N.J. Admin. Code § 7:14-8.18 - Tables of minor and non-minor violations; base penalties; grace periods

(a) Tables 1 and 2 below identify particular violations of the Pollutant Discharge Elimination System rules, N.J.A.C. 7:14A, and the Underground Storage Tanks rules, N.J.A.C. 7:14B, as minor or non-minor for purposes of a grace period, and identify the duration of the grace period for minor violations. In addition, Table 2 includes the base penalty for violations of N.J.A.C. 7:14B. The descriptions of the violations set forth in the tables in this section are provided for informational purposes only. In the event that there is a conflict between a violation description in the tables and the rule to which the violation description corresponds, the rule shall govern.

(b) The Department may assess a civil administrative penalty for a violation of the Water Pollution Control Act, the Act Concerning Pretreatment of Industrial Wastewater, the New Jersey Underground Storage of Hazardous Substances Act, and/or for a violation of any rule, consent agreement or administrative order adopted or issued pursuant thereto, that is not listed in Tables 1 and 2, or in N.J.A.C. 7:14-8.6 through 8.10, 8.12, 8.14, or 8.17, according to the following:

1. The Department shall determine whether the violation is a minor violation and subject to a grace period or whether the violation is non-minor and not subject to a grace period as follows:

i. If, pursuant to (c) below, the violation is comparable to a violation listed in Tables 1 and 2 and the comparable violation in Tables 1 and 2 is minor, then the violation under this section is also minor, provided the criteria at 7:14-8.4A(c) are also met. The minor violation shall be subject to the grace period set forth in Tables 1 and 2 for the comparable violation, and the penalty shall be assessed in accordance with 7:14-8.5 or 8.16;

ii. If the violation is not comparable to a violation listed in Tables 1 and 2, or in 7:14-8.6 through 8.10, 8.12, 8.14, or 8.17 and the violation meets all of the criteria at (b)1ii(1) through (3) below as well as the criteria at 7:14-8.4A(c), then the violation under this section is minor. The minor violation shall be subject to a grace period of 30 days, and the penalty shall be assessed in accordance with 7:14-8.5 or 8.16.

(1) The violation poses minimal risk to the public health, safety and natural resources;

(2) The violation does not materially and substantially undermine or impair the goals of the regulatory program; and

(3) The activity or condition constituting the violation is capable of being corrected and compliance achieved within the time prescribed by the Department;

iii. If, pursuant to (c) below, the violation is comparable to a violation listed in Tables 1 and 2, or in 7:14-8.6 through 8.10, 8.12, 8.14, or 8.17, and the comparable violation in Tables 1 and 2, or in 7:14-8.6 through 8.10, 8.12, 8.14, or 8.17 is non-minor, then the violation under this section is also non-minor and the penalty shall be assessed in accordance with 7:14-8.5 through 8.10, 8.12, 8.14, 8.16, or 8.17.

iv. If the violation is not comparable to a violation listed in Tables 1 and 2, or in 7:14-8.6 through 8.10, 8.12, 8.14, or 8.17 and the violation does not meet the requirements of 7:14-8.4A(c), and does not meet the criteria of (b)1ii(1) through (3) above, the violation is non-minor and the penalty shall be assessed in accordance with 7:14-8.5 or 8.16.

(c) Comparability of a violation under (b) above with a violation listed in Tables 1 and 2, or in N.J.A.C. 7:14-8.6 through 8.10, 8.12, 8.14, or 8.17 is based upon the nature of the violation (for example, a violation of recordkeeping, permit limitation, or monitoring).

