or1000
on plans)
Board Feet
6.
Wood Sheeting (left in place where shown
						  on
Square Feet or1000
plans)
Board Feet
7.
Steel Sheeting (install and remove where
						  shown
Square Feet orTons
on plans)
8.
Steel Sheeting (left in place where shown
						  on
Square Feet orTons
plans)
9.
Permanent Pavement Gravel
Square
						  Yard
10.
Pavement
i.
Municipal:
(1)
Temporary which shall be
						  removed
Square Yard
(where applicable)
(2)
Base
Square Yard
(3)
Top
Square Yard
ii.
County:
(1)
Temporary which shall be
						  removed
Square Yard
(where applicable)
(2)
Base
Square Yard
(3)
Top
Square Yard
iii.
State:
(1)
Temporary which shall be
						  removed
Square Yard
(where applicable)
(2)
Base
Square Yard
(3)
Top
Square Yard
11.
Testing
Linear Feet
12.
Concrete Cradle or Encasement (to be
						  identified
Cubic Yard
where applicable)
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14 - WATER POLLUTION CONTROL ACT › Subchapter 2 - CONSTRUCTION OF WASTEWATER TREATMENT FACILITIES › Section 7:14-2.11 - Reasonable minimum unit prices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section
				establishes reasonable minimum unit prices for indeterminate items, where
				applicable, for sewer pipe installation. Indeterminate items are those items
				which may be anticipated and for which quantities cannot be
				determined.
(b) The reasonable
				minimum unit prices are to be established by the owner/engineer for the
				following items:
1. Stone
				Foundation;
2. Select
				Material;
3. Concrete Cradle or
				Encasement--Nonreinforced;
4.
				Concrete Cradle or Encasement--Reinforced;
5. Test Pits;
6. Rock Excavation;
7. Wood Sheeting (install and remove)--square
				feet or 1000 board feet;
8. Wood
				Sheeting (left in place)--square feet or 1000 board feet;
9. Steel Sheeting (install and
				remove)--square feet or tons;
10.
				Steel Sheeting (left in place)--square feet or tons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14 - WATER POLLUTION CONTROL ACT › Subchapter 2 - CONSTRUCTION OF WASTEWATER TREATMENT FACILITIES › Section 7:14-2.12 - Payment widths, trench backfill and roadway paving for Federally funded sewer projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section
				establishes eligible payment widths for select fill used for trench backfill
				and roadway pavement for federally funded sewer projects.
(b) Select trench backfill payment width:
1. Select trench backfill will be eligible
				for grant funding when the excavated material is totally or partially
				unacceptable for reuse as trench backfill. When the unacceptable material must
				be replaced with approved select backfill in a trench with a depth of 10 feet
				or less from the top of the pipe, the eligible payment width shall be Bd as
				shown below. For trenches of a greater depth the maximum eligible payment width
				shall be Bd plus H for the depth of unsuitable material as measured at the time
				of excavation.
2. When trench width
				is less than Bd plus H, the actual width shall control the payment.
Data in
				  image
3. Bd
				equals Maximum trench width (measured at the top of the pipe) allowed by the
				engineer for the type and strength class of pipe being installed.
4. The owner/engineer must make every effort
				to minimize the use of select fill. Marginal backfill material (material which
				is not acceptable for use in the pipe envelope or as a subbase for roadways)
				will be limited to the midzone of the trench. The midzone is defined as that
				portion of the trench beginning two feet above the top of the pipe, after
				compaction of the pipe envelope, to a point two feet below the final road or
				easement elevation. The owner/engineer must make all final decisions concerning
				the above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14 - WATER POLLUTION CONTROL ACT › Subchapter 2 - CONSTRUCTION OF WASTEWATER TREATMENT FACILITIES › Section 7:14-2.13 - Excavation material unacceptable or conditionally acceptable for reuse as trench backfill

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				trench excavation materials are unacceptable as trench backfill:
1. Any excavation materials that will cause
				damage to the piping systems;
2.
