New Jersey § 13:20-35

§ 13:20-35.

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

any provision of section 32 of this act, 1 a Highlands permitting review approval issued pursuant to section 36 of this act, 2 or any rule or regulation adopted pursuant to sections 33 and 34 of this act, 3 the commissioner may: (1) Issue an order requiring any such person to comply in accordance with subsection

b. of this section; or (2) Bring a civil action in accordance with subsection c. of this section; or (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;

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

f. of this section. Recourse to any of the remedies available under this section shall not preclude recourse

to any of the other remedies prescribed in this section or by any other applicable

law. b. Whenever, on the basis of available information, the commissioner finds a person

in violation of any provision of section 32 of this act, a Highlands permitting review

approval issued pursuant to section 36 of this act, or any rule or regulation adopted

pursuant to sections 33 and 34 of this act, the commissioner may issue an order:

(1) specifying the provision or provisions of the law, rule, regulation, permit, approval,

or authorization 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 of the area which is the site of the violation;

and (5) providing notice to the person of the right to a hearing on the matters contained

in the order. c. The commissioner is authorized to institute a civil action in Superior Court for

appropriate relief from any violation of any provision of section 32 of this act,

a Highlands permitting review approval issued pursuant to section 36 of this act,

or any rule or regulation adopted pursuant to sections 33 and 34 of this act. 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 bringing legal action under this subsection; (3) Assessment of the violator for any costs incurred by the State in removing, correcting,

or terminating the adverse effects resulting from any unauthorized regulated activity

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

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

regulated activity; (5) A requirement that the violator restore the site of the violation to the maximum

extent practicable and feasible. d. The commissioner is authorized to assess a civil administrative penalty of up to

$25,000 for each violation of any provision of section 32 of this act, a Highlands

permitting review approval issued pursuant to section 36 of this act, or any rule

or regulation adopted pursuant to sections 33 and 34 of this act, 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, and

duration. In adopting rules and regulations establishing the amount of any penalty to be assessed,

the commissioner may take into account the economic benefits from the violation gained

by the violator. No assessment shall be levied pursuant to this section until after the party has

been notified by certified mail or personal service. The notice shall: (1) identify the section of the law, rule, regulation, permit,

approval, or authorization violated; (2) recite the facts alleged to constitute a

violation; (3) state the amount of the civil penalties to be imposed; and (4) affirm

the rights of the alleged violator to a hearing. The ordered party shall have 20 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 an administrative penalty is in addition to all other enforcement

provisions in this act and in any other applicable law, rule, or regulation, 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. Any civil administrative penalty assessed under this section may be compromised

by the commissioner upon the posting of a performance bond by the violator, or upon

such terms and conditions as the commissioner may establish by regulation. e. A person who violates any provision of section 32 of this act, a Highlands permitting

review approval issued pursuant to section 36 of this act, or any rule or regulation

adopted pursuant to sections 33 and 34 of this act, 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, shall be subject, upon order of a court, to a civil

penalty not to exceed $10,000 per day of such violation, and each day during which

the violation continues shall constitute an additional, separate, and distinct offense. Any civil 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. ). In addition to any penalties, costs or interest charges, the court may assess against

the violator the amount of actual economic benefit accruing to the violator from the

violation. 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. f. A person who purposely or negligently violates any provision of section 32 of this

act, a Highlands permitting review approval issued pursuant to section 36 of this

act, or any rule or regulation adopted pursuant to sections 33 and 34 of this act,

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

any provision of N.J.S.2C:43-3 to the contrary, shall be subject to a fine of not less than $2,500 nor more than

$25,000 per day of violation, in addition to any other applicable penalties and provisions

under Title 2C of the New Jersey Statutes. A second or subsequent offense under this subsection shall subject the violator

to a fine, notwithstanding any provision of N.J.S.2C:43-3 to the contrary, of not less than $5,000 nor more than $50,000 per day of violation,

in addition to any other applicable penalties and provisions under Title 2C of the

New Jersey Statutes. A person who knowingly makes a false statement, representation, or certification

in any application, record, or other document filed or required to be maintained under

this act shall be guilty, upon conviction, of a crime of the fourth degree and, notwithstanding

any provision of N.J.S.2C:43-3 to the contrary, shall be subject to a fine of not more than $10,000, in addition

to any other applicable penalties and provisions under Title 2C of the New Jersey

Statutes. g. In addition to the penalties prescribed in this section, a notice of violation

of any provision of section 32 of this act, a Highlands permitting review approval

issued pursuant to section 36 of this act, or any rule or regulation adopted pursuant

to sections 33 and 34 of this act, shall be recorded on the deed of the property wherein

the violation occurred, on order of the commissioner, by the clerk or register of

deeds and mortgages of the county wherein the affected property is located and with

the clerk of the Superior Court and shall remain attached thereto until such time

as the violation has been remedied and the commissioner orders the notice of violation

removed. h. The department may require an applicant or permittee to provide any information

the department requires to determine compliance with any provision of section 32 of

this act, a Highlands permitting review approval issued pursuant to section 36 of

this act, or any rule or regulation adopted pursuant to sections 33 and 34 of this

act. i. Any person who knowingly, recklessly, or negligently makes a false statement, representation,

or certification in any application, record, or other document filed or required to

be maintained under this act shall be in violation of this act and shall be subject

to the penalties assessed pursuant to subsections d. and e. of this section. j. All penalties collected pursuant to this section shall either be used, as determined

by the council, by the department for the acquisition of lands in the preservation

area or by any development transfer bank used or established by the council to purchase

development potential in the preservation area. k. The department shall have the authority to enter any property, facility, premises,

or site for the purpose of conducting inspections or sampling of soil or water, and

for otherwise determining compliance with the provisions of sections 32 through 36

of this act. 4 1

N.J.S.A. § 13:20-30. 2

N.J.S.A. § 13:20-34. 3

N.J.S.A. §§ 13:20-31 and 13:20-32. 4

N.J.S.A. §§ 13:20-30 to 13:20-34.