New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27A - AIR ADMINISTRATIVE PROCEDURES AND PENALTIES › Subchapter 3 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:27A-3.10 - Civil administrative penalties for violation of rules adopted pursuant to the Act

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may assess a civil administrative penalty of not more than $ 10,000 for the first offense, not more than $ 25,000 for the second offense, and not more than $ 50,000 for the third and each subsequent offense for each violation of the Act or of any rule promulgated pursuant to the Act listed in (m) and (n) below.
(b) Each violation of each provision of the Act, or any rule promulgated pursuant thereto, shall constitute a separate and distinct offense.
(c) Each day during which the violation continues shall constitute an additional, separate, and distinct offense.
(d) Except as provided for in (e) and (f) below, the Department may, in its discretion, treat an offense as a first offense solely for civil administrative penalty determination purposes, if the violator has not committed the same offense in the five years immediately preceding the date of the pending offense.
(e) For violations of N.J.A.C. 7:27-8.3(e) and N.J.A.C. 7:27-22.3(c) or (e) indicated by a continuous monitoring system, the Department shall calculate penalties in accordance with (n)1 below and may, in its discretion for purposes of determining the statutory maximum penalty for an offense, treat an offense as a first offense for civil administrative penalty determination purposes, at the beginning of each calendar quarter.
(f) For violations of N.J.A.C. 7:27-8.3(e) and N.J.A.C. 7:27-22.3(d) or (e) when a continuous monitoring system operates out of control or is out of service, the Department shall calculate penalties in accordance with (n)2 below and may, in its discretion, treat an offense as a first offense for civil administrative penalty determination purposes, if the violator has not committed the same offense in the four consecutive calendar quarters immediately preceding the first day of the calendar quarter during which the pending offense was committed.
(g) Where the civil administrative penalty for a violation of the Act or of any rule promulgated pursuant to the Act may be determined by using more than one provision of this section, the Department may, in its discretion, assess the highest civil administrative penalty that corresponds to the violation, pursuant to the factors listed in N.J.A.C. 7:27A-3.5(e).
(h) The Department shall determine the amount of the civil administrative penalty for offenses described in this section on the basis of the provision violated and the frequency of the violation.
(i) (Reserved)
(j) The Department may, in its discretion prior to assessment of a civil administrative penalty, adjust the amount of any penalty determined under this section pursuant to the factors listed in N.J.A.C. 7:27A-3.5(e).
(k) For violations of N.J.A.C. 7:27-22.3(a) and (b), the Department shall calculate penalties in accordance with the Civil Administrative Penalty Schedule in (m) below by adding the penalty amounts for each source operation within a facility that is subject to N.J.A.C. 7:27-22. The daily penalty for such violations shall not exceed the amounts set forth in (a) above.
(l) 3, 4, and 8 set forth in the Civil Administrative Penalty Schedule in (m) below are intended solely to put violators on notice that in addition to assessing a civil administrative penalty, the Department may also revoke the violator's Operating Permit, Certificate or variance. These footnotes are not intended to limit the Department's discretion in determining whether or not to revoke an Operating Permit, Certificate or variance, but merely to indicate the situation in which the Department would be most likely to seek revocation .11, 12 and 13 to the Civil Administrative Penalty Schedule in (m) below are intended solely to put violators on notice that in addition to assessing a civil administrative penalty, the Department may revoke the violator's diesel emissions inspector or diesel repair technician certification or the approval of a provider of diesel training. These footnotes are not intended to limit the Department's discretion in determining whether or not to revoke a certificate or training provider approval, but merely to indicate the situation in which the Department would be most likely to take such action.
(m) The violations of N.J.A.C. 7:27, whether the violation is minor or non-minor in accordance with (q) through (t) below, and the civil administrative penalty amounts for each violation are as set forth in the following Civil Administrative Penalty Schedule. The numbers of the following subsections correspond to the numbers of the corresponding subchapter at N.J.A.C. 7:27. The rule summaries for the requirements set forth in the Civil Administrative Penalty Schedule in this subsection are provided for informational purposes only and have no legal effect.