TABLE 1
N.J.A.C. 7:14A POLLUTANT DISCHARGE ELIMINATION SYSTEM RULES
Type of	Grace
Rule Citation	Description of Violation	Violation	Period
7:14A-2.1(d)	Discharging any pollutant except in	NM
conformity with a valid NJPDES permit
issued by the Department, unless
specifically exempted by N.J.A.C. 7:14A.
7:14A-2.1(e)	Building, installing, modifying, or	NM
operating any facility for the
collection, treatment, or discharge
of any pollutant, except in conformance
with the TWA requirements contained in
N.J.A.C. 7:14A-22 and 23.
7:14A-2.11(a)	Failure of a person, upon receipt of	NM
written notice from the Department, to
provide information regarding a discharge
or potential discharge when the Department
has reason to believe that a person has,
or ay have, information relevant to a
discharge or potential discharge of a
pollutant.
7:14A-2.11(c)	Failure to provide information requested	M	30 days
in the form and manner prescribed by the
Department.
7:14A-2.11(d)	Failure of person receiving a request for	NM
information made pursuant to 7:14A-2.11(a)
to comply with the requirements of
7:14A-2.11(d) 1, 2 and 3.
7:14A-2.11(d)	Failure of person receiving a subpoena	NM
issued pursuant to 7:14A-2.10
to comply with the requirements of
7:14A-2.11(d)1, 2 and 3.
7:14A-2.11(e)1	Failure to allow an authorized	NM
representative of the Department to enter
upon a person's premises for the purposes
of inspection, sampling, copying or
photographing.
7:14A-2.11(e)2	Failure to allow an authorized	NM
representative of the Department to have
access to and copy any records that must
be kept under the conditions of a NJPDES
permit.
7:14A-2.11(e)3	Failure to allow an authorized	NM
representative of the Department to
inspect any facilities, equipment,
practices or operations regulated or
required under a NJPDES permit.
7:14A-2.11(e)4	Failure to allow an authorized	NM
representative of the Department to sample
or monitor any substance or parameter at
any location.
7:14A-2.11(f)	Failure of permittee to submit relevant	M	30 days
facts previously omitted in a permit
application, or request for authorization
or submit corrected information for a
permit application, request for
authorization or any report within 10 days
of becoming aware of the correct
information.
7:14A-2.13(a)	Failure to obtain a permit for any	NM
discharge from an animal feeding
operation that meets the criteria for
a concentrated animal feeding operation
or is required to obtain a permit under
7:14A-2.13(d).
7:14A-2.14(a)	Failure to obtain a permit for any	NM
discharge from an animal production
facility that meets the criteria for
an animal production facility or is
required to obtain a permit under
7:14A-2.14(d).
7:14A-3.1(a)3	Failure of NJPDES permittee/applicant to	NM
submit payment within 30 days of assessment
of the permit fee.
7:14A-3.1(j)	Failure to submit to the soil conservation	NM
district the applicable fee with each
request for authorization submitted under
NJPDES Permit No. NJ0088323 (referred to
as the category 5G3 "construction activity"
stormwater general permit), except as
provided in 7:14A-3.1(j)1.
7:14A-3.1(j)1	Failure to submit to the Department the	NM
applicable fee for any project that the
New Jersey Department of Transportation
(NJDOT) is constructing or proposes to
construct for which a stormwater discharge
is regulated under NJPDES Permit
No. NJ0088323.
7:14A-4.2(c)	Failure of an operating entity to obtain a	NM
NJPDES permit when a facility or activity
is owned by one or more persons.
7:14A-4.2(e)3	Failure of person to file an application	NM
for renewal or a request for authorization
under a general permit at least 180
calendar days prior to the expiration of
the existing permit.
7:14A-4.5(b)	Failure of an applicant with an	NM
individual NJPDES permit for an
existing discharge or activity to
submit a complete renewal application
in accordance with 7:14A-2.7,
and when the Department determines
additional water quality information
is necessary, to submit water quality
studies as provided in
7:14A-2.12(a).
7:14A-4.8(a)	Failure of existing concentrated animal	M	30 days
feeding operation to provide in its
application the information required under
7:14A-4.8(a)1 through 3.
7:14A-4.8(b)	Failure of existing concentrated aquatic	M	30 days
animal production facility to provide in
its application the information required
under 7:14A-4.8(b)1 through 5.
N.J.A.C. 7:14A-4.9 (a)	Failure to have permit application,	M	30 days
request for authorization, reports other
than DMRs, and other requested information
signed by a person described in
7:14A-4.9(a)1 through 4.
7:14A-4.9(c)	Failure to submit a new authorization	M	30 days
satisfying the requirements of
7:14A-4.9(b) prior to or
together with any reports, information
or applications signed by an authorized
representative.
N.J.A.C. 7:14A-4.9(d)	Failure of person signing a report	M	30 days
required by permits, other than DMRs,
and other information requested by
the Department, to make the certification
in N.J.A.C. 7:14A-4.9(d).
N.J.A.C. 7:14A-6.2(a)	Failure to comply with any general	NM
conditions applicable to all NJPDES permits
specified in N.J.A.C. 7:14A-6.2(a)
excluding N.J.A.C. 7:14-6.2(a)6, 7, 8, 9
and 10.
7:14A-6.2(a)9	Failure of a permittee with discharges	M	30 days
that flow through an outfall pipe, unless
such outfall pipe is completely and
continuously submerged, or is not assigned
a Discharge Serial Number (DSN), to notify
the Department that a tag to mark the
location of the pipe has been or will be
installed on the pipe by the effective
date of the permit, or by May 5, 1998,
whichever is sooner.
7:14A-6.2(a)9	Failure of a permittee with discharges	M	30 days
that flow through an outfall pipe, unless
such outfall pipe is completely and
continuously submerged, to provide an
outfall tag which meets the requirements
specified in 7:14A-6.2(a)9 i and
ii.
7:14A-6.2(a)14	Failure of a permittee to furnish to the	NM
Department, within a reasonable timeframe
specified by the Department, any
information that the Department may
request to determine whether cause exists
for issuing, modifying, revoking and
reissuing, or revoking a discharge permit,
or to determine compliance with a NJPDES
permit; or to provide copies of records
required to be kept by the permit.
7:14A-6.4	Failure to comply with a schedule of	NM
compliance in a permit, including interim
deadlines for progress or reports of
progress towards compliance with the State
and Federal Acts and all other applicable
authority for N.J.A.C. 7:14A.
7:14A-6.5(a)1	Failure to take samples and measurements	NM
representative of the monitored activity.
7:14A-6.5(a)2	Failure of permittee to perform all	NM
analyses in accordance with the analytical
test procedures specified in 40 CFR 136,
40 CFR 503 or other test procedures
specified in the permit.
7:14A-6.5(a)2	Failure of a permittee to indicate a	M	30 days
suitable analytical procedure and provide
the Department with literature references
or a detailed description of the procedure
when no approved test procedure is
available.
7:14A-6.5(b)1	Failure to properly install, use, and	NM
maintain monitoring equipment and use
proper monitoring methods.
7:14A-6.5(b)2	Failure to properly monitor a discharge in	NM
accordance with the monitoring type,
interval and frequency as specified in the
permit.
7:14A-6.5(b)4	Failure to monitor in accordance with the	NM
edition of the Department's "Field Sampling
Procedures Manual" applicable at the time
of sampling, or an alternate method
approved by the Department.
7:14A-6.5(d)1	Failure of a permittee to automatically	NM
adjust its effluent monitoring and
reporting frequency to monthly when
required by 7:14A-6.5(d)1 i or ii.
7:14A-6.5(d)3	Failure of a permittee to continue this	NM
monthly schedule until the permittee has
submitted six consecutive monthly Discharge
Monitoring Reports that show compliance
with the particular serious violation
parameter at the particular discharge
point.
7:14A-6.6	Failure to comply with record keeping	NM
requirements.
N.J.A.C. 7:14A-6.7 (a)	Failure to comply with written notice	NM
requirements for planned physical
alterations or additions to a permitted
facility that meet the criteria in
7:14A-6.7(b).
7:14A-6.8(a)	Failure of permittee to report monitoring	NM
results on the DMR and/or the Baseline
Reports (BR) or other monitoring report
forms required by the permit or the
Department at the intervals specified in
the permit.
7:14A-6.8(b)	Failure of permittee with effluent limits	NM
expressed as daily maxima or minima without
a monthly average for a particular
parameter to report the average of all
daily maxima or minima values obtained
during the reporting month.
7:14A-6.8(c)	Failure of permittee to automatically	NM
adjust its reporting frequency to monthly.
7:14A-6.8(e)	Failure of permittee to include in any	NM
calculation and report on the form
specified by the Department if a permittee
monitors any pollutant more frequently than
required by the permit in accordance with
