New Jersey § 58:1a-16
Full text of New Jersey New Jersey Statutes § 58:1a-16, with citation guidance and answers to common questions.
§ 58:1a-16.
a. Whenever, on the basis of available information, the commissioner finds that a
person is in violation of any of the provisions of P.L.1981, c. 262, or any rule or regulation adopted, or permit or order issued pursuant thereto, the commissioner may: (1) Issue an order in accordance with subsection b. of this section requiring the
person to comply; (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. The exercise of any of the remedies provided in this section shall not preclude recourse
to any other remedy so provided. b. Whenever, on the basis of available information, the commissioner finds that a
person is in violation of any of the provisions of P.L.1981, c. 262, or any rule or
regulation adopted, or permit or order issued pursuant thereto, the commissioner may
issue an order: (1) specifying the provision or provisions of P.L.1981, c. 262, or
the rule or regulation adopted, or order or permit issued pursuant thereto, of which
the person is in violation; (2) citing the action that constituted the violation;
(3) requiring compliance with the provision of P.L.1981, c. 262, or the rule or regulation
adopted, or order or permit issued pursuant thereto, of which the person is in violation;
(4) requiring the restoration to address any adverse effects resulting from the violation;
and (5) giving notice to the person of a right to a hearing on the matters contained
in the order. c. The commissioner is authorized to commence a civil action in Superior Court for
appropriate relief from a violation of the provisions of P.L.1981, c. 262, or any
rule or regulation adopted, or permit or order issued pursuant thereto. This relief may include, singly or in combination: (1) A temporary or permanent injunction; (2) Recovery of reasonable costs of any investigation, inspection, sampling or monitoring
survey that 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 P.L.1981, c. 262 for
which a civil action has been commenced and brought under this subsection; (4) An order requiring the restoration of any adverse effects resulting from any unauthorized
regulated activity for which a civil action is commenced under this subsection. 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. 1981, c. 262, 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,
or 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 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 35-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 order is in addition to all other enforcement
provisions in P.L.1981, c. 262, 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. Any person who violates any provision of P.L.1981, c. 262, or any rule or regulation
adopted, or permit or order issued pursuant thereto, or an 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 in full a civil administrative penalty levied 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 for each day during which the violation continues. 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.1981,
c. 262, 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.1981, c. 262, 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 the provisions of P.L.1981, c. 262, 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. 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.1981, c. 262, or any rule or regulation adopted, or permit or order issued
pursuant thereto.
Frequently Asked Questions About New Jersey § 58:1a-16
What does New Jersey Statutes § 58:1a-16 cover?
Section 58:1a-16 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 58:1a-16?
A common citation format is "New Jersey Statutes § 58:1a-16" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 58:1a-16 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.