				Any excavation material that cannot be compacted or consolidated to yield the
				desired density as specified in the contract specifications;
3. Trees, stumps and foreign
				material.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14 - WATER POLLUTION CONTROL ACT › Subchapter 2 - CONSTRUCTION OF WASTEWATER TREATMENT FACILITIES › Section 7:14-2.14 - Construction equipment costs compensation for extra work

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The contractor
				is entitled to all identifiable direct job equipment costs associated with
				extra work. The compensable cost for construction equipment shall be based upon
				the most current costs established in "Rental Rates for Construction Equipment"
				and "Rental Rates for Older Construction Equipment" (Blue Book), Dataquest
				Incorporated, A.C. Nielsen Company, San Jose, CA, 1983.
(b) Overhead and profits factors allowed in
				7:14-2.7, shall only be applied to
				the rates charged for rental equipment used by the contractor for extra
				work.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14 - WATER POLLUTION CONTROL ACT › Subchapter 2 - CONSTRUCTION OF WASTEWATER TREATMENT FACILITIES › Section 7:14-2.15 - Substantial and final completion of pipe projects; contractor's guarantees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The contractor
				shall notify the owner/engineer in writing when the contract work is
				substantially complete as defined by
				7:14-2.8(d).
				Within a reasonable time, the owner/engineer shall inspect the work.
(b) If the owner/engineer considers the work
				to be substantially complete, and before the Certificate of Substantial
				Completion is issued, the contractor shall:
1.
				Submit a construction schedule for the remaining work to be completed,
				and
2. Warrant and guarantee, for a
				period of one year or for a period as otherwise specified, from the date of
				Substantial Completion, that the completed work is free from defects due to
				faulty materials, equipment or workmanship. The Performance Bond shall remain
				in effect through the guarantee period.
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 7:14-8.3 - Procedures for assessment, payment and settlement of civil administrative penalties, and affirmative defenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To assess a
				civil administrative penalty or any other costs allowed under the Water
				Pollution Control Act, the New Jersey Underground Storage of Hazardous
				Substances Act, and the Water Supply and Wastewater Operators' Licensing Act,
				the Department shall notify the violator by certified mail (return receipt
				requested) or by personal service. This Notice of Civil Administrative Penalty
				Assessment shall:
1. Identify the section of
				the statute, rule, water quality standards, effluent limitation, administrative
				order or permit violated;
2.
				Concisely state the facts which constitute the violation;
3. Specify the amount of the civil
				administrative penalty to be imposed and give notice of other allowable costs
				to be sought; and
4. Advise the
				violator of the right to request an adjudicatory hearing pursuant to the
				procedures in
				7:14-8.4.
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 7:14-8.3A - Public comment on interim enforcement limits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The procedures
				for soliciting public comment on proposed interim enforcement limits in
				administrative consent orders are provided in this section.
1. The violator shall provide notice of
				proposed interim enforcement limits to be established in its administrative
				consent order and an opportunity for the public, for at least 30 days from the
				publication of the notice, to comment on the proposal.
2. The violator shall submit to the
				Department a proposed plan to provide the public notice required in (b) through
				(d) below.
3. Upon the violator's
				receipt of the Department's written approval of the violator's plan to provide
				public notice, the violator shall provide the public notice as approved by the
				Department.
4. The violator shall
				provide the public notice in accordance with (b) and (c) below.
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 7:14-8.4A - Grace period applicability; procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				violation identified in the tables at
				7:14-8.18 by an "M" in the Type of
				Violation column and for which the conditions at (c) below are satisfied, is a
				minor violation, and is subject to a grace period, the length of which is
				indicated in the column with the heading Grace Period.
(b) Each violation identified in the tables
				at 7:14-8.18 by an "NM" in the Type of
				Violation column is a non-minor violation and is not subject to a grace
				period.
