N.J. Admin. Code § 7:14-8.7 - Civil administrative penalty for failure to allow lawful entry and inspection
(a) The Department
may assess a civil administrative penalty pursuant to this section against each
violator who refuses, inhibits or prohibits immediate lawful entry and
inspection of any premises, building or place by any authorized Department
representative.
(b) Each day, from
the initial day of failure by the violator to allow immediate lawful entry and
inspection to the day of receipt by the Department of written notification from
the violator that the violator will not refuse, inhibit or prohibit immediate
lawful entry and inspection, shall be an additional, separate and distinct
violation.
(c) The Department shall
assess a civil administrative penalty for violations described in this section
at the midpoint of the following ranges except as adjusted pursuant to (d)
below:
1. For refusing, inhibiting or
prohibiting immediate lawful entry and inspection of any premises, building or
place for which an administrative order or permit exists under the Water
Pollution Control Act or the New Jersey Underground Storage of Hazardous
Substances Act, the civil administrative penalty shall be in an amount up to $
50,000; and
2. For any other
refusal, inhibition or prohibition of immediate lawful entry and inspection,
the civil administrative penalty shall be in an amount up to $ 8,000.
(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 on the basis of the following
factors:
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 future violations;
4. The deterrent effect of the
penalty;
5. The cooperation of the
violator in correcting the violation, remedying the damage caused by the
violation and ensuring that the violation does not reoccur;
6. Any unusual or extraordinary costs or
impacts directly or indirectly imposed on the public or the environment as a
result of the violation;
7. Any
impacts on the receiving water, including stress upon the aquatic biota, or
impairment of receiving water uses, such as for recreational or drinking water
supply, resulting from the violation; and
8. Other specific circumstances of the
violator or violation.
(e) A violation under this section is
non-minor and, therefore, not subject to a grace period.
Notes
See: 21 N.J.R. 373(a), 21 N.J.R. 1530(a).
The word "lawful" added before "entry" wherever it appears; language regarding assessing penalty at mid-point of ranges and new (d) added.
Amended by R.1991 d.378, effective
See: 23 N.J.R. 1089(a), 23 N.J.R. 2366(a).
In (c)1, changed penalty amount to "up to $ 50,000".
In (c)2, changed penalty amount to "up to $ 8,000".
Deleted (d)5 and substituted new text.
Added (d)6, 7 and 8.
Amended by R.2007 d.234, effective
See: 38 N.J.R. 2919(a), 39 N.J.R. 3298(a).
Added (e).
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