N.J. Admin. Code § 7:19-18.6

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

Section 7:19-18.6 - Civil administrative penalties for submitting inaccurate or false information

(a) The Department may, in its discretion, assess a civil administrative penalty 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 under the Water Supply Management Act, 58:1A-1 et seq., or any regulation, rule, permit or order adopted or issued by the Department pursuant thereto, or who fails to submit or maintain any application, record, or other document required to be submitted or maintained under the Water Supply Management Act, 58:1A-1 et seq., or any regulation, rule, permit or order adopted or issued by the Department pursuant thereto, or who falsifies, tampers with or renders inaccurate any monitoring device or method required to be maintained by the Water Supply Management Act, 58:1A-1 et seq., or any regulation, rule, permit or order adopted or issued by the Department pursuant thereto at the midpoint of the ranges in (c) below except as adjusted pursuant to (d) below:

(b) Each day, from the day on which the violator submits the inaccurate information or false statement, representation or certification to the Department up to and including the day on which the Department receives a written correction of the inaccurate information or false statement, representation or certification, shall constitute an additional, separate and distinct violation.

(c) The Department shall determine the amount of the civil administrative penalty based on the conduct of the violator as follows:

1. For any intentional, deliberate, purposeful, knowing or willful act or omission by the violator, the civil administrative penalty shall be in an amount of not more than $ 3,000 nor less than $ 1,000;

2. For any unintentional but foreseeable act or omission the civil administrative penalty shall be in amount not more than $ 1,500 nor less than $ 500.00; or

3. For any other violation the civil administrative penalty shall be in an amount not more than $ 1,000.

(d) The Department may, in its discretion, adjust the amount determined pursuant to (c) above to assess a civil administrative penalty in an amount no greater than the maximum amount nor less than the minimum amount in the range described in (c) above, on the basis of any or a combination of the factors listed in (d)1 through 6 below. No such factor constitutes a defense to any violation:

1. The compliance history of the violator;

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

3. The measures taken by the violator to prevent future violations;

4. The deterrent effect of the penalty;

5. The cooperation of the violator in correcting the violation and ensuring that the violation does not reoccur; and/or

6. Any other extenuating, mitigating or aggravating circumstances.

N.J. Admin. Code § 7:19-18.6

New Rule, R.1995, d.162, effective 3/20/1995.
See: 26 New Jersey Register 4912(a), 27 New Jersey Register 1265(a).