(c) Notwithstanding (a)
				above, and the designation of a violation as minor in Table 2 below, the
				Department or a local government agency shall provide a grace period for any
				violation identified as minor under this section, provided the following
				conditions are met:
1. The violation is not
				the result of the purposeful, knowing, reckless or criminally negligent conduct
				of the person responsible for the violation;
2. The activity or condition constituting the
				violation has existed for less than 12 months prior to the date of discovery by
				the Department or local government agency;
3. In the case of a violation that involves a
				permit, the person responsible for the violation has not been identified in a
				previous enforcement action by the Department or local government agency as
				responsible for a violation of the same requirement of the same permit within
				the preceding 12-month period;
4.
				In the case of a violation that does not involve a permit, the person
				responsible for the violation has not been notified in a previous enforcement
				action by the Department or local government agency as responsible for the same
				or a substantially similar violation at the same facility within the preceding
				12-month period; and
5. In the case
				of any violation, the person responsible for the violation has not been
				identified by the Department or local government agency as responsible for the
				same or substantially similar violations at any time that reasonably indicate a
				pattern of illegal conduct and not isolated incidents on the part of the person
				responsible;
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 7:14-8.5 - Civil administrative penalty determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may assess a civil administrative penalty pursuant to this section of not more
				than $ 50,000 for each violation of each provision of the Water Pollution
				Control Act and for violations of any rule, water quality standards, effluent
				limitation, administrative order or permit issued pursuant thereto. The
				Department shall assess a minimum mandatory civil administrative penalty for
				violations which occur after June 30, 1991 in an amount:
1. Not less than $ 5,000 for each violation
				that causes a violator to be, or continue to be, a significant noncomplier;
				or
2. Not less than $ 1,000 for
				each serious violation.
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 7:14-8.6 - Civil administrative penalty for submitting inaccurate or false information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may assess a civil administrative penalty pursuant to this section against each
				violator who submits inaccurate information or who makes a false statement,
				representation, or certification in any application, record, or other document
				required to be submitted or maintained, or who falsifies, tampers with or
				renders inaccurate any monitoring device or method required to be maintained
				under the Water Pollution Control Act or the New Jersey Underground Storage of
				Hazardous Substances Act or any rule, water quality standard, effluent
				limitation, administrative order or permit issued pursuant thereto.
(b) Each day, from the day of submittal by
				the violator of the false or inaccurate information to the Department to the
				day of receipt by the Department of a written correction by the violator shall
				be an additional, separate and distinct violation.
(c) The Department shall assess a civil
				administrative penalty for violations described in this section based on the
				conduct of the violator at the midpoint of the following ranges except as
				adjusted pursuant to (d) below:
1. For each
				intentional, deliberate, purposeful knowing or willful act or omission by the
				violator, the civil administrative penalty shall be in an amount up to $ 50,000
				per act or omission;
2. For each
				other violation not identified pursuant to (c)1 above for which the violator
				does not correct the violation within 10 days after becoming aware of the
				violation, the civil administrative penalty shall be in an amount up to $
				30,000; and
3. For each other
				violation not identified pursuant to (c)1 above for which the violator corrects
				the violation within 10 days after becoming aware of the violation, the civil
				administrative penalty shall be in an amount up to $ 1,000.
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 7:14-8.7 - Civil administrative penalty for failure to allow lawful entry and inspection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may assess a civil administrative penalty pursuant to this section against each
				violator who refuses, inhibits or prohibits immediate lawful entry and
				inspection of any premises, building or place by any authorized Department
				representative.
(b) Each day, from
				the initial day of failure by the violator to allow immediate lawful entry and
				inspection to the day of receipt by the Department of written notification from
				the violator that the violator will not refuse, inhibit or prohibit immediate
				lawful entry and inspection, shall be an additional, separate and distinct
				violation.
(c) The Department shall
				assess a civil administrative penalty for violations described in this section
				at the midpoint of the following ranges except as adjusted pursuant to (d)
				below:
1. For refusing, inhibiting or
				prohibiting immediate lawful entry and inspection of any premises, building or
				place for which an administrative order or permit exists under the Water
				Pollution Control Act or the New Jersey Underground Storage of Hazardous
				Substances Act, the civil administrative penalty shall be in an amount up to $
				50,000; and
2. For any other
				refusal, inhibition or prohibition of immediate lawful entry and inspection,
				the civil administrative penalty shall be in an amount up to $ 8,000.
