New Jersey § 26:2c-8

§ 26:2c-8.

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

a provision of P.L.2005, c. 219 ( C.26:2C-8.26 et al.), or any rule or regulation adopted pursuant thereto, the commissioner may: (1) Levy a civil administrative penalty in accordance with subsection b. of this section;

or (2) Bring an action for a civil penalty in accordance with subsection c. 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. The commissioner is authorized to assess a civil administrative penalty of not

more than $5,000 for each violation of P.L.2005, c. 219 ( C.26:2C-8.26 et al.), or any rule or regulation adopted pursuant thereto. In adopting rules and regulations establishing the amount of any penalty to be assessed,

the commissioner may take into account the type, seriousness, and duration of the

violation and 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, 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. c. A person who violates any provisions of P.L.2005, c. 219 ( C.26:2C-8.26 et al.), or any rule or regulation adopted pursuant thereto, or who fails to pay

a civil administrative penalty in full pursuant to subsection b. of this section,

shall be subject, upon order of a court, to a civil penalty for such violation of

not more than $5,000. 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,” P.L.1999, c. 274 ( C.2A:58-10 et seq. ) in connection with the provisions of P.L.2005, c. 219 ( C.26:2C-8.26 et al.). d. 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 P.L.2005, c. 219 ( C.26:2C-8.26 et al.) shall be in violation of P.L.2005, c. 219 ( C.26:2C-8.26 et al.) and shall be subject to the penalties assessed pursuant to subsections b.

and c. of this section.