New Jersey § 13:1e-135

§ 13:1e-135.

a. The department shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968,

c. 410 ( C.52:14B-1 et seq. ), rules and regulations establishing a schedule of penalties for violations of P.L.1983,

c. 392 ( C.13:1E-126 et seq. ), to be applied pursuant to this section. b. Whenever, on the basis of available information, the department finds that a person

has violated any provision of P.L.1983, c. 392 ( C.13:1E-126 et seq. ), or any rule or regulation adopted, or license issued, pursuant thereto, the department

may: (1) Issue an order requiring the person found to be in violation to comply in accordance

with subsection c. of this section; (2) Bring a civil action in accordance with subsection d. of this section; (3) Levy a civil administrative penalty in accordance with subsection e. of this section; (4) Bring an action for a civil penalty in accordance with subsection f. of this section;

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

g. of this section. c. Whenever the department finds that a person has violated any provision of P.L.1983,

c. 392 ( C.13:1E-126 et seq. ), or any rule or regulation adopted, or license issued, pursuant thereto, the department

may issue an order specifying the provision or provisions of P.L.1983, c. 392 ( C.13:1E-126 et seq. ), or the rule, regulation, or license of which the person is in violation, citing

the action which constituted the violation, ordering abatement of the violation, and

giving notice to the person of his right to a hearing on the matters contained in

the order. The ordered party shall have 20 calendar days from receipt of the order within which

to deliver to the department a written request for a hearing. Such order shall be effective upon receipt, and any person to whom such order is

directed shall comply with the order immediately. A request for hearing shall not automatically stay the effect of the order. d. The department, a local board of health, or a county health department may institute

an action or proceeding in the Superior Court for injunctive and other relief, including

the appointment of a receiver for any violation of P.L.1983, c. 392 ( C.13:1E-126 et seq. ), or of any rule or regulation adopted, or license issued, pursuant to P.L.1983,

c. 392 ( C.13:1E-126 et seq. ), and the court may proceed in the action in a summary manner. In any such proceeding the court may grant temporary or interlocutory relief. Such relief may include, singly or in combination: (1) A temporary or permanent injunction; (2) Assessment of the violator for the costs of any investigation, inspection, or

monitoring survey which led to the establishment of the violation, and for the reasonable

costs of preparing and litigating the case under this subsection; (3) Assessment of the violator for any cost incurred by the State in removing, correcting,

or terminating the adverse effects upon air quality or water quality resulting from

any violation of any provision of P.L.1983, c. 392 ( C.13:1E-126 et seq. ), or any rule or regulation adopted, or license issued, pursuant thereto for which

the action under this subsection may have been brought; (4) Assessment against the violator of compensatory damages for any loss or destruction

of wildlife, fish or aquatic life, and for any other actual damages caused by any

violation of P.L.1983, c. 392 ( C.13:1E-126 et seq. ) or any rule or regulation adopted, or license issued, pursuant thereto for which

the action under this subsection may have been brought. Assessments under this subsection shall be paid to the State Treasurer, or to the

local board of health, or to the county health department, as the case may be, except

that compensatory damages may be paid by specific order of the court to any persons

who have been aggrieved by the violation. If a proceeding is instituted by a local board of health or county health department,

notice thereof shall be served upon the department in the same manner as if the department

were a named party to the action or proceeding. The department may intervene as a matter of right in any proceeding brought by a

local board of health or county health department. e. The department is authorized to assess a civil administrative penalty of not more

than $50,000.00 for each violation provided that each day during which the violation

continues shall constitute an additional, separate, and distinct offense. The department shall not assess a civil administrative penalty in excess of $25,000.00

for a single violation, or in excess of $2,500.00 for each day during which a violation

continues, until the department has adopted, pursuant to the “Administrative Procedure

Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), rules and regulations requiring the department, in assessing a civil administrative

penalty, to consider the operational history of the violator, the severity of the

violation, the measures taken to mitigate or prevent further violations, and whether

the penalty will maintain an appropriate deterrent. No assessment shall be levied pursuant to this section until after the violator

has been notified by certified mail or personal service. The notice shall include a reference to the section of the statute, rule, regulation,

or license violated, a concise statement of the facts alleged to constitute a violation,

a statement of the amount of the civil administrative penalties to be imposed, and

a statement of the party's right to a hearing. The ordered party shall have 20 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 20-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 a civil administrative penalty is in addition to all other

enforcement provisions in P.L.1983, c. 392 ( C.13:1E-126 et seq. ) and P.L.1970, c. 39 ( C. 13:1E-1 et seq. ), 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 settle any civil administrative penalty assessed under this section

in an amount the department determines appropriate. f. Any person who violates the provisions of P.L.1983, c. 392 ( C.13:1E-126 et seq. ), or any rule or regulation adopted, or license issued, pursuant thereto shall be

liable to a penalty of not more than $50,000.00 per day, to be collected in a civil

action commenced by a local board of health, a county health department, or the department. Any person who violates an administrative order issued pursuant to subsection c. of

this section, or a court order issued pursuant to subsection d. of this section, or

who fails to pay an administrative assessment in full pursuant to subsection e. of

this section is subject upon order of a court to a civil penalty not to exceed $100,000.00

per day of such violations. Any penalty imposed pursuant to this subsection may be collected with costs in a summary

proceeding pursuant to “the penalty enforcement law” ( N.J.S.2A:58-1 et seq. ). The Superior Court and the municipal court shall have jurisdiction to enforce the

provisions of “the penalty enforcement law” in connection with this act. g. Any person who engages in soil and fill recycling services without a registration

issued pursuant to section 1 of P.L.2019, c. 397 ( C.13:1E-127.1 ), or a soil and fill recycling license issued pursuant to section 8 of P.L.1983,

c. 392 ( C.13:1E-133 ), as appropriate, or who knowingly makes any false or misleading statement to the

department or the Attorney General in connection with a registration or license, shall,

upon conviction, be guilty of a crime of the third degree and, notwithstanding the

provisions of N.J.S.2C:43-3 , shall be subject to a fine of not more than $50,000.00 for the first offense and

not more than $100,000.00 for the second and each subsequent offense and restitution,

in addition to any other appropriate disposition authorized by subsection b. of N.J.S.2C:43-2 . h. Any person who collects, transports, treats, stores, brokers, transfers, or disposes

of solid waste or hazardous waste, or that engages in soil and fill recycling services,

shall furnish the appropriate license or registration upon the request of any law

enforcement officer or any agent of the department, a local board of health, or a

county health department. i. Pursuit of any remedy specified in this section shall not preclude the pursuit

of any other remedy provided by any other law. Administrative and judicial remedies provided in this section may be pursued simultaneously.