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 7:14-8.8 - Civil administrative penalty for conducting unapproved activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may assess a civil administrative penalty pursuant to this section against each
				violator who approves, endorses, allows construction or operation to commence
				or proceed, builds, modifies, installs, replaces, expands or operates a
				facility or treatment works, as defined by N.J.A.C. 7:14A, without the proper
				authorization or in violation of any rule, administrative order, sewer
				connection ban, or permit issued or imposed pursuant to the Water Pollution
				Control Act.
(b) The Department
				shall determine the amount of the civil administrative penalty for violations
				described in this section based on the seriousness of the violation and conduct
				of the violator based on the following:
1.
				For any unauthorized approval, endorsement or allowance to commence or proceed
				to build, modify, install, replace, expand or operate a facility or treatment
				works, the civil administrative penalty shall be in an amount determined as
				follows: civil administrative penalty = (seriousness) x (conduct) x ($ 1.00)
i. The seriousness factor shall be equal to
				one-half of the design flow (in gallons per day) indicated in the permit
				application for that facility or project, or if there is no permit application,
				then from the Projected Flow table in
				7:14A-23.3; and
ii. The conduct factor is either:
(1) 1.00 if the conduct is intentional,
				deliberate, purposeful, knowing or willful; or
(2) 0.75 for any other conduct.
iii. Each approval, endorsement or
				allowance to commence or proceed shall be considered an additional, separate
				and distinct violation;
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 7:14-8.9 - Civil administrative penalty for failure to properly conduct monitoring or sampling under the Water Pollution Control Act

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may assess a civil administrative penalty pursuant to this section against each
				violator who fails to carry out monitoring or sampling activities or to submit
				discharge monitoring reports, baseline monitoring reports, monitoring report
				forms or sludge quality assurance reports required by the Water Pollution
				Control Act or any rule, water quality standard, effluent limitation,
				administrative order or permit issued pursuant thereto.
(b) Each violation, including each parameter
				that is required to be monitored, sampled and reported and that is not
				monitored, sampled and reported, is an additional, separate and distinct
				violation. Each day during which a violation continues shall constitute an
				additional, separate and distinct violation.
(c) Except as provided in (e) below, the
				Department shall assess a civil administrative penalty for violations described
				in this section based on the conduct of the violator at the midpoint of the
				following ranges except as adjusted pursuant to (d) below:
1. For any intentional, deliberate,
				purposeful, knowing or willful act or omission by the violator, the civil
				administrative penalty shall be in an amount up to $ 50,000;
2. For any unintentional but foreseeable act
				or omission by the violator, the civil administrative penalty shall be in
				amount up to $ 40,000; or
3. For
				any other violations the civil administrative penalty shall be in an amount up
				to $ 20,000.
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 7:14-8.10 - Civil administrative penalty for failure to pay a fee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may assess a civil administrative penalty pursuant to this section against each
				violator who fails to pay a fee when due pursuant to the Water Pollution
				Control Act or the New Jersey Underground Storage of Hazardous Substances
				Act.
(b) Each day a fee is not paid
				after it is due shall constitute an additional, separate and distinct
				violation.
(c) The Department shall
				determine the amount of the civil administrative penalty for violations
				described in this section based on an amount equal to the unpaid fee, up to a
				maximum of $ 50,000 per violation.
(d) A violation under this section is
				non-minor and, therefore, not subject to a grace period.
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 7:14-8.12 - Civil administrative penalty for violation of whole effluent toxicity limitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may assess a civil administrative penalty for violations of whole effluent
				toxicity limitations expressed as median Lethal Concentration (LC50), a No
				Observed Adverse Effect Concentration (NOAEC), a No Observable Effect
				Concentration (NOEC), an Inhibition Concentration (IC25) or No Measurable Acute
				Toxicity (NMAT) pursuant to this section.