the permit requirements for sample type,
location, and analysis.
7:14A-6.8(f)	Failure to utilize an arithmetic mean for	M	30 days
calculations for all limitations that
require averaging of measurements, unless
otherwise specified in the permit by the
Department.
7:14A-6.8(g)	Failure of the permittee to submit with	NM
the report the level of production that
actually occurred during the reporting
month and the limitations, standards, or
prohibitions applicable to that level of
production when subject to limitations
based on a measure of production.
7:14A-6.8(h)	Failure of the permittee to report all	NM
instances of noncompliance not reported
under 7:14A-6.10 at the time DMRs
are submitted.
7:14A-6.8(h)	Failure of the permittee to submit reports	NM
that contain the information required
in the written submission listed in
7:14A-6.10(e), if not already
submitted to the Department.
7:14A-6.8(i)	Failure of SIUs, DSW major industrial	NM
facilities, DGWs, and DSW local agencies,
other than those discharging only
stormwater or non-contact cooling water,
required to submit DMRs to the Department
to submit the required reporting forms to
the Department on a monthly basis when
sampling is required on a monthly basis
for one or more parameters.
7:14A-6.9	Failure to comply with DMR and BR	NM
signature and certification requirements.
7:14A-6.10(c)	Failure of permittee to submit	NM
noncompliance report information within
two hours of commencement of a discharge,
or of the permittee becoming aware of a
discharge for the situations listed in
7:14A-6.10(a)1 i through iv, 2 and
3.
7:14A-6.10(d)	Failure of permittee to submit	NM
noncompliance report information within
24 hours of commencement of a discharge,
or of the permittee becoming aware of a
discharge for the situations listed in
7:14A-6.10(a)1 v and 3.
7:14A-6.10(e)	Failure to comply with written submission	NM
and	requirements for noncompliance reporting.
7:14A-6.10(f)
7:14A-6.10(i)	Failure to comply with written report	NM
requirements for serious violations.
7:14A-6.10(j)	Failure of permittee to comply with	NM
reporting requirements on instances
of noncompliance not reported under
7:14A-6.10 at the time DMRs
are regularly submitted.
7:14A-6.12(a)	Failure of permittee to, at all times,	NM
maintain in good working order and operate
the treatment works and facilities which
are installed or used by the permittee to
achieve compliance with the terms and
conditions of the discharge permit.
7:14A-6.12(b)	Failure of a permittee who operates a	M	60 days
treatment works to satisfy the licensing
requirements of the "Water Supply and
Wastewater Operators Licensing Act."
7:14A-6.12(c)	Failure to comply with operation and	NM
maintenance manual requirements for
treatment works, including related
appurtenances and collection system.
7:14A-6.12(d)	Failure to comply with emergency plan	NM
requirements.
7:14A-6.12(e)	Failure of a municipality or sewerage	NM
authority to properly operate and maintain
a treatment works when that entity is not
a permittee, but owns and operates a
treatment works used only for the
collection or transportation of domestic
sewage.
7:14A-6.15(a)	Failure of a permittee to comply with	NM
land-based sludge management criteria and
conform with the requirements for the
management of residuals and grit and
screenings pursuant to the requirements in
7:14A-6.15(a)1 through 5.
N.J.A.C. 7:14A-7.2(b)	Failure to obtain a discharge to ground	NM
water permit prior to discharge except as
otherwise provided in 7:14A-7.4
and 7.5.
7:14A-7.3(a)	Failure to comply with all requirements of	NM
N.J.A.C. 7:14A-7, except those persons
listed in 7:14A-7.3(c), (d), and
(e), and 7:14A-7.4.
7:14A-7.3(b)	Failure of persons responsible for the	NM
activities, pollution sources, or regulated
units listed at 7:14A-7.3(b)1
through 7 to comply with the requirements
of N.J.A.C. 7:14A-7.
7:14A-7.6	Failure to comply with the Ground Water	NM
Protection Plan requirements.
7:14A-7.7	Failure to comply with the Ground Water	NM
Sampling Procedures and Statistical
Analysis requirements.
7:14A-7.8	Failure to comply with any measures	NM
specified in a NJPDES permit to address
any contravention of the ground water
quality standards.
N.J.A.C. 7:14A-8.3	Failure to obtain a permit-by-rule or	NM
individual UIC permit prior to construction
of any well or any underground injection
required to have a permit (including,
where applicable, a well permit) under
N.J.A.C. 7:14A-8.
7:14A-8.4	Failure to comply with any Department	NM
prescribed requirement necessary to control
or prevent the movement of fluids into
underground sources of drinking water.
N.J.A.C. 7:14A-8.5 (a),	Failure to submit required inventory	M	30 days
(b) and (c)	information within 90 days of Department
notice for a permit-by-rule.
7:14A-8.5(h)	Failure to cease injection pursuant to	NM
this N.J.A.C. 7:14A-8.5.
7:14A-8.7(a)	Operation of a Class IV injection well	NM
and/or injection of hazardous or
radioactive wastes via Class I injection
wells without Department authorization.
7:14A-8.7(c)	Failure to abandon and close any injection	NM
well that is injecting, or has ever
injected, hazardous wastes (including
Class IV and Class I injection wells) in
compliance with all applicable Department
regulations for remediation of contaminated
sites, including the Procedures for
Department Oversight of the Remediation of
Contaminated Sites (N.J.A.C. 7:26C).
7:14A-8.9(a)1,	Failure to comply with any Additional	M	30 days
2, and 6	Condition Applicable to Class I, II, III
and V UIC Permits incorporated in an UIC
permit.
7:14A-8.9(a)3,	Failure to report any condition that may	NM
4 and 5	endanger or cause fluid to migrate to a
potable supply well or underground source
of drinking water in accordance with the
prescribed time frames.
7:14A-8.11	Failure to comply with any of the	NM
requirements for corrective or preventative
action.
7:14A-8.12	Failure to comply with the Specific	NM
Operating Criteria and Construction
Standards.
7:14A-8.13	Failure to comply with the Specific	NM
Operating Criteria and Construction
Standards Applicable to Class I Wells.
7:14A-8.14	Failure to comply with the Specific	NM
Operating Criteria and Construction
Standards Applicable to Class II Wells.
7:14A-8.15	Failure to comply with the Specific	NM
Operating Criteria and Construction
Standards Applicable to Class III Wells.
7:14A-8.16	Failure to comply with the Specific	NM
Operating Criteria and Construction
Standards Applicable to Class V Wells.
7:14A-8.17	Failure to submit information required by	M	30 days
Additional Requirements for Application
for Individual UIC Permits.
7:14A-8.18	Failure to comply with the Specific	NM
Operating Criteria and Construction
Standards applicable to permit-by-rule
authorization for underground injection
and seepage pits.
7:14A-9.2	Failure to apply for a NJPDES permit to	NM
conduct ground water monitoring.
7:14A-9.3	Failure to meet the ground water	NM
monitoring system performance standards.
7:14A-9.4	Failure to meet the General Ground Water	NM
Monitoring Well requirements except for
7:14A-9.4(a)5.
7:14A-9.4(a)5	Failure to permanently mark both the	M	30 days
elevation of the top of the well casing or
the number assigned or approved by the
Department on the well casing.
7:14A-9.5	Failure to comply with the Ground Water	NM
Monitoring Program requirements for
Sanitary Landfills.
7:14A-9.7	Failure to comply with the Leak Detection	NM
Monitoring Program requirements.
7:14A-9.8	Failure to comply with the Assessment	NM
Monitoring Program requirements.
7:14A-9.9	Failure to comply with the Assessment of	NM
Corrective Measures requirements.
7:14A-9.10	Failure to comply with the Selection of	NM
Remedy requirements.
7:14A-9.11	Failure to comply with the Implement and	NM
Corrective Action Program requirements.
7:14A-11.3	Failure of existing manufacturing,	NM
commercial, mining, and silviculture
dischargers and research facilities that
discharge to surface water to comply with
additional reporting notification
requirements.
7:14A-12.2(a)	Failure of a direct discharges to surface	NM
water from publicly or privately owned
domestic treatment works to comply with
the effluent quality standards set forth
in 7:14A-12.2(b) through (f).
7:14A-12.4(a)	Failure of a direct discharge to surface	NM
water for which (BOD5 or CBOD5) water
quality based effluent limitations based
upon water quality studies acceptable to
the Department have not been developed,
but are required under 7:9B-1.5
or 1.6, to comply with the minimum
treatment requirements for BOD5 specified
in 7:14A-12.4(b).
7:14A-12.5(a)	Failure to comply with continuous year	NM
round disinfection standards set forth in
7:14A-12.5(b) prior to discharge
into surface waters a wastewater that could
contain pathogenic organisms such as fecal
coliform and/or enterococci organisms.
N.J.A.C. 7:14A-12.8 (a)	Failure of an indirect user to comply with	NM
any local agency standards for
non-petroleum based oil and grease.
