LAND USE MANAGEMENT

Highlands Water Protection and Planning Act

Special Adopted Rules: N.J.A.C. 7:38

Authorized May 9, 2005 by Bradley M. Campbell, Commissioner

Department of Environmental Protection

N.J.A.C. 7:38-13.10 Civil administrative penalty for submitting inaccurate or false

information

(a) The Department may assess a civil administrative penalty pursuant to this section

against each violator who knowingly, recklessly, or negligently makes a false or

inaccurate statement, representation, or certification in any application, record, or

other document filed or required to be maintained under this Act.

(b) Each day, from the day of receipt by the Department of the false or inaccurate

statement, representation, or certification until the day of receipt by the Department of

a written correction by the violator, shall constitute an additional, separate and

distinct violation.

(c) The Department shall assess a civil administrative penalty for violations described in

this section based on the conduct of the violator at the mid-point of the following

ranges, except as adjusted pursuant to (d) below:

1. For each knowing false statement, representation, or certification by the

violator, the civil administrative penalty per act or omission shall be not less than

$5,000 and not more tha n $10,000 per act or omission; and

2. For each reckless or negligent false statement, representation, or certification,

the civil administrative penalty, per act or omission, shall be not less than $1,000

and not more than $2,500 per violation.

(d) The Department may adjust the amount determined pursuant to (c) above to assess a

civil administrative penalty in an amount no greater than the maximum amount nor

less than the minimum amount in the range described in (c) above, on the basis of the

following factors:

1. The compliance history of the violator; with respect to the Highlands Act and

any other statute or regulation that would have prohibited the same type of

conduct had it occurred outside the Highlands Region;

2. The impact the violation had on the environment or any regulatory decisions

made by the Department;

3. The nature, timing and effectiveness of any measures taken by the violator to

mitigate the effects of the violation and/or to formally correct the errant

submission for which the penalty is being assessed;

4. The impact of the violation upon other parties and their property.