(b) Each violation of a whole effluent
				toxicity limitation shall constitute an additional, separate and distinct
				violation.
(c) To assess a civil
				administrative penalty pursuant to this section the Department shall identify
				the civil administrative penalty range pursuant to (d) or (e) below.
(d) The Department shall determine the range
				for the civil administrative penalty for violations of whole effluent toxicity
				limitations expressed as median Lethal Concentration (LC50), a No Observed
				Adverse Effect Concentration (NOAEC), a No Observable Effect Concentration
				(NOEC), or an Inhibition Concentration (IC25) described in this section as
				follows, except as adjusted pursuant to (f) below:
1. For any violation of an LC50, a NOEC or an
				IC25 limit included in the following table, the civil administrative penalty
				shall be in an amount up to $ 50,000, when upon subtracting the toxicity test
				result from the whole effluent toxicity limit, the difference is as follows:
Whole Effluent Toxicity
						  Limit
Difference
(% Effluent)
(%
						  Effluent)
greater than or equal to 80 and less than or
equal to 100
greater than or equal to 20
greater than or equal to 50 and less than
						  80
greater than or equal to 15
greater than 10 and less than 50
greater than
						  or equal to 10
less than or equal to 10
greater than or equal
						  to 9
2.
				For any other violation of an LC50, a NOEC or IC25 limit the civil
				administrative penalty shall be in an amount up to $ 40,000.
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 7:14-8.13 - Civil administrative penalty for economic benefit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the
				Department determines that the violator has gained an economic benefit from a
				violation, the Department shall, in addition to any other civil administrative
				penalty assessed pursuant to this subchapter, include as part of a civil
				administrative penalty the economic benefit (in dollars) which the violator has
				realized as a result of not complying, or by delaying compliance, with the
				requirements of the Water Pollution Control Act, the New Jersey Underground
				Storage of Hazardous Substances Act or any rule, water quality standard,
				effluent limitation, administrative order or permit issued pursuant
				thereto.
(b) Economic benefit shall
				include:
1. The amount of savings realized
				from avoided capital or noncapital costs resulting from the
				violation;
2. The return earned or
				that may be earned on the amount of the avoided costs;
3. Any benefits accruing to the violator as a
				result of a competitive market advantage enjoyed by reason of the violation;
				and
4. Any other benefits resulting
				from the violation.
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 7:14-8.14 - Civil administrative penalty for failing to comply with an information request or administrative subpoena, and the destruction of records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may assess a civil administrative penalty pursuant to this section against each
				violator who fails to completely respond to an information request or
				administrative subpoena, or destroys records relating to a discharge to surface
				water within five years of the discharge, or to a discharge to ground water at
				any time without the prior written permission of the Department.
(b) Each day that the violator does not fully
				respond to any item in an information request or administrative subpoena and
				each item in an information request or administrative subpoena that is not
				fully responded to shall be an additional, separate and distinct
				violation.
(c) The Department shall
				assess a civil administrative penalty for each failure to completely respond to
				an information request or administrative subpoena in an amount up to $ 50,000
				based on the following factors:
1. The
				substantive responsiveness of the violator's response to the information
				request or administrative subpoena;
2. Number of items in the information request
				or administrative subpoena which the violator attempted to respond
				to;
3. Number of items in the
				information request or administrative subpoena which the violator did not
				respond to;
4. The timeliness of
				the violator's response; and
5. Any
				other relevant factors.
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 7:14-8.16 - Civil administrative penalty determination for indirect dischargers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may assess a civil administrative penalty against any indirect discharger of
				not more than $ 50,000, for each violation of each provision of the Water
				Pollution Control Act and for each violation of any rule, pretreatment
				standard, effluent limitation, administrative order or permit issued pursuant
				thereto. The Department shall assess a minimum mandatory civil administrative
				penalty in an amount:
1. Not less than $
				1,000 for each serious violation as defined under
				7:14-8.2; and
2. Not less than $ 5,000 for each violation
				that causes a violator to be, or continue to be, a significant noncomplier as
				defined under
				7:14-8.2.