7:14A-12.8(c)	Failure of a direct discharger to surface	NM
waters to limit the oil and grease
effluent content as specified in
N.J.A.C. 7:14A-12.8.
7:14A-12.8(d)	Failure of an indirect user discharging	NM
petroleum based oil and grease to meet the
petroleum hydrocarbon effluent standards
set forth in N.J.A.C. 7:14A-12.8.
7:14A-12.11(d)	Failure to comply with the chemical	NM
specific toxic pollutant effluent standards
set forth in N.J.A.C. 7:14A-12 Appendix B
for a discharge to surface water from a
site remediation project.
7:14A-12.11(e)	Failure to comply with the chemical	NM
specific toxic pollutant effluent standards
set forth in N.J.A.C. 7:14A-12 Appendix C
for a new source, new discharge or expanded
direct discharge to surface water.
7:14A-16.2(a)	Failure of a permittee to provide due	NM
notice to the Department in accordance
with N.J.A.C. 7:14-16.2(b) or (d) when
transferring a NJPDES permit to any person.
N.J.A.C. 7:14A-19.2(c)	Failure of a local agency, or combination	NM
of treatment works operated by the same
local agency, required to establish an IPP
pursuant to 7:14A-19.2(a) or (b)
to develop and submit an IPP in accordance
with the requirements of 40 CFR Part 403
and the requirements of N.J.A.C. 7:14A-19.
7:14A-19.3(b)1	Failure of a local agency, including those	M	30 days
not required by 7:14A-19.2(a) and
(b), to submit a copy of the local sewer
use ordinance to the Department.
7:14A-19.3(b)2 i	Failure of a delegated local agency to	NM
update its inventory of indirect users.
7:14A-19.3(b)2 ii	Failure of a non-delegated local agency to	M	30 days
submit a report annually listing all
indirect users that meet the indirect user
definition.
7:14A-19.3(b)3	Failure of a local agency to develop local	NM
limits or demonstrate that such limits
are not necessary in accordance with
N.J.A.C. 7:14A-19.7.
7:14A-19.3(b)4	Failure of a local agency to deposit 10	M	60 days
percent of the amount of penalties
collected into the Wastewater Treatment
Operators' Training Account.
7:14A-19.3(c)1	Failure of delegated local agency to	M	30 days
notify indirect users of the
responsibilities required in the DLA's
rules and regulations or sewer use
ordinance.
7:14A-19.3(c)2	Failure of delegated local agency to issue	NM
an IPP permit to its indirect users.
7:14A-19.3(c)3	Failure of delegated local agency to	M	30 days
perform compliance monitoring and
inspections of indirect users.
7:14A-19.3(c)4	Failure of delegated local agency to	M	30 days
review and respond to violations of an IPP
permit or the sewer use ordinance/rules and
regulations, within 60 days of receipt of
the compliance information generated by
indirect users or the DLA.
7:14A-19.3(c)5	Failure of delegated local agency to take	M	30 days
enforcement actions based upon indirect
users' noncompliance.
7:14A-19.3(c)6	Failure of delegated local agency to	M	90 days
develop and maintain a data management
system which includes an indirect user
inventory, characterization of the nature
of indirect user discharges, compliance
status, permit status, and enforcement
actions.
7:14A-19.3(c)7	Failure of delegated local agency to	NM
sample its treatment works and sludges.
7:14A-19.3(c)9	Failure of delegated local agency to	M	30 days
notify its significant indirect users
(SIUs) in writing, in accordance with
40 CFR 403.8(f)(2)(iii), of the SIUs'
obligation to comply with applicable
requirements under Subtitles C and D
of the Resource Conservation and Recovery
Act (RCRA).
7:14A-19.3(c)10	Failure of delegated local agency to	NM
secure and maintain sufficient resources
and qualified personnel, in accordance
with 40 CFR 403.8(f)(3), to carry out the
program implementation procedures.
7:14A-19.3(d)	Failure of a local agency to comply with	NM
the requirements of the Grace Period Law
by establishing type or category of minor
violation and time period to correct the
violation as noted in its rules and
regulations or sewer use ordinance.
N.J.A.C. 7:14A-19.4 (a)	Failure of a delegated local agency to	NM
develop and implement an enforcement
response plan in accordance with
N.J.A.C. 7:14A-19.4.
7:14A-19.4(c)	Failure of a delegated local agency to	NM
include an enforcement response plan within
the rules and regulations or sewer use
ordinance of a delegated local agency.
7:14A-19.4(d)	Failure of a delegated local agency to	NM
include or incorporate by reference in its
enforcement response plan all mandatory
penalties, settlement restrictions,
uniform penalty policies, grace period
provisions and other requirements
applicable to the Department in accordance
with 7:14-8.1(f), including,
without limitation, the civil
administrative penalty determination
procedure specified in 7:14-8.16.
N.J.A.C. 7:14A-19.5	Failure of a delegated local agency to	M	90 days
include in its sewer use ordinance or
rules and regulations the enforcement
and penalty provisions and procedural
and substantive requirements set forth
in N.J.A.C. 7:14A-19.5.
N.J.A.C. 7:14A-19.6 (a)	Failure of a delegated local agency to	M	60 days
comply with the additional requirements
for delegated local agencies as set forth
in N.J.A.C. 7:14A-19.6.
7:14A-19.6(b)	Failure of a delegated local agency to	NM
inspect any permittee that meets the
significant noncomplier definition within
60 days of receipt of the discharge
monitoring report or self-monitoring
report that initially results in the
permittee's being identified as a
significant noncomplier.
7:14A-19.6(c)	Failure of a delegated local agency to	NM
submit a Clean Water Enforcement Act
annual report to the Department by
February 1.
7:14A-19.6(d)	Failure of a delegated local agency to	NM
submit additional information outlined in
N.J.A.C. 7:14A-19.6.
7:14A-19.6(e)	Failure of a delegated local agency to	NM
submit the information required in
7:14A-19.6(c) and (d) on forms
provided by the Department.
7:14A-19.6(f)	Failure of a delegated local agency to	M	30 days
submit a 40 CFR Part 403 annual report
that describes its pretreatment program
activities.
7:14A-19.6(g)	Failure of a delegated local agency to	M	30 days
submit a grace period annual report to
the Department by March 1.
7:14A-19.6(h)	Failure of a delegated local agency to	NM
submit the information required in
7:14A-19.6(g) on forms provided
by the Department.
7:14A-19.7(a)	Failure of a local agency to perform a	NM
headworks analysis in order to develop
local limits or demonstrate that local
limits are not necessary.
7:14A-19.7(b)	Failure of a delegated local agencies	M	60 days
to submit a work plan to include the
parameters to be sampled, the sampling
locations within the treatment plant and
the collection system, and a schematic
diagram of the treatment plant showing
sampling locations.
7:14A-19.7(c)	Failure of a delegated local agency, when	M	90 days
proposing and adopting local limits, to
comply with the public notice and hearing
requirements.
7:14A-19.7(d)	Failure of a delegated local agency to	NM
submit a written technical evaluation to
revise local limits.
7:14A-19.7(e)	Failure of a delegated local agency to	M	60 days
submit an acceptable written technical
evaluation that includes all the
information outlined in N.J.A.C. 7:14A-19.7.
N.J.A.C. 7:14A-19.8 (a)	Failure of a delegated local agency to	NM
issue an IPP permit.
7:14A-19.8(b)	Failure of a delegated local agency to	NM
include the requirements outlined in
N.J.A.C. 7:14A-19.8 in each IPP permit.
7:14A-19.8(c)	Failure of a delegated local agency to	M	90 days
comply with public notice and hearing
requirements.
7:14A-19.8(d)	Failure of a delegated local agency to	NM
include in its sewer use ordinance or
rules and regulations outlined in
N.J.A.C. 7:14A-19.8.
7:14A-19.9(a)	Failure of a delegated local agency to	NM
provide written notice to the Department
regarding each substantial and
non-substantial IPP modification, as
defined under 40 CFR 403.18.
7:14A-19.9(b)	Failure of a delegated local agency to	M	30 days
provide a statement of the basis for the
modification, and a copy of the elements
of the IPP to be modified for a
non-substantial modifications request.
7:14A-19.9(c)	Failure of a delegated local agency	M	60 days
to provide the items outlined in
7:14A-19.9(c)1 through 4 for
a substantial IPP modification request.
7:14A-19.10(a)	Failure of delegated local agency to	M	90 days
comply with public notice and public
hearing requirements for a request for
substantial modification of an industrial
pretreatment program.
7:14A-19.10(b)	Failure of delegated local agency to	M	30 days
provide public notice identifying those
indirect users that meet the significant
noncompliance criteria under
40 CFR 403.8(f)(2)(vii).
7:14A-19.10(c)	Failure of delegated local agency to allow	M	90 days
the public to comment on a proposed
administrative consent order prior to
final adoption, if the administrative
consent order would establish interim
enforcement limits that would relax
effluent limitations established in a
permit or a prior administrative order.
7:14A-19.10(d)	Failure of delegated local agency to hold	M	90 days
