N.J. Admin. Code § 14:2-6.2

Current through Register Vol. 56, No. 18, September 16, 2024

Section 14:2-6.2 - Penalty amounts

(a) Except as provided pursuant to (b) below, an operator, an excavator, or the One-Call System operator, that violates any provision of this chapter, the Underground Facility Protection Act, or an order adopted pursuant thereto, shall be liable to a penalty of not less than $ 1,000 and not more than $ 2,500 per day for each day the violation continues, except that the maximum civil penalty shall not exceed $ 25,000 for any related series of violations.

(b) Notwithstanding any provision of this chapter or of 48:2-88 to the contrary, a person who is determined by the Board, after notice and opportunity to be heard, to have violated any provision of this chapter, the Underground Facility Protection Act, or an order adopted pursuant thereto, with respect to a natural gas underground pipeline or distribution facility or a hazardous liquid underground pipeline or distribution facility, shall be liable to a civil penalty in the amount set forth in the Board's natural gas pipeline safety rules at 14:7-2.7.

(c) In determining the amount of the penalty assessed, or an amount agreed upon in compromise, the Board shall consider:

1. The nature, circumstances and gravity of the violation(s);

2. The degree of the violator's culpability;

3. Any history of prior violations;

4. The prospective effect of the penalty upon the ability of the violator to conduct business;

5. Any good faith effort by the violator to achieve compliance;

6. The violator's ability to pay the penalty; and

7. Any other factors justice may require.

(d) Neither the assessment of a penalty nor the payment of a penalty shall be deemed to affect the availability of any other enforcement provision provided for by law, in connection with the violation for which the assessment is levied or any other violation.

(e) All civil penalties recovered pursuant to this chapter shall be paid into the General Fund.

N.J. Admin. Code § 14:2-6.2

Administrative Change,47 N.J.R. 2636(c)

Amended by 54 N.J.R. 1417(a), effective 7/18/2022