New Jersey § 13:19-18

§ 13:19-18.

a. Whenever , on the basis of available information, the department finds that a person has violated any provision of P.L.1973, c. 185

( C.13:19-1 et seq. ), or any rule or regulation adopted , or permit or order issued by the department pursuant thereto, the department may: (1) Issue an order requiring the person found to be in violation to comply in accordance

with subsection b. of this section; (2) Bring a civil action in accordance with subsection c. of this section; (3) Levy a civil administrative penalty in accordance with subsection d. of this section; (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 . Pursuit of any of the remedies specified under this section shall not preclude the

seeking of any other remedy specified. b. Whenever , on the basis of available information, the department finds that a person has violated any provision of P.L.1973, c. 185,

or any rule or regulation adopted, or permit or order issued by the department pursuant thereto , the department may issue an order : (1) specifying the provision or provisions of the act, regulation, rule, 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 to address any adverse effects resulting from the violation; and

(5) providing notice to the person of the right to a hearing on the matters contained in the order. The ordered party shall have 35 days from receipt of the order within which to deliver to the department a written

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

may issue a final order. If no hearing is requested, then the order shall become final after the expiration

of the 35-day period. A request for hearing shall not automatically stay the effect of the order. c. The department may institute a civil action in the Superior Court for appropriate relief, including the appointment of a receiver, from any violation of any provision of P.L.1973, c. 185, or any rule or regulation adopted, or permit or order issued by the department pursuant thereto , and the court may proceed in the action in a summary manner. Such relief may include, singly or in combination: (1) A temporary or permanent injunction; (2) Recovery of 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 department in removing, correcting or terminating the adverse effects

upon the land or upon water or air quality resulting from any violation of any provision

of P.L.1973, c. 185, or any rule or regulation adopted, or permit or order issued by the department pursuant thereto , 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

of the provisions of P.L.1973, c. 185 for which a civil action has been commenced

and brought under this subsection. Assessments under this subsection shall be paid to the State Treasurer; (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 department is authorized to assess a civil administrative penalty of not more than $25,000 for each violation of the provisions of P.L.1973, c. 185, 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 the 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 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 include a reference to the section or provision of P.L.1973, c.

185, the regulation, rule, permit, or order issued by the department pursuant to that

act that has been violated, a concise statement of the facts alleged to constitute

a violation, a statement of the basis for the amount of the civil administrative penalties to be assessed , including any interest that may accrue thereon if the penalty is not paid when due,

and a statement of the party's right to a hearing. The ordered party shall have 35 calendar days from receipt of the notice within which to deliver to the department

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

may issue a final order after assessing the amount of the fine specified in the notice. If no hearing is requested, the notice shall become a final order 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 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. For the purposes of this subsection, the date that a penalty is due is the date

that written notice of the penalty is received by the person responsible for payment

thereof, or a later date as may be specified in the notice. e. Any person who violates the provisions of P.L.1973, c. 185, or any rule or regulation adopted pursuant thereto, or any permit or order issued by

the department pursuant to that act, 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 of not more than $25,000 for each violation, and each day during which a violation continues shall constitute

an additional, separate, and distinct offense. Any penalty established pursuant to this subsection may be imposed and 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. ). The Superior Court shall have jurisdiction to enforce the “Penalty Enforcement Law

of 1999” in conjunction with this act. 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. f. A person who purposely, knowingly or recklessly violates any provision of P.L.1973,

c. 185, 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 shall, notwithstanding

the provisions of subsection b. of N.J.S.2C:43-3 , 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. 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 any provision of P.L.1973, c. 185, or any rule or regulation adopted

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 P.L.1973, c. 185, 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 shall, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3 , be subject to a fine of not more than $50,000 per day of violation, or by imprisonment,

or both. g. Each applicant or permittee shall provide, upon the request of the department,

any information the department requires to determine compliance with the provisions

of P.L.1973, c. 185, or any rule or regulation adopted, or permit or order issued

pursuant thereto. h. There is created in the department a special nonlapsing fund, to be known as the

“Cooperative Coastal Monitoring , Restoration and Enforcement Fund.” Except as otherwise provided in this section, all monies from penalties, fines, or

recoveries of costs collected by the department pursuant to this section on and after

the effective date of this section, shall be deposited in the fund. Interest earned on monies deposited in the fund shall be credited to the fund. Unless otherwise specifically provided by law, monies in the fund shall be utilized

by the department for the cost of coastal restoration projects and providing aircraft overflights for coastal monitoring, surveillance and enforcement

activities conducted by the department and for the cost of administering P.L. 1973,

c. 185 ( C.13:19-1 et seq. ). The department shall submit annually to the Legislature a report which provides

an accounting of all monies deposited in the fund and the purposes for which monies

in the fund are disbursed.