New Jersey § 58:10a-24

§ 58:10a-24.

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

adopted, or order issued, thereunder, the department may institute a civil action

in a court of competent jurisdiction for injunctive or other appropriate relief to

prohibit and prevent the 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 or regulation adopted,

or order issued, hereunder, is liable to a civil administrative penalty of not more

than $5,000 for the first offense, not more than $10,000 for the second offense, and

$25,000 for the third and each subsequent offense. If the violation is of a continuing nature, each day of violation 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 penalty to be imposed; and

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

the department a written request for a hearing. Subsequent to the hearing and upon a finding that a violation has occurred, the

department may issue a final order assessing the amount of the penalty. 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. Agreement to, or 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. Any person who violates the provisions of this act is liable to a civil penalty

of not more than $5,000 for the first offense, not more than $10,000 for the second

offense, and $25,000 for the third and each subsequent offense. Any person violating 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 when due and owing as provided in

subsection b. of this section, is subject to a civil penalty not to exceed $25,000

per day of the violation. Each day's continuance of a 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 the Superior Court shall have jurisdiction to enforce “the penalty

enforcement law.” d. The department may compromise and settle any claim for a penalty under this section

in such amount as the department may determine to be appropriate and equitable under

all of the circumstances. e. Any person who fails to contest or to pay, in whole or in part, a penalty imposed

pursuant to this section, or who fails to agree to a payment schedule therefor, within

30 days of the date that the penalty is due and owing, shall be subject to an interest

charge on the amount of the penalty from the date that the amount was due and owing. The rate of interest shall be that established by the New Jersey Supreme Court for

interest rates on judgments, as set forth in the Rules Governing the Courts of the

State of New Jersey. f. The penalty provisions of this section shall be in addition to such penalties as

may be assessable pursuant to section 12 of P.L.1986, c. 102 ( C.58:10A-32 ) for violations of that act. g. All penalties, monies, and any interest thereon, assessed and collected pursuant

to this section shall be deposited into the “New Jersey Spill Compensation Fund,”

established pursuant to section 10 of P.L.1976, c. 141 ( C.58:10-23.11i ) for use for any of the authorized purposes of the fund. The provisions of this subsection shall not apply to penalties assessed and collected

pursuant to section 12 of P.L.1986, c. 102 ( C.58:10A-32 ).