New Jersey § 13:1m-17

§ 13:1m-17.

a. If any person violates any of the provisions of this act or any rule, regulation

or order promulgated or issued pursuant to the provisions of this act, the department

may institute a civil action in a court of competent jurisdiction for injunctive or

any other appropriate relief to prohibit and prevent this violation and the court

may proceed in the action in a summary manner. b. Any person who violates the provisions of this act or any rule, regulation or order

promulgated pursuant to this act is liable to a civil administrative penalty of not

more than $10,000.00 for the first offense, not more than $20,000.00 for the second

offense, and up to $50,000.00 for the third and each subsequent offense. If the violation is of a continuing nature, each day during which it continues subsequent

to receipt of an order to cease the violation constitutes an additional, separate

and distinct offense. No civil administrative penalty shall be levied except subsequent to the notification

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

order or permit condition violated; a concise statement of the facts alleged to constitute

the violation; a statement of the amount of the civil penalties to be imposed; and

a statement of the violator's right to a hearing. The violator shall have 20 days from receipt of the notice within which to deliver

to the commissioner a written request for a hearing. Subsequent to the hearing and upon a 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 upon the expiration

of the 20-day period. Payment of the penalty is due when a final order is issued or when 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 a civil administrative penalty

shall not be deemed to affect the availability of any other enforcement provision

in connection with the violation for which the penalty is levied. c. The department is authorized and empowered to compromise and settle any claim for

a penalty under this section in such amount in the discretion of the department as

may appear appropriate and equitable under all of the circumstances, including the

posting of a performance bond by the violator. d. Any person who violates this act or an administrative order issued pursuant to

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

this section or who fails to pay a civil administrative penalty in full pursuant to

subsection b. of this section is subject, upon order of the court, to a civil penalty

not to exceed $10,000.00 per day of the violation, and each day's continuance of the

violation constitutes a separate and distinct violation. Any penalty imposed under this subsection may be recovered with costs in a summary

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

enforcement law.”