N.J. Admin. Code § 7:18-10.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:18-10.5 - Civil administrative penalty determination

(a) Each violation of any of the provisions of this chapter or of any order issued pursuant to this chapter shall constitute a separate and distinct offense.

(b) Subject to the provisions of (c) below, the matrix of civil administrative penalties for violations of any provision of this chapter is as follows:

			3rd and
			subsequent
Class of violation	1st violation	2nd violation	violations
Minor	$ 250	$ 500	$ 1,000
Moderate	$ 1,000	$ 2,000	$ 5,000
Major	$ 5,000	$ 10,000	$ 25,000

(c) Notwithstanding (b) above, the civil administrative penalty shall be $ 5,000 for any second or subsequent violation of any provision of this chapter arising in connection with the Safe Drinking Water Program, and which are defined as minor or moderate.

(d) The Department will treat a violation as a first violation for purposes of determining the civil administrative penalty amount if the violator has not committed the same violation in the three calendar year period immediately preceding the date of the violation at issue.

(e) The Department may reduce or increase any penalty assessed pursuant to the provisions of this subchapter, or take additional enforcement action available to it pursuant to law, on the basis of any one or more of the factors listed in (e)1 through 7 below. No such factor constitutes a defense to any violation. The factors are:

1. The compliance history of the violator;

2. The number, frequency and severity of the violations;

3. The measures taken by the violator to mitigate the effects of the current violation or to prevent the occurrence of future violations;

4. The deterrent effect of the penalty;

5. The cooperation of the violator in correcting the violation, remedying any environmental damage caused by the violation and ensuring that the violation does not recur;

6. Any unusual or extraordinary costs directly or indirectly imposed on the public by the violation; and

7. Any other extenuating, mitigating or aggravating circumstances.

N.J. Admin. Code § 7:18-10.5