N.J. Admin. Code § 7:7A-22.9 - Civil administrative penalty amount for submitting inaccurate or false information
(a)
When the Department assesses a civil administrative penalty for submittal of
inaccurate information or submittal of a false statement, representation, or
certification in an application, record, or other document required to be
submitted or maintained under the Freshwater Wetlands Protection Act or under a
permit , transition area waiver , order, exemption letter, mitigation proposal,
or rule promulgated or approved pursuant thereto, the Department shall use the
procedures in this section to determine the amount of the civil administrative
penalty. This section applies with regard to information including, but not
limited to, the presence of a historic resource and/or the presence of
regulated areas such as freshwater wetlands and freshwater wetlands transition
areas on a site .
(b) If a violation
described in this section pertains to State open waters , the Department shall
not determine the amount of the civil administrative penalty under this
section, but shall determine the penalty under the Department 's rules
implementing the enforcement provisions of the Water Pollution Control Act at
N.J.A.C.
7:14-8.
(c) Each day, from the day that a violator
submits inaccurate or false information to the Department , to the day the
Department receives a written correction from the violator, shall be an
additional, separate, and distinct violation.
(d) The daily civil administrative penalty
for each intentional, deliberate, purposeful, knowing, or willful act or
omission under this section shall be assessed at the midpoint between $ 10,000
and $ 8,000 unless adjusted under (f) below.
(e) The daily civil administrative penalty
for each violation under this section that is not listed in (d) above shall be
assessed at the midpoint between $ 1,000 and $ 0 unless adjusted under (f)
below.
(f) For a violation under
this section, the Department may adjust the civil administrative penalty amount
from the midpoint within the range listed in (d) or (e) above, based on the
following factors:
1. The violator's
compliance history;
2. The nature,
timing and effectiveness of measures the violator takes to mitigate 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.
(g) A violation under this section is
non-minor and, therefore, not subject to a grace period .
Notes
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