a public hearing on the proposed
administrative order or administrative
consent order prior to final adoption.
7:14A-19.10(e)	Failure of delegated local agency to	M	90 days
provide public notice and a public hearing
for any proposed new indirect user IPP
permit, proposed renewed indirect user IPP
permit, proposed revocation of an indirect
user IPP permit, or proposed major
modification to any existing indirect user
IPP permit.
N.J.A.C. 7:14A-20.7 (b)	Failure to comply with any general	NM
requirement and management practice for
the land application of residuals.
7:14A-20.7(c)	Failure to meet the applicable	NM
requirements and pollutant limits in
40 CFR 503.13(a) and (b).
7:14A-20.7(d)	Failure to meet the operational standards	NM
for pathogen and vector attraction
reduction pursuant to 40 CFR 503.15(a)
and (c).
7:14A-20.7(e)	Failure to remove foreign material from	NM
the residual prior to application.
7:14A-20.7(f)1	Failure to meet Class B pathogen reduction	NM
requirements pursuant to 40 CFR 503.32(b)
and one of the vector attraction reduction
requirements in 40 CFR 503.33(b)(1) through
(b)(10) for land application of domestic
septage.
7:14A-20.7(f)2	Failure to land apply domestic septage at	NM
a whole residual application rate that is
equal or less than the agronomic rate in
accordance with 7:14A-20.7(g).
7:14A-20.7(f)3	Failure to screen domestic septage through	NM
a number 4 mesh screen to remove foreign
material.
7:14A-20.7(f)4	Failure to certify domestic septage	NM
as being from domestic sources only,
having been analyzed pursuant to
7:14A-20.7(a)1, and satisfying
the pollutant limits in 40 CFR 503.13(a)
and (b).
7:14A-20.7(f)5	Failure to land apply domestic septage	NM
in accordance with one of the land
application programs described at
7:14A-20.7(h).
7:14A-20.7(g)	Failure to comply with whole residual	NM
application rate requirements.
7:14A-20.7(h)	Failure to conform to one of the allowable	NM
programs based on the level of quality,
pathogen reduction and vector attraction
reduction achieved for residuals applied
to the land.
7:14A-20.7(i)	Failure to comply with the frequency of	NM
pollutant monitoring, pathogen density
requirements and vector attraction
reduction requirements in accordance with
the frequency specified in 40 CFR 503.16(a)
or N.J.A.C. 7:14A-20.7, as applicable.
7:14A-20.7(j)	Failure to comply with record keeping	NM
requirements of 40 CFR 503.17(9a) and
N.J.A.C. 7:14A-20.7.
7:14A-20.7(k)	Failure to comply with the reporting	NM
requirements of N.J.A.C. 7:14A-20.7.
7:14A-20.7(l)	Failure of an out-of-State generator that	NM
transports residual into the State to be
land applied to comply with all applicable
requirements for the land application of
residuals pursuant to N.J.A.C. 7:14A and
the notice requirements in
N.J.A.C. 7:14A-20.7.
7:14A-20.8(a)	Storage of sewage sludge for more than six	NM
months on the land.
7:14A-20.8(b)	Failure of an owner and/or operator of a	M	60 days
sewage sludge surface disposal site to
submit a surface disposal site closure
plan in accordance with the requirements
of 7:14A-20.8(d).
7:14A-20.8(c)	Failure of the operating entity for a	NM
closed surface disposal site to comply
with required management practices.
7:14A-20.11(a)	Failure of the person who prepares	NM
residual to ensure that all residual
accepted for processing is compatible
with the applicable residual quality
limitations.
7:14A-20.11(b)	Failure to comply with provisions for	NM
accepting residual that does not meet the
residual quality limitations, when the
residual is to be blended with other
residual and the final residual applied
to the land.
7:14A-21.2(a)1	Discharging by an indirect user into a	NM
local agency's treatment works waste that
is prohibited under 40 CFR Part 403.5.
7:14A-21.2(a)2	Discharging by an indirect user into a	NM
local agency's treatment works waste
above the State pretreatment standards
for petroleum hydrocarbons.
7:14A-21.2(a)3	Discharging by an indirect user into a	NM
local agency's treatment works waste above
a local limit developed by the local
agency.
N.J.A.C. 7:14A-21.3 (b)	Failure of an indirect user subject to a	NM
categorical pretreatment standard to
submit to the control authority a baseline
report.
7:14A-21.3(c)	Failure of an indirect user to comply with	NM
a categorical pretreatment standard.
7:14A-21.3(d)	Failure of an indirect user to comply	NM
with a compliance schedule for meeting
categorical pretreatment standard.
7:14A-21.3(e)	Failure of an indirect user to submit to	NM
the control authority within 90 days a
compliance report.
7:14A-21.3(f)	Failure of an indirect user to submit to	NM
the control authority periodic compliance
reports.
7:14A-21.3(g)1	Failure of an indirect user or control	NM
authority to submit an acceptable
compliance report including the information
outlined in N.J.A.C. 7:14A-21.3.
7:14A-21.3(g)2	Failure of an indirect user to notify the	NM
control authority within 24 hours of
becoming aware of the violation of
pretreatment standard.
7:14A-21.3(g)3	Failure of an indirect user or control	NM
authority to conduct acceptable sampling
and analysis required for compliance
reporting.
7:14A-21.3(g)4	Failure of an indirect user or control	NM
authority to conduct analysis in
accordance with procedures contained in
40 CFR Part 136, as amended, or with any
other test procedures approved by the
Department.
7:14A-21.3(g)5	Failure of an indirect user to include	NM
in its compliance report the results of
monitoring that was performed more
frequently than required by the control
authority.
7:14A-21.3(i)	Failure of indirect user to notify the	NM
local agency, the USEPA Regional Waste
Management Division Director, and the
Department's Division of Solid and
Hazardous Waste in writing of any
discharge into the local agency's
treatment works of a substance, which,
if otherwise disposed of, would be a
hazardous waste under 40 CFR Part 261.
7:14A-21.3(j)	Failure of indirect user to notify the	NM
local agency in advance of any substantial
change in the volume or character of
pollutants in its discharge.
7:14A-21.4(a)6	Failure of indirect user to notify the	NM
control authority that production level
will significantly change within the next
calendar month.
7:14A-21.4(b)	Dilution of a discharge, by an indirect	NM
user without authorization, as a partial
or complete substitute for adequate
treatment to achieve compliance with a
pretreatment standard or requirement.
7:14A-21.4(c)	Failure of an indirect user to comply	NM
with the alternative categorical daily
maximum and monthly average or consecutive
sampling day limits fixed by the control
authority, in the indirect user's permit.
N.J.A.C. 7:14A-21.6 (a)	Failure to prohibit a bypass that caused	NM
pretreatment standards to be violated,
and was not essential maintenance to
ensure efficient operation.
7:14A-21.6(b)	Failure of an indirect user to give prior	NM
notice of a bypass to the control
authority.
7:14A-21.6(c)	Bypass by an indirect user, which	NM
bypass did not meet the conditions
of N.J.A.C. 7:14A-21.6.
7:14A-21.7	Failure of indirect user to obtain an	NM
IPP permit from that delegated local
agency.
7:14A-21.8	Failure of an indirect user to obtain	NM
an individual NJPDES-SIU permit from
the Department.
7:14A-22.2(i)	Permitting, approving or otherwise	NM
allowing the installation, modification
or operation of any facility or activity
that violates the terms, conditions and
requirements of this subchapter.
7:14A-22.3(a)1	Building, installing, modifying, or	NM
operating any treatment works including,
but not limited to, sewer extensions,
sewer interceptors, domestic and
industrial wastewater treatment systems,
holding tanks, equalization tanks and
wastewater treatment and recycling
systems, except in conformance with a
valid treatment works approval from the
Department.
7:14A-22.3(a)2	Building, installing, modifying or	NM
operating any sewer line, pumping station
or force main that serves more than two
buildings or will convey 8,000 gallons
per day or more of flow to a treatment
works, except in conformance with a
valid treatment works approval from
the Department.
7:14A-22.3(a)3	Building, installing, operating or	NM
modifying any residuals treatment units,
including, but not limited to, facilities
for composting, heat drying, thickening,
digestion, air drying, thermal reduction,
dewatering and storage of sludge except
in conformance with a valid treatment
works approval from the Department.
7:14A-22.3(a)4	Building, installing, operating or	NM
modifying any domestic or industrial
treatment works that discharges directly
to the surface water or ground water of
the State, with the exception of individual
subsurface disposal systems exempted
pursuant to 7:14A-22.4(a)3 except
in conformance with a valid treatment works
approval from the Department.
7:14A-22.3(a)5	Building, installing, operating or	NM
modifying any industrial treatment works
located in any area of the State where
