New Jersey § 58:10a-10

§ 58:10a-10.

a. The provisions of section 10 of P.L.1977, c. 74 ( C.58:10A-10 ), or any rule or regulation adopted pursuant thereto to the contrary notwithstanding,

the department shall assess, with no discretion, a mandatory minimum civil administrative

penalty for the violations enumerated in subsections b., c., and d. of this section. b. The department shall assess a minimum mandatory civil administrative penalty of

$1,000 against a violator for each serious violation, which assessment shall be made

within six months of the serious violation. c. The department shall assess a minimum mandatory civil administrative penalty of

$5,000 against a violator for the violation that causes the violator to be, or to

continue to be, a significant noncomplier. d. The department shall assess a minimum mandatory civil administrative penalty of

$100 for each effluent parameter omitted on a discharge monitoring report required

to be submitted to the department, and each day during which the effluent parameter

information is overdue shall constitute an additional, separate, and distinct offense,

except that in no instance shall the total civil administrative penalty assessed pursuant

to this subsection exceed $50,000 per month for any one discharge monitoring report. The civil administrative penalty assessed pursuant to this subsection shall accrue

as of the fifth day following the date on which the discharge monitoring report was

due and shall continue to accrue for 30 days. The commissioner may continue to assess civil administrative penalties beyond the

30-day period until submission of the overdue discharge monitoring report or overdue

information. A permittee may contest the assessment of the civil administrative penalty required

to be assessed pursuant to this subsection by notifying the commissioner in writing,

within 30 days of the date on which the effluent parameter information was required

to be submitted to the department, of the existence of extenuating circumstances beyond

the control of the permittee, including circumstances that prevented timely submission

of the discharge monitoring report, or portion thereof, or, if the civil administrative

penalty is imposed because of an inadvertent omission of one or more effluent parameters,

the permittee may submit, without liability for a civil administrative penalty assessed

pursuant to this subsection or subsection c. of this section, the omitted information

within 10 days of receipt by the permittee of notice of omission of the parameter

or parameters. e. If a violator establishes, to the satisfaction of the department, that a single

operational occurrence has resulted in the simultaneous violation of more than one

pollutant parameter, the department may consider, for purposes of calculating the

mandatory civil administrative penalties to be assessed pursuant to subsections b.

and c. of this section, the violation of the interrelated permit parameters to be

a single violation. f. The requirement that the department assess a minimum civil administrative penalty

pursuant to this section shall in no way be construed to limit the authority of the

department to assess a civil administrative penalty or bring an action for a civil

penalty for a violation at any time after a violation occurred or to assess a more

stringent civil administrative penalty or civil penalty against a person pursuant

to section 10 of P.L.1977, c. 74 ( C.58:10A-10 ). g. The provisions of this section shall not apply to violations occurring prior to

the effective date of this section.