1. (Reserved)
2. The violations of N.J.A.C. 7:27-2, Control and Prohibition of Open Burning, and the civil administrative penalty amounts for each violation are as set forth in the following table:
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3. The violations of N.J.A.C. 7:27-3, Control and Prohibition of Smoke from Combustion of Fuel, and the civil administrative penalty amounts for each violation, per source, are as set forth in the following table:
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4. The violations of N.J.A.C. 7:27-4, Control and Prohibition of Particles from the Combustion of Fuel, and the civil administrative penalty amounts for each violation, per source, are as set forth in the following table:
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5. The violations of N.J.A.C. 7:27-5, Prohibition of Air Pollution, and the civil administrative penalty amounts for each violation, per source, are as set forth in the following tables:
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6. The violations of N.J.A.C. 7:27-6, Control and Prohibition of Particles from Manufacturing Processes, and the civil administrative penalty amounts for each violation, per source, are as set forth in the following table:
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7. The violations of N.J.A.C. 7:27-7.2, Control and Prohibition of Air Pollution from Sulfur Compounds, and the civil administrative penalty amounts for each violation, per source, are as set forth in the following table:
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8. The violations of N.J.A.C. 7:27-8, Permits and Certificates, and the civil administrative penalty amounts for each violation, per source, are as set forth in the following table:
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9. The violations of N.J.A.C. 7:27-9, Control and Prohibition of Air Pollution from Sulfur Dioxide caused by the Combustion of Fuel, and the civil administrative penalty amounts for each violation, per source, are as set forth in the following table:
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10. The violations of N.J.A.C. 7:27-10, Sulfur in Solid Fuels, and the civil administrative penalty amounts for each violation, per source, are as set forth in the following table:
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11. The violations of N.J.A.C. 7:27-11, Incinerators, and the civil administrative penalty amounts for each violation, per source, are as set forth in the following table:
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12. The violations of N.J.A.C. 7:27-12, Prevention and Control of Air Pollution Emergencies, and the civil administrative penalty amounts for each violation, per source, are as set forth in the following table:
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13. The violations of N.J.A.C. 7:27-13, Ambient Air Quality Standards, and the civil administrative penalty amounts for each violation, per source, are as set forth in the following table:
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14. The violations of N.J.A.C. 7:27-14, Control and Prohibition of Air Pollution from Diesel-Powered Motor Vehicles, and the civil administrative penalty amounts for each violation, per vehicle, are as set forth in the following table:
Citation
Class
Type of Violation
First Offense
Second Offense
Third Offense
Fourth and Each Subsequent Offense
N.J.A.C. 7:27-14.3(e)2
Sale/Offer for Sale; Lease/Offer for Lease by owner for four or fewer vehicles Sale/Offer for Sale;
NM
$1,000
$2,000
$5,000
$15,000
Lease/Offer for Lease by owner for five or more vehicles
NM
$2,000
$4,000
$10,000
$30,000
N.J.A.C. 7:27-14.4(a)2
Visible smoke
NM
$250
$500
$1,000
$2,500
N.J.A.C. 7:27-14.4(a)5
Retrofit device or closed crankcase ventilation system tampering
NM
$2,000
$4,000
$10,000
$30,000
15. The violations of N.J.A.C. 7:27-15, Control and Prohibition of Air Pollution from Gasoline-fueled Motor Vehicles, and the civil administrative penalty amounts for each violation, per vehicle or, with respect to N.J.A.C. 7:27-15.7(a)4, per device/component, are as set forth in the following table:
Citation
Class
Type of Violation
First Offense
Second Offense
Third Offense
Fourth and Each Subsequent Offense
N.J.A.C. 7:27-15.3(a)
Visible smoke
NM
$250
$500
$1,000
$2,500
16. The violations of N.J.A.C. 7:27-16, Control and Prohibition of Air Pollution by Volatile Organic Compounds (VOC), and the civil administrative penalty amounts for each violation, per source, are as set forth in the following table:
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17. The violations of N.J.A.C. 7:27-17, Control and Prohibition of Air Pollution by Toxic Substances, and the civil administrative penalty amounts for each violation, per source, are as set forth in the following table:
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18. (Reserved)
19. The violations of N.J.A.C. 7:27-19, Control and Prohibition of Air Pollution from Oxides of Nitrogen, and the civil administrative penalty amounts for each violation, are as set forth in the following table:
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20. The violations of N.J.A.C. 7:27-20, Used Oil Combustion, and the civil administrative penalty amounts for each violation, per source, are as set forth in the following table:
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21. The violations of N.J.A.C. 7:27-21, Emission Statements, and the civil administrative penalty amounts for each violation are as set forth in the following table:
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22. The violations of N.J.A.C. 7:27-22, Operating Permits, and the civil administrative penalty amounts for each violation, per source operation, are set forth in the following tables:
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23. The violations of N.J.A.C. 7:27-23, Architectural Coatings, and the civil administrative penalty amounts for each violation are as set forth in the following table:
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24. Civil administrative penalties for each violation of N.J.A.C. 7:27-24, Control of Air Pollution from Consumer Products, are as set forth in the following table:
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25. The violations of N.J.A.C. 7:27-25, Control and Prohibition of Air Pollution by Vehicular Fuels, and the civil administrative penalty amounts for each violation, per source, are as set forth in the following table:
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26. Civil administrative penalties for each violation of N.J.A.C. 7:27-26, Control of Air Pollution from Adhesives Products, are as set forth in the following table:
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27. The violations of N.J.A.C. 7:27-27, Control and Prohibition of Mercury Emissions, and the civil administrative penalty amounts for each violation are as set forth in the following table:
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28. (Reserved)
28A. The violations of N.J.A.C. 7:27-28A, Model Year 2027 or Later Heavy-Duty New Engine and Vehicle Standards and Requirements, and the civil administrative penalty amounts for each violation, per vehicle, are as set forth in the following table:
Citation
Class
Type of Violation
First Offense
Second Offense
Third Offense
Fourth and Each Subsequent Offense
N.J.A.C. 7:27-28A.4N.J.A.C. 7:27-28A.6
Deliver for sale, offer for sale, sell, import, deliver, purchase, rent, acquire, receive, or register a new motor vehicle or new motor vehicle engine not certified by CARB Prohibition against stockpiling
NM NM
$2,500 $2,500
$5,000 $5,000
$12,500 $12,500
$30,000 $30,000
N.J.A.C. 7:27-28A.8(a)
Recall due to an order or enforcement action taken by the CARB to correct noncompliance with any section of Title 13 of the California Code of Regulations
NM
$2,000
$4,000
$10,000
$30,000
N.J.A.C. 7:27-28A.8(b)
Emission-related recall campaign, voluntary or otherwise, initiated by any manufacturer
NM
$2,000
$4,000
$10,000
$30,000
N.J.A.C. 7:27-28A.9
Recordkeeping
M
$500
$1,000
$2,500
$7,500
29. The violations of N.J.A.C. 7:27-29, Low Emission Vehicle Program, and the civil administrative penalty amounts for each violation, per vehicle, are as set forth in the following table:
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29A. The violations of N.J.A.C. 7:27-29A, New Jersey Advanced Clean Cars II Program, and the civil administrative penalty amounts for each violation, per vehicle, are as set forth in the following table:
Citation
Rule Summary
Type of Violation
First Offense
Second Offense
Third Offense
Fourth and Each Subsequent Offense
N.J.A.C. 7:27-29A.3(a)
Delivery of non-certified vehicle
NM
$2,500
$5,000
$12,500
N.J.A.C. 7:27-29A.4(a)
Failure to report production volume
M
$500
$1,000
$2,500
N.J.A.C. 7:27-29A.4(b)
Failure to pay an annual fee
M
$500
$1,000
$2,500
N.J.A.C. 7:27-29A.6(b)
Failure to provide reports upon request
M
$500
$1,000
$2,500
N.J.A.C. 7:27-29A.7 incorporating by reference 13 CCR 1961.4
Failure to meet fleet-wide average
NM
$5,000
$10,000
$25,000
N.J.A.C. 7:27-29A.7 incorporating by reference 13 CCR 1962.4
Failure to meet ZEV sales requirement
NM
$5,000
$10,000
$25,000
N.J.A.C. 7:27-29A.7 incorporating by reference 13 CCR 1962.4
Failure to comply with ZEV reporting requirements
M
$500
$1,000
$2,500
30. (Reserved)
31. The violations of N.J.A.C. 7:27-31, Advanced Clean Truck Program, and the civil administrative penalty amounts for each violation, per vehicle, are as set forth in the following table:
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32. The violations of N.J.A.C. 7:27-32, Diesel Retrofit Program, and the civil administrative penalty amounts for each violation, per vehicle or piece of equipment for each day of violation, are as set forth in the following table:
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33. The violations of N.J.A.C. 7:27-33, Fleet Reporting Requirements, and the civil administrative penalty amounts for each violation are as set forth in the following table:
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34. The violations of N.J.A.C. 7:27-34, Mobile Cargo Handling Equipment at Ports and Intermodal Rail Yards, and the civil administrative penalty amounts for each violation, per vehicle or piece of equipment, are set forth in the following table:
Citation
Class
Type of Violation
First Offense
Second Offense
Third Offense
Fourth and Each Subsequent Offense
N.J.A.C. 7:27-34.4(b)
Violating sales prohibition
NM
$2,500
$5,000
$12,500
$30,000
N.J.A.C. 7:27-34.5, 34.6, and 34.7
Failure to meet performance standards
NM
$2,500
$5,000
$12,500
$30,000
N.J.A.C. 7:27-34.8
Failure to meet opacity standards
NM
$1,000
$2,000
$5,000
$15,000
N.J.A.C. 7:27-34.10
Failure to comply with alternate compliance options
NM
$2,500
$5,000
$12,500
$30,000
N.J.A.C. 7:27-34.11
Failure to submit a compliance extension in a timely manner
NM
$400
$800
$2,000
$6,000
N.J.A.C. 7:27-34.11
Failure to meet the terms of a compliance extension
NM
$2,500
$5,000
$12,500
$30,000
N.J.A.C. 7:27-34.11
Failure to maintain operation records for engines with a compliance extension
M
$400
$800
$2,000
$6,000
N.J.A.C. 7:27-34.12
Failure to meet terms of transfer approval
NM
$2,500
$5,000
$12,500
$30,000
N.J.A.C. 7:27-34.13
Failure to submit a compliance plan for equipment at low-throughput ports
M
$400
$800
$2,000
$6,000
N.J.A.C. 7:27-34.14
Failure to submit reports
M
$400
$800
$2,000
$6,000
N.J.A.C. 7:27-34.15
Failure to keep records
M
$400
$800
$2,000
$6,000