the Department is the control authority
(non-delegated area) for an industrial
pre-treatment program pursuant to
40 CFR 403 and N.J.A.C. 7:14A-19, except
in conformance with a valid treatment
works approval from the Department.
7:14A-22.5(b)	Construction, installation, modification	NM
or operation of a treatment works in a
manner inconsistent with the terms and
conditions of the Department's approval.
7:14A-22.5(f)	Failure of an applicant and any owner	M	30 days
or operator of a treatment works to
provide notice of the terms and
conditions of any existing treatment
works approval to a prospective purchaser
of the treatment works.
7:14A-22.5(j)	Failure to construct a treatment works	NM
in a manner consistent with the
provisions of the appropriate wastewater
management plan.
7:14A-22.5(k)	Failure to comply with emergency approval	NM
requirements.
7:14A-22.8	Failure to comply with the requirements	NM
for construction, installation, or
modification of a treatment works- Stage II.
7:14A-22.9(c)	Failure to file a dry/construct only	M	30 days
treatment works approval with the
appropriate county clerk or failure to
keep it filed with the deed of record
until a treatment works approval for
operation (Stage III) has been issued.
7:14A-22.10(b)	Operation of a "construct and operate"	NM
treatment works approval prior to
completion of the project, inspection and
approval of the facilities by the licensed
professional engineer overseeing the
construction, approval by the local
municipality or sewerage authority,
and submission to the Department of
Form WQM005.
7:14A-22.10(c)	Operation of a stage II (construct only)	NM
treatment works prior to issuance of a
stage III treatment works approval.
7:14A-22.15(e)	Failure of the owner of the affected	M	60 days
collection system to submit an engineer's
report meeting the requirements of
7:14A-23.5.
7:14A-22.16(a)	Failure of the participating	NM
municipalities and/or sewerage authorities
to submit a program containing the items
specified in 7:14A-22.16(a) to
be implemented in order to prevent an
overloading of its facility or a violation
of its NJPDES permit.
7:14A-22.16(a)	Failure to implement any requirements of a	NM
capacity assurance program.
7:14A-22.16(d)	Failure to give public notice of the	M	90 days
capacity assurance program in a manner
designed to inform local residents,
developers, local planning board and other
affected persons.
7:14A-22.17(a)	Failure to impose a sewer connection ban	NM
in accordance with this N.J.A.C. 7:14A-22,
when any one of the events in
7:14A-22.17(a)1 through 4 occurs.
7:14A-22.18	Failure to comply with the procedure for	NM
the imposition of a sewer connection ban.
7:14A-22.19(a)	Failure to adopt exemption criteria at	NM
least as stringent as those included in
N.J.A.C. 7:14A-22.
7:14A-22.19(b)	Granting an exemption to any person who	NM
subsequently proceeds with a proposed
project, without first obtaining all
necessary approvals, and thereby increases
or creates a self-imposed hardship.
N.J.A.C. 7:14A-22.21(a)	Failure of a sewerage authority or	M	30 days
municipality imposing a sewer connection
ban to provide an applicant for an
exemption with the documents specified in
N.J.A.C. 7:14A-22.21(a).
7:14A-22.22(a)	Granting of a sewer ban exemption for a	NM
project that does not meet the required
criteria.
7:14A-22.23	Failure of a sewerage authority or	NM
municipality to comply with the delegation
requirements for the sewer ban exemption
program.
7:14A-23	Failure to comply with specific criteria	NM
and standards set forth in this section
for the construction and operation of any
treatment works for the collection,
conveyance or treatment of domestic or
industrial wastes.
N.J.A.C. 7:14A-24.4 (a)	Failure of an operating entity for a	NM
stormwater DSW or DGW identified under
7:14A-24.4(a)1 through 8 that
does not have an effective NJPDES permit
authorizing its stormwater discharges to
submit a request for authorization for a
general NJPDES permit, or an application
for an individual NJPDES permit, in
accordance with the deadlines in
7:14A-24.4(a)1 through 8.
7:14A-24.7(a)	Failure of an operating entities for	NM
stormwater discharges associated with
industrial activity or small construction
activity (from point or nonpoint sources),
and for industrial or commercial stormwater
DSW (from point or nonpoint sources)
identified under 7:14A-24.2(a)1
or 7, to apply for an individual NJPDES
DSW permit or request authorization under
a final stormwater general NJPDES DSW
permit in accordance with the deadlines in
N.J.A.C. 7:14A-24.4.
7:14A-24.7(a)	Failure of an operating entity that is	NM
required or seeks to obtain an individual
DSW permit to submit an individual permit
application in accordance with the
requirements of N.J.A.C. 7:14A-4 as
modified and supplemented by
7:14A-24.7 and 7:14A-24.8.
7:14A-24.7(c)	Failure of an operating entity for	NM
stormwater DSW (from point or nonpoint
sources) that are identified under
7:14A-24.2(a)1 or (a)7, but that
are not from industrial or commercial
facilities or from small MS4s, to apply
for an individual NJPDES DSW permit or
request authorization under a final
stormwater general NJPDES DSW permit in
accordance with the deadlines in
7:14A-24.4(a)4.
7:14A-24.9(a)1	Failure of the permittee of a small	NM
municipal separate storm sewer systems
subject to 7:14A-25.6 or 25.8 to
comply with the requirements for
evaluation, recordkeeping, and reporting
in 7:14A-25.6(j) or 25.8(i).
N.J.A.C. 7:14A-24.9(a)2 i	Failure of a permittee for stormwater	NM
discharges associated with industrial
activity or small construction activity
to conduct an annual inspection of the
facility.
N.J.A.C. 7:14A-24.9(a)2 ii	Failure of a permittee to prepare a report	M	30 days
summarizing the result of the annual
inspection conducted under
N.J.A.C. 7:14A-24.9(a)2 i.
7:14A-24.9(a)2 ii	Failure to submit an annual certification	M	30 days
that the facility is in compliance with
its stormwater pollution prevention plan
and the permit.
7:14A-24.9(a)2 ii	Failure to identify any incidents of	NM
non-compliance in the certification and
identify, in the report, the steps being
taken to remedy the non-compliance and to
prevent such incidents from recurring.
7:14A-24.9(a)2 ii	Failure of the permittee to maintain the	NM
inspection report and certification for a
period of at least five years from the
date of the report.
7:14A-24.9(a)2 iii	Failure to submit an inspection report and	M	30 days
certification signed by a person described
in N.J.A.C. 7:14A-4.9.
7:14A-24.9(a)2 iv	Failure of a permittee that is not	NM
required to submit monitoring reports at
least annually pursuant to this subsection
to report to the Department at least
annually all instances of non-compliance
not reported under N.J.A.C. 7:14A-6.7,
6.8 and 6.10.
7:14A-24.9(b)	Failure of the operating entity for a	M	60 days
large or medium municipal separate storm
sewer system to include in its annual
report a summary of data, including
monitoring data, that is accumulated
throughout the reporting year, in
accordance with 7:14A-25.10(b)
and 40 C.F.R. 122.42(c).
7:14A-25.2(a)1	Failure of the operator of a small MS4 in	NM
a Tier A municipality to obtain a NJPDES
permit for stormwater discharges.
7:14A-25.2(a)2	Failure of the operating entity of an MS4	NM
in a public complex located entirely or
partially in a Tier A municipality, or in
a municipality that receives a waiver under
7:14A-25.2(d), to obtain a NJPDES
permit for stormwater discharges, if the
owner or operator is a county, State
interstate, or Federal agency.
7:14A-25.2(a)3	Failure of an operating entity of an MS4	NM
at a highway or other thoroughfare to
obtain a NJPDES permit for stormwater
discharges, if the owner or operator is a
county, State interstate, or Federal agency.
7:14A-25.2(a)4	Failure of an operating entity of a	NM
special designation under
7:14A-25.2(a)4 to obtain a
NJPDES permit for stormwater discharges.
7:14A-25.2(b)	Failure of a municipality that is assigned	NM
to Tier B under 7:14A-25.3(a)2,
and that operates a small MS4 that
discharges to surface water or groundwater,
to apply for the Tier B Municipal
Stormwater Permit under 7:14A-25.8.
7:14A-25.4(a)1	Failure to apply for a permit within	M	30 days
180 days after receipt of notice from the
Department that a municipality has been
reassigned from Tier B to Tier A, or that
a special designation has been made under
7:14A-25.2(a)4, unless the
Department approves a later date.
7:14A-25.4(a)3	Failure of an entity planning to continue	NM
discharging from a small MS4 after the
expiration date of its NJPDES permit for
that discharge to comply with
7:14A-4.2(e)3.
7:14A-25.5(a)	Failure of an operating entity that is	NM
required under 7:14A-25.2(a) to
apply for a NJPDES permit for stormwater
discharges from small MS4s to submit a
request for authorization (RFA) under a
general NJPDES permit in accordance with
N.J..A.C. 7:14A-25.5(a)1, or an application
for an individual NJPDES permit under
7:14A-25.9.

