N.J. Admin. Code § 7:7A-22.5 - Assessment, settlement, and payment of a civil administrative penalty

(a) To assess a civil administrative penalty under N.J.S.A. 13:9B-1 et seq. or N.J.S.A. 58:10A-1 et seq., the Department shall notify the violator by certified mail (return receipt requested) or by personal service. This Notice of Civil Administrative Penalty Assessment (NOCAPA) shall:

1. Identify the section of the statute, rule, administrative order, or permit violated;

2. Concisely state the alleged facts that constitute the violation;

3. Specify the amount of the civil administrative penalty to be imposed and the fact that interest may be due in accordance with (c) below; and

4. Advise the violator of the right to request an adjudicatory hearing pursuant to the procedures in N.J.A.C. 7:7A-22.6.

(b) Payment of the civil administrative penalty is due when a notice of civil administrative penalty assessment becomes a final order, as follows:

1. If no hearing is requested pursuant to N.J.A.C. 7:7A-22.6, a notice of civil administrative penalty assessment becomes a final order on the 36th calendar day following receipt of the notice of civil administrative penalty assessment by the violator;

2. If the Department denies an untimely submitted hearing request pursuant to N.J.A.C. 7:7A-22.6(d), a notice of civil administrative penalty assessment becomes a final order on the 36th calendar day following receipt of the notice of civil administrative penalty assessment by the violator;

3. If the Department denies a hearing request pursuant to N.J.A.C. 7:7A-22.6(e) because it does not include all the required information, a notice of civil administrative penalty assessment becomes a final order upon receipt of notice of such denial by the violator; or

4. If the Department grants a hearing request, a notice of civil administrative penalty assessment becomes a final order upon receipt by the violator of a final order in the contested case.

(c) In addition to the amount of the civil administrative penalty that is due and owing pursuant to (b) above, the violator shall also pay to the Department interest on the amount of the penalty, at the rate 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, R. N.J.S.A. 4:42-11(a). Interest shall accrue on the amount of the civil administrative penalty due and owing from the date the payment is due and continuing until the civil administrative penalty is paid in full with interest if:

1. A violator does not pay a civil administrative penalty imposed pursuant to a final order within 90 calendar days of the date that payment is due; or

2. A violator fails to make a civil administrative penalty payment pursuant to a payment schedule entered into with the Department within 90 calendar days of the date that payment is due.

(d) The Department may, in its discretion, settle any civil administrative penalty assessed pursuant to N.J.A.C. 7:7A-22.7 through 22.12 according to the factors at (d)1 through 4 below. As provided at N.J.A.C. 7:7A-22.4(c), this subsection does not apply to penalties assessed for violations of N.J.S.A. 58:10A-1 et seq.:

1. Mitigating or extenuating circumstances not previously considered in the assessment of penalties;

2. The timely implementation of measures leading to compliance not previously considered in the assessment of penalties, including measures to clean up, reverse, or repair environmental damage caused by the violation, or to remove the violation;

3. The full payment by the violator of a specified part of a civil administrative penalty assessed if made within a time period established by the Department in an administrative order and provided that the violator waives the right to request an adjudicatory hearing on the civil administrative penalty; or

4. Any other terms or conditions acceptable to the Department.

Notes

N.J. Admin. Code § 7:7A-22.5

Amended and recodified from N.J.S.A. 16:55-16.6 by 49 N.J.R. 3849(a), effective 12/18/2017