New Jersey § 13:1k-13

§ 13:1k-13.

a. Whenever the Commissioner of Environmental Protection finds that a person has violated

any provision of this act, or any rule or regulation adopted pursuant thereto, or

knowingly makes a false statement, representation, or certification in any application,

record, or other document filed or required to be maintained pursuant to P.L.1983,

c. 330 ( C.13:1K-6 et al.), the commissioner 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;

or (4) bring an action for a civil penalty in accordance with subsection e. of this section. Pursuit of any of the remedies specified under this section shall not preclude the

seeking of any other remedy specified. Any officer or management official of an industrial establishment who knowingly directs

or authorizes the violation of any provisions of P.L.1983, c. 330 ( C.13:1K-6 et al.) shall be personally liable for the penalties established in this section. b. Whenever the commissioner finds that a person has violated this act, or any rule

or regulation adopted pursuant thereto, the commissioner may issue an order specifying

the provision or provisions of this act, or the rule or regulation adopted pursuant

thereto, of which the person is in violation, citing the action that constituted the

violation, ordering abatement of the violation, and giving notice to the person of

the person's right to a hearing on the matters contained in the order. The ordered person shall have 20 calendar days from receipt of the order 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. If no hearing is requested, the order shall become final after the expiration of

the 20-day period. A request for hearing shall not automatically stay the effect of the order. c. The commissioner may institute an action or proceeding in the Superior Court for

injunctive and other relief to enforce the provisions of this act and to prohibit

and prevent a violation of this act, or of any rule or regulation adopted pursuant

thereto, 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 reasonable costs of any inspection that led

to the establishment of the violation, and for the reasonable costs of preparing and

litigating the case under this subsection. d. The commissioner may assess a civil administrative penalty of not more than $25,000

for a first offense, and not more than $50,000 for the second and every subsequent

offense. Each day that a violation continues shall constitute an additional, separate, and

distinct offense. No assessment may 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 order 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 person's right to a hearing. The ordered person shall have 20 calendar 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 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 this act, 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 commissioner may compromise any civil administrative penalty assessed under

this section in an amount the commissioner determines appropriate. e. A person who violates this act, or any rule or regulation adopted pursuant thereto,

shall be liable for a penalty of not more than $25,000 per day, to be collected in

a civil action commenced by the commissioner. A person who violates 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 an administrative assessment in full pursuant to subsection d. of

this section is subject upon order of a court to a civil penalty not to exceed $50,000

per day of each violation. Any 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. ). 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 act.