TABLE 2
N.J.A.C. 7:14B UNDERGROUND STORAGE TANKS RULES
Subchapter 2. Registration Requirements and Procedures
Rule Citation	Description of Violation	Base Penalty	Type of Violation	Grace Period
7:14B-2.1(a)	Failure to register a regulated underground storage tank facility with the Department pursuant to N.J.A.C. 7:14B-2.2.	$ 5,000	NM
7:14B-2.1(a)1	Failure to register a regulated underground storage tank system 30 days prior to use.	$ 5,000	NM
7:14B-2.1(a)2	Failure to register a regulated underground storage tank system prior to beginning any closure activities.	$ 5,000	NM
7:14B-2.1(b)1 through 6	Failure to amend the underground storage tank facility registration, pursuant to N. J.A.C. 7:14B-2.2, within 30 days after a change.	$ 1,750	M	30 days
7:14B-2.1(b)7	Failure to amend the underground storage tank facility registration, pursuant to N. J.A.C. 7:14B-2.2, within seven days after taking an UST system out of service or closure of an UST system.	$ 1,750	M	30 days
7:14B-2.1(b)8	Failure to amend the underground storage tank facility registration, pursuant to N. J.A.C. 7:14B-2.2, at least 30 days prior to putting an out-of-service UST system back into service.	$ 1,750	M	30 days
7:14B-2.1(c)	Failure to only use a regulated underground storage tank having a valid UST registration certificate.	$ 5,000	NM
7:14B-2.1(d)	Failure to renew the UST registration in accordance with N.J.A.C. 7:14B-2.2, at least 60 days prior to expiration of the facility's UST Registration Certificate.	$ 1,750	M	30 days
7:14B-2.5(a)	Failure to display or make available during the inspection the UST Registration Certificate.	$ 1,750	M	30 days
7:14B-2.6(d)	Failure to cease use of a regulated tank upon receipt of a Notice from the Department denying or revoking an UST registration certificate.	$ 15,000	NM
Subchapter 4. Underground Storage Tank Systems: Design, Construction and Installation
7:14B-4.1(a)1i through iv	Failure of an installed tank to be properly designed and constructed and protected from corrosion.	$ 5,000	NM
7:14B-4.1(a)1v	Failure of a tank to have secondary containment and interstitial monitoring.	$ 5,000	NM
7:14B-4.1(a)1vi	Failure to maintain interstitial monitoring of a tank with secondary containment and performing interstitial monitoring.	$ 1,750	M	30 days
7:14B-4.1(a)2i through iii	Failure to properly design, construct, and/or provide corrosion protection for piping.	$ 5,000	NM
7:14B-4.1(a)2iv	Failure to have secondary containment and interstitial monitoring for piping.	$ 5,000	NM
7:14B-4.1(a)2v	Failure to maintain interstitial monitoring of piping with secondary containment and performing interstitial monitoring.	$ 1,750	M	30 days
7:14B-4.1(a)3i	Failure to have spill prevention equipment when the transfer hose is detached from the fill pipe.	$ 5,000	NM
7:14B-4.1(a)3ii	Failure to have overfill prevention equipment compatible with the method used to fill the tank.	$ 5,000	NM
7:14B-4.1(a)3ii(1) through (3)	Failure to have overfill prevention equipment that shall shut off flow, alert the transfer operator, or restrict flow prior to overfilling the tank.	$ 5,000	NM
N.J.A.C. 7:14B-4.1(a)4	Failure to properly install the UST system in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory and in accordance with the manufacturer's instructions.	$ 5,000	NM
7:14B-4.1(a)5	Failure of owners and operators to ensure that the appropriate methods of certification or inspection are used to demonstrate compliance with N.J.A.C. 7:14B-4.1(a)4.	$ 5,000	NM
7:14B-4.1(b)	Failure to provide secondary containment and monitoring for underground storage tank systems installed on or after September 4, 1990, within a wellhead protection area.	$ 5,000	NM
7:14B-4.1(l)	Failure to comply with community supply well distance requirements.	$ 15,000	NM
7:14B-4.1A(a)	Failure to equip an UST system with under-dispenser containment for any new dispenser system installed on or after April 11, 2016.	$ 5,000	NM
7:14B-4.1A(a)2	Failure of under-dispenser containment to be liquid-tight, compatible with the substance conveyed by the piping, and allow for visual inspections or be monitored for leaks from the dispenser system.	$ 5,000	NM
7:14B-4.2	Failure to comply with requirements for substantial modification or upgrade of an underground storage tank system.	$ 5,000	NM
7:14B-4.3	Failure to comply with installation requirements for partially regulated underground storage tank systems.	$ 5,000	NM
Subchapter 4A. Field-Constructed Tanks and Airport Hydrant Systems
7:14B-4A.2(a)	Failure to comply with the requirements for secondary containment when piping associated with UST systems with field-constructed tanks less than or equal to 50,000 gallons that are not part of an airport hydrant system is installed or replaced.	$ 5,000	NM
7:14B-4A.2(b)	Failure to conduct inspections of the additional areas for airport hydrant systems as required.	$ 1,750	M	30 days
7:14B-4A.2(c)	Failure to meet release detection requirements for UST systems with field constructed tanks and airport hydrant fuel systems.	$ 5,000	NM
Subchapter 5. General Operating Requirements
7:14B-5.1(a)	Failure to ensure no release of hazardous substance occurs and/or failure to constantly monitor the transfer operation.	$ 5,000	NM
7:14B-5.2(a)1	Failure to operate and maintain a cathodic protection system to continuously provide corrosion protection.	$ 5,000	NM
7:14B-5.2(a)2	Failure to test the cathodic protection system in accordance with the requirements for proper operation.	$ 5,000	NM
7:14B-5.2(a)3	Failure to inspect the impressed current cathodic protection system every 60 days to ensure the system is running properly.	$ 1,750	M	30 days
7:14B-5.2(a)4	Failure to maintain records of the operation of the corrosion protection system, including all required inspections and tests.	$ 1,750	M	30 days
7:14B-5.3(a)	Failure to use an underground storage tank system that is compatible with the substance stored.	$ 5,000	NM
7:14B-5.3(c)	Failure to maintain the records of compatibility for as long as the regulated substance is being stored.	$ 1,750	M	30 days
7:14B-5.3(d)	Failure to hold in each compartment, of a compartmented tank, hazardous substances that are compatible with one another.	$ 5,000	NM
N.J.A.C. 7:14B-5.4 (a)	Failure to obtain a permit from the Department and/or make repairs in accordance with N.J.A.C.7:14B-5.4.	$ 5,000	NM
7:14B-5.4(a)3	Failure to replace the entire piping run when 50 percent or more of a piping run is replaced.	$ 5,000	NM
7:14B-5.4(a)4	Failure to perform tightness testing of repaired tanks and/or piping within 30 calendar days following the date of the completion of the repair.	$ 5,000	NM
7:14B-5.4(a)5	Failure to perform testing of repaired secondary containment areas, where interstitial monitoring release detection is performed, within 30 calendar days following the date of completion of the repair.	$ 5,000	NM
7:14B-5.4(a)6	Failure to test the cathodic protection system within six months following a repair.	$ 5,000	NM
7:14B-5.4(a)7	Failure to test or inspect, as appropriate, within 30 calendar days following any repair to spill or overfill prevention equipment.	$ 5,000	NM
7:14B-5.5(a)	Failure to prepare and update a Release Response Plan.	$ 1,750	M	30 days
7:14B-5.5(b)	Failure to make available for inspection a Release Response Plan.	$ 1,750	M	30 days
