New Jersey § 58:16a-63

§ 58:16a-63.

a. Whenever, on the basis of available information, the commissioner finds that a

person is in violation of any provision of the “Flood Hazard Area Control Act,” P.L.1962,

c. 19 ( C.58:16A-50 et seq. ), P.L.1972, c. 185, P.L.1977, c. 385 or P.L.1979, c. 359, or any rule or regulation

adopted, or permit or order issued pursuant thereto, the commissioner may: (1) Issue an administrative enforcement order requiring any such person to comply

in accordance with subsection b. of this section; (2) Bring a civil action in accordance with subsection c. of this section; (3) Levy a civil administrative penalty in accordance with subsection d. of this section; (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. b. Whenever, on the basis of available information, the commissioner finds that a

person is in violation of any provision of P.L.1962, c. 19, P.L.1972, c. 185, P.L.1977,

c. 385 or P.L.1979, c. 359, or any rule or regulation adopted, or permit or order

issued pursuant thereto, the commissioner may issue an administrative enforcement

order: (1) specifying the provision or provisions of P.L.1962, c. 19, P.L.1972, c.

185, P.L.1977, c. 385 or P.L.1979, c. 359, or any rule or regulation adopted, or permit

or order issued pursuant thereto, 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 administrative enforcement order. c. The commissioner is authorized to institute a civil action in Superior Court for

appropriate relief from any violation of the provisions of P.L.1962, c. 19, P.L.1972,

c. 185, P.L.1977, c. 385 or P.L.1979, c. 359, or any rule or regulation adopted, or

permit or order issued pursuant thereto. Such relief may include, singly or in combination: (1) A temporary or permanent injunction; (2) Recovery of reasonable costs of any investigation, inspection, or monitoring survey

which led to the discovery of the violation, and for the reasonable costs of preparing

and bringing a civil action commenced under this subsection; (3) Recovery of reasonable costs incurred by the State in removing, correcting, or

terminating the adverse effects resulting from any violation of the provisions of

P.L.1962, c. 19, P.L.1972, c. 185, P.L.1977, c. 385 or P.L.1979, c. 359, or any rule

or regulation adopted, or permit or order issued pursuant thereto, for which a civil

action has been commenced and brought under this subsection; (4) Recovery of compensatory damages for any loss or destruction of natural resources,

including but not limited to, wildlife, fish, aquatic life, habitat, plants, or historic

or archeological resources, and for any other actual damages caused by a violation

of the provisions of P.L.1962, c. 19, P.L.1972, c. 185, P.L.1977, c. 385 or P.L.1979,

c. 359, or any rule or regulation adopted, or permit or order issued pursuant thereto

for which a civil action has been commenced and brought under this subsection. Assessments under this subsection shall be paid to the State Treasurer; (5) An order requiring the violator restore the site of the violation to the maximum

extent practicable and feasible or, in the event that restoration of the site of the

violation is not practicable or feasible, provide for off-site restoration alternatives

as approved by the department. d. The commissioner is authorized to assess a civil administrative penalty of not

more than $25,000 for each violation of the provisions of P.L.1962, c. 19, P.L.1972,

c. 185, P.L.1977, c. 385 or P.L.1979, c. 359, or any rule or regulation adopted, or

permit or order issued pursuant thereto, 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, duration,

and conduct; provided, however, that prior to the adoption of the regulation, the

commissioner may, on a case-by-case basis, assess civil administrative penalties up

to a maximum of $25,000 per day for each violation, utilizing the criteria set forth

herein. In addition to any administrative penalty assessed under this subsection, and notwithstanding

the $25,000 maximum penalty set forth above, the commissioner may assess any economic

benefits from the violation gained by the violator. Prior to assessment of a penalty under this subsection, the property owner or person

committing the violation shall be notified by certified mail or personal service that

the penalty is being assessed. The notice shall include a reference to the section of the statute, regulation,

order or permit condition violated; recite the facts alleged to constitute a violation;

state the basis for the amount of the civil penalties to be assessed; and affirm

the rights of the alleged violator to a hearing. The ordered party shall have 35 calendar 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 administrative enforcement order after assessing the amount of the

fine specified in the notice. If no hearing is requested, the notice shall become a final administrative enforcement

order after the expiration of the 35-day period. Payment of the assessment is due when a final administrative enforcement order is

issued or the notice becomes a final administrative enforcement order. The authority to levy a civil administrative order is in addition to all other enforcement

provisions in P.L.1962, c. 19, P.L.1972, c. 185, P.L.1977, c. 385 or P.L.1979, c.

