45:5AA-9 Violations, penalties.

610 words·~3 min read·/nj/45-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

9. a. If any person violates any provisions of P.L.1991, c.27 (C.45:5AA-1 et seq.), or any code, rule, regulation, or order adopted or issued pursuant thereto, the board, or the local enforcing agency, may institute a civil action in a court of competent jurisdiction for injunctive or any other appropriate relief to prohibit and prevent a violation or violations and the court may proceed in the action in a summary manner.

b. If any person violates the provisions of P.L.1991, c.27 (C.45:5AA-1 et seq.) or any code, rule, regulation, or order adopted or issued pursuant thereto, the board, or the local enforcing agency, may assess a civil administrative penalty of not more than $5,000 for the first offense, not more than $10,000 for the second offense, and not more than $15,000 for each subsequent offense. If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate, and distinct offense. No civil administrative penalty shall be levied except upon an administrative order issued pursuant to section 10 of P.L.1991, c.27 (C.45:5AA-10).

(1)If the board institutes an action pursuant to this subsection, 100 percent of the revenue derived from each civil administrative penalty levied pursuant to this subsection shall be directed and made available to the board.

(2)If a local enforcing agency institutes an action pursuant to this subsection, 30 percent of the revenue derived from each civil penalty levied pursuant to this subsection shall be directed and made available to the board and 70 percent of the revenue derived from each civil administrative penalty levied pursuant to this subsection shall be retained by the municipality or pilot county in which the violation occurred.

c. The board is authorized and empowered to compromise and settle any claim for a penalty in such amount in the discretion of the board as is appropriate and equitable under all circumstances.

d. Any person who violates a provision of P.L.1991, c.27 (C.45:5AA-1 et seq.) or any code, rule, regulation, or order adopted or issued pursuant thereto, or a court order issued pursuant to subsection a. of this section, or who fails to pay a civil administrative penalty in full pursuant to subsection b. of this section, is subject, upon order of the court, to a civil penalty of not more than $5,000 for the first offense, not more than $10,000 for the second offense, and not more than $15,000 for each subsequent offense.

(1)If the board institutes an action pursuant to this subsection, 100 percent of the revenue derived from each civil penalty levied pursuant to this subsection shall be directed and made available to the board.

(2)If a local enforcing agency institutes an action pursuant to this subsection, 30 percent of the revenue derived from each civil penalty levied pursuant to this subsection shall be directed and made available to the board and 70 percent of the revenue derived from each civil penalty levied pursuant to this subsection shall be retained by the municipality or pilot county in which the violation occurred.

e. If the violation is of a continuing nature, each day during which the violation continues, or each day in which the civil administrative penalty is not paid in full, constitutes an additional, separate, and distinct offense. Any penalty imposed under this section may be recovered with costs in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the "Penalty Enforcement Law of 1999" in connection with P.L.1991, c.27 (C.45:5AA-1 et seq.).

L.1991, c.27, s.9; amended 2009, c.229, s.8; 2025, c.262, s.3.