7:14B-5.6(a) and (b)	Failure to maintain all required UST system records.	$ 5,000	NM
7:14B-5.8	Failure to properly mark the fill ports.	$ 1,750	M	30 days
7:14B-5.9(a)	Introduction of a hazardous substance into an underground storage tank system that is known or suspected to be leaking or discharging.	$ 15,000	NM
7:14B-5.9(b)	Introduction of a hazardous substance into an underground storage tank that does not have a proper UST registration, or registration is revoked or denied.	$ 5,000	NM
7:14B-5.10(a)1	Failure to comply with the spill prevention equipment requirements.	$ 5,000	NM
7:14B-5.10(a)2	Failure to inspect and clean spill prevention equipment of liquid and debris prior to introduction of hazardous substances into the tank.	$ 5,000	NM
7:14B-5.10(a)3	Failure to inspect overfill prevention equipment at installation and at least once every three years.	$ 5,000	NM
7:14B-5.10(e)	Failure to maintain records related to spill and overfill prevention equipment.	$ 1,750	M	30 days
7:14B-5.11(a)	Failure to ensure the integrity of each containment device when performing interstitial monitoring of UST system piping.	$ 5,000	NM
7:14B-5.11(c)	Failure to maintain records for each containment device when performing interstitial monitoring of UST system piping.	$ 1,750	M	30 days
7:14B-5.12(a)	Failure to conduct walkthrough inspections of each UST system at the required frequency and as appropriate to the facility.	$ 1,750	M	30 days
7:14B-5.12(c)	Failure to maintain records of operation and maintenance walkthrough inspections.	$ 1,750	M	30 days
7:14B-5.13	Failure to have clearly visible weather resistant signs providing emergency procedures and notification requirements at an unmanned facility.	$ 1,750	M	30 days
7:14B-5.14(a)	Failure to designate a Class A, Class B, and Class C operator.	$ 1,750	M	30 days
7:14B-5.14(b)	Failure to have a Class A, Class B, and Class C operator designated for a facility at all times after October 13, 2018, or the date provided at 40 CFR 280.240, whichever is later.	$ 1,750	M	30 days
7:14B-5.14(d)	Failure to ensure that at least one designated operator (Class A, Class B, or Class C) is present at the facility at all times the facility is operating.	$ 1,750	M	30 days
Subchapter 5A. Class A, Class B, and Class C Operator Training
7:14B-5A.1	Failure to ensure that Class A, Class B, and Class C operators are properly trained and pass any applicable examination.	$ 1,750	M	30 days
7:14B-5A.4(a)	Failure to ensure the Class A and/or Class B operator is retrained and retested (as applicable) within the required timeframe.	$ 5,000	NM
7:14B-5A.5	Failure to maintain required operator training records and documentation.	$ 1,750	M	30 days
Subchapter 6. Release Detection
7:14B-6.1(a)1	Failure to provide acceptable release detection methods that are able to detect a release from any portion of the UST system (tank and piping).	$ 5,000	NM
7:14B-6.1(a)2	Failure to ensure release detection equipment is installed, calibrated, operated, and maintained in accordance with the manufacturer's instructions, including routine maintenance and service checks for operability or running condition.	$ 5,000	NM
7:14B-6.1(b)	Failure to comply with release detection requirements for an underground storage tank system used to store motor fuel solely for use by emergency power generators.	$ 5,000	NM
7:14B-6.1(h)	Failure to test electronic and mechanical components annually for proper operation.	$ 5,000	NM
7:14B-6.2(a)1	Failure to perform appropriate release detection monitoring for tanks.	$ 5,000	NM
7:14B-6.2(a)2	Failure to perform appropriate release detection monitoring for piping.	$ 5,000	NM
7:14B-6.2(b)1 or 2	Failure to provide release detection for underground storage tank systems that utilize separate product bearing supply and return lines.	$ 5,000	NM
7:14B-6.3(a)	Failure to comply with release detection requirements for underground storage tank systems containing hazardous substances other than petroleum products and waste oil.	$ 5,000	NM
7:14B-6.4(a)	Failure to comply with release detection requirements for underground storage tank systems located within wellhead protection areas.	$ 5,000	NM
7:14B-6.5(a)1	Failure to conduct and record daily inventory readings, including bottom water levels to the nearest 1/8th inch, and reconcile at least once a month.	$ 5,000	NM
7:14B-6.5(a)2	Failure to comply with manual tank gauging requirements.	$ 1,750	M	30 days
7:14B-6.6(a)1	Failure to annually test line leak detectors.	$ 5,000	NM
7:14B-6.7(a)	Failure to maintain written monitoring procedures.	$ 1,750	M	30 days
7:14B-6.7(b)	Failure to keep the written monitoring procedure at the underground storage tank facility and make it available for inspection.	$ 1,750	M	30 days
7:14B-6.7(c)	Failure to maintain records of written performance claims of the release detection system used.	$ 1,750	M	30 days
7:14B-6.7(d)	Failure to maintain records of all calibration, maintenance, and repair of all Release Detection equipment.	$ 1,750	M	30 days
7:14B-6.7(e)	Failure to maintain a summary of the results of monitoring of the underground storage tank system and maintenance checks of the release detection equipment.	$ 5,000	NM
7:14B-6.7(f)	Failure to maintain records of the results of any sampling, UST system testing and monitoring.	$ 5,000	NM
7:14B-6.7(i)	Failure to maintain on site, a certification from a Subsurface Evaluator and/or required documentation from the manufacturer.	$ 1,750	M	30 days
7:14B-6.7(k)	Failure to maintain results of annual operation tests conducted in accordance with N.J.A.C. 7:14B-6.1(g) and (h).	$ 1,750	M	30 days
Subchapter 15. Financial Responsibility Requirements
7:14B-15.1(b)	Failure to maintain financial assurance for Federally regulated underground storage tank systems in accordance with 40 CFR Part 280 Subpart H.	$ 5,000	NM
7:14B-15.1(c)	Failure to maintain financial assurance for the amounts listed at N.J.A.C. 7:14B-15.2, pursuant to 40 CFR Part 280 Subpart H, for underground storage tank systems not covered by N.J.A.C. 7:14B-15.1(b), unless excluded by N.J.A.C. 7:14B-15.3(c).	$ 5,000	NM
7:14B-15.1(h)	Failure to identify the financial assurance mechanism used on the Facility Certification Questionnaire and submit evidence of financial assurance with any supporting documentation.	$ 1,750	M	30 days
7:14B-15.1(i)	Failure of the financial institution to notify the Department in writing within 30 days of the cancellation or expiration of any form of financial assurance.	$ 5,000	NM
7:14B-15.2(a)	Failure to maintain financial responsibility assurance in the required per-occurrence or per-incident amounts.	$ 5,000	NM
7:14B-15.2(b)	Failure to maintain financial responsibility assurance in the required annual aggregate amounts.	$ 5,000	NM
7:14B-15.2(c)	Failure to maintain financial responsibility assurance in the required annual aggregate or per-occurrence or per-incident amounts when acquiring or installing additional underground storage tanks.	$ 5,000	NM
7:14B-15.2(d)	Failure to submit an amended Facility Certification Questionnaire to the Department to demonstrate any adjusted amount of financial responsibility assurance due to acquiring or installing additional underground storage tanks.	$ 1,750	M	30 days

Notes

N.J. Admin. Code § 7:14-8.18

Adopted by 50 N.J.R. 409(a), effective 1/16/2018