N.J. Admin. Code § 7:14-8.8 - Civil administrative penalty for conducting unapproved activities
(a) The Department
may assess a civil administrative penalty pursuant to this section against each
violator who approves, endorses, allows construction or operation to commence
or proceed, builds, modifies, installs, replaces, expands or operates a
facility or treatment works, as defined by N.J.A.C. 7:14A, without the proper
authorization or in violation of any rule, administrative order, sewer
connection ban, or permit issued or imposed pursuant to the Water Pollution
Control Act.
(b) The Department
shall determine the amount of the civil administrative penalty for violations
described in this section based on the seriousness of the violation and conduct
of the violator based on the following:
1.
For any unauthorized approval, endorsement or allowance to commence or proceed
to build, modify, install, replace, expand or operate a facility or treatment
works, the civil administrative penalty shall be in an amount determined as
follows: civil administrative penalty = (seriousness) x (conduct) x ($ 1.00)
i. The seriousness factor shall be equal to
one-half of the design flow (in gallons per day) indicated in the permit
application for that facility or project, or if there is no permit application,
then from the Projected Flow table in
7:14A-23.3; and
ii. The conduct factor is either:
(1) 1.00 if the conduct is intentional,
deliberate, purposeful, knowing or willful; or
(2) 0.75 for any other conduct.
iii. Each approval, endorsement or
allowance to commence or proceed shall be considered an additional, separate
and distinct violation;
2. For building, installation, modification,
replacement or expansion of a facility or treatment works without the required
Department approval, the civil administrative penalty shall be in an amount
determined as follows: civil administrative penalty = (seriousness) x (conduct)
x ($ 1.00)
i. The seriousness factor shall be
equal to one-half of the design flow (in gallons per day) as determined from
the permit application for that facility or project, or if there is no permit
application or if the design flow is not indicated on the permit application,
then from the Projected Flow table in
7:14A-23.3.
ii. The conduct factor is either:
(1) 1.00 if the conduct is intentional,
deliberate, purposeful, knowing or willful; or
(2) 0.75 for any other conduct.
iii. Each day or part thereof that
the construction of the facility or treatment works continues without the
required Department approval shall be considered an additional, separate and
distinct violation.
3.
For the operation of any facility or treatment works, the civil administrative
penalty shall be in an amount equal to, at the sole discretion of the
Department, either:
i. Twice the total
penalty for the illegal building, installation, modification, replacement or
expansion of a facility of treatment works calculated pursuant to (b)2 above;
or
ii. Equal to the product of the
following equation: civil administrative penalty = (seriousness) x (conduct) x
($ 1.00)
(1) The seriousness factor shall be
equal to the total design flow (in gallons per day) as determined from the
permit application for that facility or project, or if there is no permit
application or if the design flow is not indicated on the permit application,
then from the Projected Flow table in
7:14A-23.3.
(2) The conduct factor shall be either:
(A) 1.00 if the conduct is intentional,
deliberate, purposeful, knowing or willful; or
(B) 0.75 for any other conduct.
(3) Each day or part thereof that
the operation of the facility or treatment works continues without the required
Department approval shall be considered an additional, separate and distinct
violation.
(c) 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).
Cite to N.J.A.C. added in (b) and language regarding seriousness of violation and conduct of violator.
Amended by R.1991 d.378, effective
See: 23 N.J.R. 1089(a), 23 N.J.R. 2366(a).
In (a), added "allows construction or operation to commence or proceed,"; "installs, replaces, expands"; "sewer connection ban"; "or imposed"; deleted "-1 et seq." in code citation.
Deleted (a)2.
In (b), deleted "in accordance with N.J.A.C. 7:14-8.5 or".
Substituted old text for new text in (b)1, 2, 3.
Amended by R.1999 d.163, effective
See: 31 N.J.R. 508(b), 31 N.J.R. 1314(b).
In (b), substituted references to permit applications for references to CP-1 Permit Applications and substituted references to the Projected Flow table in N.J.A.C. 7:14A-23.3 for references to the Contributory Design Flow table in N.J.A.C. 7:9-1 throughout.
Amended by R.2007 d.234, effective
See: 38 N.J.R. 2919(a), 39 N.J.R. 3298(a).
Added (c).
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