New Jersey § 13:1d-125

§ 13:1d-125.

The Legislature finds and declares that: The Department of Environmental Protection has historically measured the success of

its enforcement programs based upon the magnitude of penalties imposed, correlating

higher penalties with greater success, and that this paradigm is predicated upon the

belief that the threat or imposition of monetary sanctions is the sole economic incentive

inducing compliance and the dominant force driving corporate compliance decisions

and investments. The economic dynamics of pollution control and waste management have substantially

changed since the inception of environmental regulatory and enforcement programs;

that considerable market forces now exist which substantially influence the economics

of compliance; that the threat or imposition of monetary sanctions is no longer the

dominant force driving corporate compliance decisions and investments; and that the

enforcement programs administered by the Department of Environmental Protection should

recognize these changes in the factors which influence compliance. There are equally effective alternative methods to promote compliance with environmental

laws, such as establishing grace (compliance) periods, which are especially well-suited

for minor violations that have minimal, if any, effect upon public health, safety

or natural resources, and that the Department of Environmental Protection affords

grace (compliance) periods in certain regulatory programs for minor violations of

environmental laws, but this policy is not consistently applied throughout all regulatory

programs. Expanding the use of grace (compliance) periods will promote compliance by allowing

those members of the regulated community who are committed to working diligently and

cooperatively toward compliance, to invest private capital in pollution control equipment

and other measures which will yield long-term environmental benefits, instead of in

costly litigation and the payment of punitive monetary sanctions. Establishing a policy for the consistent application of grace (compliance) periods

for minor violations is a proper exercise of the Department of Environmental Protection's

enforcement discretion and will enable the Department of Environmental Protection

to more sharply focus limited public resources on serious violations of environmental

law. Establishing and employing grace (compliance) periods for minor violations will ensure

the administration of an effective, consistent, sensible and fair enforcement program

by the Department of Environmental Protection, and promote the health and safety of

the public and the protection of natural resources. Persons responsible for minor violations of environmental laws should be afforded

a grace (compliance) period, and if the person responsible for the violation achieves

compliance within the grace period, the Department of Environmental Protection should

refrain from imposing penalties. The economic dynamics of compliance, in combination with an evolving environmentally-sensitive

corporate ethic, have resulted in the initiation of environmental audits by regulated

entities and the consequent discovery of violations of environmental laws. Environmental enforcement policies should promote and encourage the initiation of

environmental audits, the diligent remediation of violations so discovered and the

immediate and voluntary disclosure of such violations to the Department of Environmental

Protection. The Department of Environmental Protection should refrain from imposing monetary sanctions

for violations immediately and voluntarily disclosed, provided certain conditions

are met.