New Jersey § 58:4a-24

§ 58:4a-24.

a. Any person who shall engage in the trade, business , or calling of a well driller , or who shall operate a well drilling machine without having a New Jersey license, except in the presence and under the immediate on-site supervision of a New Jersey licensed well driller of the proper class , or any person, partnership , or corporation that engages in the trade, business , or calling of well drilling without employing a New Jersey licensed well driller to operate a well drilling machine, or that engages in the trade, business , or calling of pump installing without employing a New Jersey licensed pump installer or New Jersey licensed well driller, for the work or the immediate on-site supervision of the actual work, or that operates without a permit as provided in this act, or that negligently aids or abets in the commission of any violation, or that violates any provision of P.L.1947, c. 377 ( C. 58:4A-5 et seq. ), any rule or regulation adopted, or order or directive issued, pursuant thereto,

shall be subject to, as applicable, any or all of the following: (1) A civil administrative penalty imposed pursuant to subsection c. of this section; (2) A civil penalty collected, as provided in subsection d. of this section, in an

action by the department, or a political subdivision of the State, in a court of competent

jurisdiction in a summary proceeding pursuant to “the penalty enforcement law,” ( N.J.S. 2A:58-1 et seq. ); (3) A civil action in accordance with subsection b. of this section; or (4) An order by the department requiring a violator to comply with the provisions

of this act or any rules or regulations adopted pursuant thereto in accordance with

subsection e. of this section . Use of any remedy available pursuant to this subsection shall not preclude the use

of any other remedy available thereunder, except that not more than one monetary penalty

may be assessed for any single violation. Any penalties or costs collected in an action brought by a political subdivision

pursuant to paragraph (2) of this subsection shall be payable to that political subdivision. Acceptance by any person, partnership, or corporation of any money or other consideration

of value for the construction of any well or installation or repair of a pump by anyone

other than a licensed well driller of the proper class or licensed pump installer,

shall be deemed prima facie evidence of the violation of this act. b. The department may institute an action or proceeding in the Superior Court for

injunctive and other relief for any violation of P.L.1947, c. 377 or of any rule,

regulation, order, or directive issued pursuant thereto, and the court may proceed

in the action in a summary manner. Such relief may include, singly or in combination: (1) Assessment of the reasonable costs of any investigation, inspection or monitoring

survey that led to the establishment of the violation, and for the reasonable costs

of preparing and litigating the case under this subsection; (2) Assessment of the reasonable cost incurred by the State in terminating any adverse

effects of a violation on water quality or other elements of the environment; (3) Assessment of compensatory damages for any loss or destruction of wildlife, fish

or other aquatic life, or other natural resources, and for any other actual damages; (4) The recovery of the costs of sealing a well as may be required pursuant to section

4 of P.L.1995, c. 312 ( C. 58:4A-4.2a ); and (5) A temporary or permanent injunction. Compensatory damages collected pursuant to paragraph (3) of this subsection shall

be paid to the General Fund, except that compensatory damages shall be paid by specific

order of the court to any persons who have been aggrieved by the violation. Recovery of assessments pursuant to paragraph (4) of this subsection shall be paid

into the “well sealing fund” established pursuant to section 5 of P.L.1995, c. 312 ( C. 58:4A-4.2b ). c. The department may assess, in accordance with a uniform policy adopted therefor,

a civil administrative penalty of not more than $5,000 for each violation directly

related to the construction of a well, and a civil administrative penalty of not more

than $1,000 for each violation that is not construction-related, and each day during

which a 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 department for violations of a similar type, seriousness, and duration. In adopting rules for a uniform civil administrative penalty policy for determining

the amount of a civil administrative penalty to be assessed, the department shall

take into account the type, seriousness, extent and frequency of a violation, the

harm to the public health or the environment resulting from the violation, the economic

benefits from the violation gained by the violator, the degree of cooperation or recalcitrance

of the violator in remedying the violation, any measures taken by the violator to

avoid a repetition of the violation, and any other pertinent factors that the department

determines measure the seriousness or frequency of the violation, or conduct of the

violator. No civil administrative penalty shall be levied pursuant to this subsection until

after the violator has been notified by certified mail or personal service. The notice shall include a reference to the section of the statute, rule, regulation,

or order or directive violated; a concise statement of the facts alleged to constitute

a violation; a statement of the amount of the civil administrative penalties to be

imposed; and a statement of the party's right to a hearing. The party shall have twenty days from the 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 department

may issue a final order assessing a penalty up to the amount of the penalty specified

in the order. If no hearing is requested, the notice shall become a final order on the twenty-first

day after receipt of the notice. Payment of the assessment is due when a final order is issued, or the notice becomes

a final order. d. Any person who violates the provisions of P.L.1947, c. 377, or any rule or regulation

adopted, or order or directive issued pursuant thereto, or a court order issued pursuant

to subsection b. of this section, or who fails to pay a civil administrative penalty

in full pursuant to subsection c. of this section, shall be subject, upon order of

a court, to a civil penalty of not more than $5,000 for each violation directly related

to the construction of a well, and a civil administrative penalty of not more than

$1,000 for each violation that is not construction-related, and each day the violation

continues shall constitute an additional, separate, and distinct offense. Any civil action to impose a penalty pursuant to this subsection may be commenced

in the Superior Court or in the municipal court and that penalty may be enforced and

collected with costs in a summary proceeding pursuant to “the penalty enforcement

law,” N.J.S. 2A:58-1 et seq. e. Whenever the department finds that a person has violated any provision of P.L.1947,

c. 377, or any rule or regulation adopted, or order or directive issued pursuant thereto,

the department may issue an order specifying the provision or provisions of P.L.1947,

c. 377, or the rule, regulation, or order or directive issued, pursuant thereto, of

which the person is in violation, citing the action which constituted the violation,

ordering abatement of the violation, and giving notice to the person of the right

to a hearing on the matters contained in the order. The ordered party shall have 20 calendar days from receipt of the order within which

to deliver to the department a written request for a hearing. Such order shall be effective upon receipt and any person to whom such order is

directed shall comply with the order immediately. A request for hearing shall not automatically stay the effect of the order. f. The department may compromise any remedy and settle any claim for a penalty under

this section in the amount in the discretion of the department as may appear appropriate

and equitable under all of the circumstances.