New Jersey § 58:4-6

§ 58:4-6.

a. Whenever , on the basis of available information, the Commissioner of Environmental Protection finds that a person has violated any

provision of the “Safe Dam Act,” P.L.1981, c. 249 ( C.58:4-8.1 et al.), or any rule or regulation adopted, or permit or order issued pursuant thereto, the commissioner may: (1) Issue an order requiring any such person to comply in accordance with subsection

b. of this section; or (2) Bring a civil action in accordance with subsection c. of this section; or (3) Levy a civil administrative penalty in accordance with subsection d. of this section;

or (4) Bring an action for a civil penalty in accordance with subsection e. of this section;

or (5) Petition the Attorney General to bring a criminal action in accordance with subsection

f. of this section. Recourse to any of the remedies available under this section shall not preclude recourse

to any of the other remedies prescribed in this section or by any other applicable

law. b. Whenever, on the basis of available information, the commissioner finds a person

in violation of any provision of P.L.1981, c. 249, or any rule or regulation adopted, or permit or order issued pursuant thereto, the commissioner may issue an administrative order:

(1) specifying the provision or provisions of the law, rule, regulation, permit or order, of which the person is in violation; (2) citing the action which constituted

the violation; (3) requiring compliance with the provision or provisions violated;

(4) requiring the restoration of the area which is the site of the violation; and

(5) providing notice to the person of the right to a hearing on the matters contained

in the order. c. The commissioner is authorized to institute a civil action in Superior Court for

appropriate relief from any violation of any provision of P.L.1981, c. 249, or any rule or regulation adopted, or permit or order issued pursuant thereto. Such relief may include, singly or in combination: (1) A temporary or permanent injunction, including an order or judgment as will effectually

secure the persons interested from danger of loss from the breaking of a dam. The court may proceed in the action in a summary manner or otherwise; (2) Recovery of the reasonable costs of any investigation, inspection, or monitoring survey which led to the discovery of the violation, and for the reasonable costs of preparing and bringing a civil action commenced under this subsection; (3) Recovery of reasonable costs incurred by the State in removing, correcting, or terminating the adverse effects

resulting from any violation for which a civil action has been commenced and brought under this subsection ; (4) Recovery of compensatory damages for any loss or destruction of natural resources, including but not limited to, wildlife, fish , aquatic life, habitat, plants, or historic or archeological resources, and for any other actual damages caused by a violation for which a civil action has been commenced and brought under this subsection. Assessments under this subsection shall be paid to the “Environmental Services Fund,”

established pursuant to section 5 of P.L.1975, c. 232 ( C.13:1D-33 ), and kept separate from other receipts deposited therein, and appropriated to the

department for the removal of dams in the State, except that compensatory damages

to privately held resources shall be paid by specific order of the court to any persons

who have been aggrieved by the unauthorized regulated activity ; (5) An order requiring the violator restore the site of the violation to the maximum extent practicable

and feasible or, in the event that restoration of the site of the violation is not practicable

or feasible, provide for off-site restoration alternatives as approved by the department . d. The commissioner is authorized to assess a civil administrative penalty of not more than $25,000 for each violation of any provision of P.L.1981, c. 249, or any rule or regulation adopted, or permit or order issued pursuant thereto, and each day during which each violation continues

shall constitute an additional, separate, and distinct offense. Any amount assessed under this subsection shall fall within a range established

by regulation by the commissioner for violations of similar type, seriousness, duration , and conduct; provided, however, that prior to adoption of the regulation, the commissioner

may, on a case-by-case basis, assess civil administrative penalties up to a maximum

of $25,000 per day for each violation, utilizing the criteria set forth herein . In addition to any administrative penalty to be assessed under this subsection, and notwithstanding

the $25,000 maximum penalty set forth above, the commissioner may assess any economic benefits from the violation gained by the violator. Prior to assessment of a penalty under this subsection, the property owner or person

committing the violation shall be notified by certified mail or personal service that

the penalty is being assessed. The notice shall: (1) identify the section of the law, rule, regulation , permit or order violated; (2) recite the facts alleged to constitute a violation; (3)

state the basis for the amount of the civil penalties to be assessed ; and (4) affirm the rights of the alleged violator to a hearing. The ordered party shall have 35 days from receipt of the notice within which to deliver to the commissioner a written

request for a hearing. After the hearing and upon finding that a violation has occurred, the commissioner

may issue a final order specifying the amount of the fine imposed. If no hearing is requested, the notice shall become final after the expiration of

the 35-day period. Payment of the assessment is due when a final order is issued or the notice becomes

a final order. The authority to levy an administrative penalty is in addition to all other enforcement

provisions in this act and in any other applicable law, rule, or regulation, and the