359, or any rule or regulation adopted, or permit or order issued pursuant thereto,

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. The department may compromise any civil administrative penalty assessed under this

section in an amount and with conditions the department determines appropriate. A civil administrative penalty assessed, including a portion thereof required to

be paid pursuant to a payment schedule approved by the department, which is not paid

within 90 days of the date that payment of the penalty is due, shall be subject to

an interest charge on the amount of the penalty, or portion thereof, which shall accrue

as of the date payment is due. If the penalty is contested, no additional interest charge shall accrue on the amount

of the penalty until after the date on which a final order is issued. Interest charges assessed and collectible pursuant to this subsection shall be based

on the rate of interest on judgments provided in the New Jersey Rules of Court. e. A person who violates any provision of P.L.1962, c. 19, P.L.1972, c. 185, P.L.1977,

c. 385 or P.L.1979, c. 359, or any rule or regulation adopted, or permit or order

issued pursuant thereto, or 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, or who fails to make a payment pursuant to a penalty payment schedule

entered into with the department, or who knowingly makes any false or misleading statement

on any application, record, report, or other document required to be submitted to

the department, shall be subject, upon order of a court, to a civil penalty not to

exceed $25,000 per day of the 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 economic benefit accruing to the violator from the violation. The Superior 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, knowingly or recklessly violates any provision of P.L.1962,

c. 19, P.L.1972, c. 185, P.L.1977, c. 385 or P.L.1979, c. 359, or any rule or regulation

adopted, or permit or order issued pursuant thereto, shall be guilty, upon conviction,

of a crime of the third degree and shall, notwithstanding the provisions of subsection

b. of N.J.S.2C:43-3 , be subject to a fine of not less than $5,000 nor more than $50,000 per day of violation,

or by imprisonment, or both. A person who purposely, knowingly, or recklessly makes a false statement, representation,

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

be maintained under any provision of P.L.1962, c. 19, P.L.1972, c. 185, P.L.1977,

c. 385 or P.L.1979, c. 359, or any rule or regulation adopted, or permit or order

issued pursuant thereto, or who falsifies, tampers with or purposely, knowingly, or

recklessly renders inaccurate, any monitoring device or method required to be maintained

pursuant to P.L.1962, c. 19, P.L.1972, c. 185, P.L.1977, c. 385 or P.L.1979, c. 359,

or any rule or regulation adopted, or permit or order issued pursuant thereto, shall

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

the provisions of subsection b. of N.J.S.2C:43-3 , be subject to a fine of not more than $50,000 per day of violation, or by imprisonment,

or both. g. In addition to the penalties prescribed in this section, the commissioner may record

a notice for a violation of any provision of P.L.1962, c. 19, P.L.1972, c. 185, P.L.1977,

c. 385 or P.L.1979, c. 359, or any rule or regulation adopted, or permit or order

issued pursuant thereto, which 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 shall

remain attached thereto until such time as the violation has been remedied and the

commissioner orders the notice of violation removed. Any fees or other charges that are assessed by either the clerk or register of deeds

and mortgages of the county wherein the affected property is located or the department

for the recording of the notice of violation on the deed required pursuant to this

subsection shall be paid by the owner of the affected property or person committing

the violation. The commissioner shall immediately order the notice removed once the violation is

remedied or upon conditions set forth by the commissioner. h. Each applicant or permittee shall provide, upon the request of the department,

any information the department requires to determine compliance with the provisions

of P.L.1962, c. 19, P.L.1972, c. 185, P.L.1977, c. 385 or P.L.1979, c. 359, or any

rule or regulation adopted, or permit or order issued pursuant thereto.