New Jersey Statutes 58:11-71. Violations; penalties
Terms Used In New Jersey Statutes 58:11-71
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
b. Any person who violates or causes the violation of any of the provisions of this act or any operating requirements shall be liable to a civil administrative penalty of not more than $5,000.00 for each offense to be imposed by the department pursuant to standards adopted in regulations, or a civil penalty of not more than $5,000.00 for each offense. If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense.
c. The department may recover in any civil action the State‘s reasonable costs of preparing and litigating the civil action pursuant to this act.
d. Any and all penalties prescribed by any provisions of this act may be recovered in a civil action by a summary proceeding under “the penalty enforcement law” (N.J.S. 2A:58-1 et seq.). The Superior Court shall have jurisdiction to enforce the penalty enforcement law.
e. The department is authorized and empowered to compromise and settle any penalty imposed under this section in such amount in the discretion of the department as may appear appropriate and equitable under all of the circumstances.
f. All penalties received pursuant to the provisions of this act shall be paid into the “Environmental Services Fund” created by P.L.1975, c.232 (C. 13:1D-29 et seq.), and expended for the functions authorized herein.
L.1983,c.230,s.8; amended 1991,c.91,s.530.