New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26A - RECYCLING RULES › Subchapter 9 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:26A-9.4 - 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 pursuant to this section of not more than $ 50,000 for each violation of each requirement of any rule listed in 7:26A-9.4(g).
(b) Each violation of a rule listed in 7:26A-9.4(g)  shall constitute an additional, separate and distinct violation.
(c) Each day during which a violation continues shall constitute an additional, separate and distinct violation.
(d) For each parameter that is required to be monitored, sampled or reported, the failure to so monitor, sample or report shall constitute an additional, separate and distinct violation.
(e) Where any requirement of any rule listed in 7:26A-9.4(g)  may pertain to more than one act, condition, occurrence, item, unit, waste or parameter, the failure to comply with such requirement as it pertains to each such act, condition, occurrence, item, unit, waste or parameter shall constitute an additional, separate and distinct violation.
(f) The Department shall determine the amount of a civil administrative penalty for each violation of any rule listed in (g) below on the basis of the provision violated, according to the procedure in (f)1 through 5 below. For a violation of a requirement or condition of an administrative order, permit, license or other operating authority, the Department may in its sole discretion identify the corresponding requirement of any rule summary listed in (g) below and determine the amount of the civil administrative penalty on the basis of the rule provision violated.
1. Identify the rule violated as listed in (g)1 through 8 below;
2. Identify the corresponding base penalty dollar amount for the rule violated as listed in (g)1 through 8 below;
3. Multiply the base penalty dollar amount times the following multipliers for each factor to obtain the severity penalty component, as applicable:
Severity Factor
Multiplier
i. Violator had violated the same
1.00
rule less than 12 months prior to the
violation
ii. Violator had violated a different
0.50
rule less than 12 months prior to the
violation
iii. Violator had violated the same
0.50
rule during the period which began 24
months prior to the violation and
ended 12 months prior to the violation
iv. Violator had violated a different
0.25
rule during the period which began 24
months prior to the violation and
ended 12 months prior to the violation
4. To obtain the civil administrative penalty, add all of the severity penalty components pursuant to (f)3 above, to the base penalty. If the sum total exceeds $ 50,000, then the civil administrative penalty shall be $ 50,000.
Example:
Base penalty (for violation of 7:26A-3.1(a)  = $ 3,000
Subparagraph (f)3iii applies: 0.50 x 3000 = 1500
Subparagraph (f)3iv applies: 0.25 x 3000 = + 750
Civil administrative penalty $5,250
5. For the purpose of this section, violation of the "same rule" means violation of the same specific requirement of a rule. Where a rule has a list of specific requirements, the same item on the list must be violated to be considered violation of the "same rule."