N.J. Admin. Code § 7:7A-22.10 - Civil administrative penalty amount for failure to allow entry and inspection
(a) The
Department shall have the authority to enter any property, facility, premises
or site for the purpose of conducting inspections, sampling of soil or water,
copying or photocopying documents or records, and for otherwise determining
compliance with any applicable law and/or condition.
(b) When the Department assesses a civil
administrative penalty under the FWPA against a person who refuses, inhibits or
prohibits immediate lawful entry and inspection of any premises, building or
place by any authorized Department representative, the Department shall use the
procedures in this section to determine the amount of the civil administrative
penalty. The amount of a civil administrative penalty for refusal of entry and
inspection under the WPCA shall be determined under 7:14-8.7.
(c) Each day that a person refuses, inhibits
or prohibits immediate lawful entry and inspection shall be an additional,
separate, and distinct violation.
(d) The daily civil administrative penalty
for a violation under this section shall be assessed at the midpoint of the
following ranges, except as adjusted under (e) below:
1. For refusing, inhibiting or prohibiting
immediate lawful entry and inspection of any premises, building or place for
which the Department has issued an administrative order, freshwater wetlands
permit, transition area waiver, approved mitigation proposal or general permit
authorization, the civil administrative penalty shall be no more than $ 10,000
nor less than $ 7,000; and
2. For
any other refusal, inhibition or prohibition of immediate lawful entry and
inspection, the civil administrative penalty shall be no more than $ 7,000 nor
less than $ 1,500.
(e)
The Department may adjust the daily civil administrative penalty amount, within
the applicable range at (d) above, based on the following factors:
1. The violator's compliance
history;
2. The nature, timing and
effectiveness of measures the violator takes to remedy the effects of the
violation;
3. The nature, timing
and effectiveness of measures the violator takes to prevent future similar
violations;
4. Any unusual or
extraordinary costs or impacts directly or indirectly imposed on the public or
the environment as a result of the violation; and/or
5. Other specific circumstances of the
violator or violation.
(f) A violation under this section is
non-minor and, therefore, not subject to a grace period.
Notes
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