payment of any assessment shall not be deemed to affect the availability of any other

enforcement provisions in connection with the violation for which the assessment is

levied. The department may compromise any civil administrative penalty assessed under this

section in an amount and with conditions the department determines appropriate. A civil administrative penalty assessed, including a portion thereof required to

be paid pursuant to a payment schedule approved by the department, which is not paid

within 90 days of the date that payment of the penalty is due, shall be subject to

an interest charge on the amount of the penalty, or portion thereof, which shall accrue

as of the date payment is due. If the penalty is contested, no additional interest charge shall accrue on the amount

of the penalty until after the date on which a final order is issued. Interest charges assessed and collectible pursuant to this subsection shall be based

on the rate of interest on judgments provided in the New Jersey Rules of Court. e. A person who violates any provision of P.L.1981, c. 249 or any rule or regulation adopted, or permit or order issued pursuant thereto, or an administrative order issued pursuant to subsection b. of this section, or a court

order issued pursuant to subsection c. of this section, or who fails to pay a civil

administrative penalty in full pursuant to subsection d. of this section, or who fails to make a payment pursuant to a penalty payment schedule entered into

with the department, or who knowingly makes any false or misleading statement on any

application, record, report, or other document required to be submitted to the department, shall be subject, upon order of a court, to a civil penalty not to exceed $25,000 per day of the violation, and each day during which the violation continues shall constitute an

additional, separate, and distinct offense. Any civil penalty imposed pursuant to this subsection may be collected with costs

in a summary proceeding pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c. 274 ( C.2A:58-10 et seq. ). In addition to any penalties, costs or interest charges, the court may assess against

the violator the amount of economic benefit accruing to the violator from the violation. The Superior Court and the municipal court shall have jurisdiction to enforce the

provisions of the “Penalty Enforcement Law of 1999” in connection with this section. f. A person who purposely, knowingly or recklessly violates any provision of P.L.1981,

c. 249, or any rule or regulation adopted, or permit or order issued pursuant thereto, shall be guilty, upon conviction, of a crime of the third degree and, notwithstanding any provision of N.J.S.2C:43-3 to the contrary, shall be subject to a fine of not less than $5,000 nor more than $50,000 per day of violation, or by imprisonment, or both, in addition to any other applicable penalties and provisions under Title 2C of the

New Jersey Statutes. A person who purposely, knowingly , or recklessly makes a false statement, representation, or certification in any application, record,

or other document filed or required to be maintained under the provisions of P.L.1981,

c. 249 , or any rule or regulation adopted, or permit or order issued pursuant thereto, or

who falsifies, tampers with or purposely, knowingly, or recklessly renders inaccurate,

any monitoring device or method required to be maintained pursuant to the provisions

of P.L.1981, c. 249, or of any rule or regulation adopted, or permit or order issued

pursuant thereto, shall be guilty, upon conviction, of a crime of the third degree and, notwithstanding any provision of N.J.S.2C:43-3 to the contrary, shall be subject to a fine of not more than $50,000, or by imprisonment, or both , in addition to any other applicable penalties and provisions under Title 2C of the

New Jersey Statutes. g. In addition to the penalties prescribed in this section, the commissioner may record a notice for a violation of any provision of P.L.1981, c. 249, or any rule or regulation adopted, or permit or order issued pursuant thereto, which shall be recorded on the deed of the property wherein the violation occurred, on

order of the commissioner, by the clerk or register of deeds and mortgages of the

county wherein the affected property is located and shall remain attached thereto until such time as the violation has been remedied

and the commissioner orders the notice of violation removed. Any fees or other charges that are assessed by either the clerk or register of deeds

and mortgages of the county wherein the affected property is located or the department

for the recording of the notice of violation on the deed required pursuant to this

subsection shall be paid by the owner of the affected property or the person committing

the violation. The commissioner shall immediately order the notice removed once the violation is

remedied or upon conditions set by the commissioner . h. Each owner or person having control of a reservoir or dam shall provide , upon request of the department, any information the department requires to determine compliance with any provision

of P.L.1981, c. 249, or any rule or regulation adopted, or permit or order issued pursuant thereto. i. (Deleted by amendment, P.L.2007, c. 246 ). j. All penalties collected pursuant to this section or sums collected pursuant to R.S.58:4-5 shall be deposited in the “Environmental Services Fund,” established pursuant to

section 5 of P.L.1975, c. 232 ( C.13:1D-33 ), and kept separate from other receipts deposited therein, and appropriated to the

department for the removal of dams in the State. k. The department shall have the authority to enter any property, facility, premises,

or site for the purpose of conducting inspections to determine the condition of any

dam, or to conduct inspections of ordered repairs or to otherwise determine compliance

with the provisions of P.L.1981, c. 249.