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What should I do if I think I might have
a violation at my facility?
If you think you might have one or more environmental
violations at your facility, contact the Department.
you are a small business, (under 100 employees)
you may call the Department’s Small Business
Assistance Program (SBAP)
at (877) 753-1151 or (609) 292-3600). The
SBAP is located in the Department’s Environmental
Regulation Program, not the Enforcement Program.
The SBAP provides confidential, anonymous assistance
in the areas of air, water, hazardous waste
and land use. They are also available to visit
your facility if time permits. Because representatives
of the SBAP serve in a compliance assistance
capacity, not an enforcement capacity, they
will not issue an enforcement action to you
if they verify, during the Compliance portion
of the Paterson Sweep, that you have a violation
at your facility. Staff from this program can
review the environmental requirements that pertain
to your situation and review compliance options
you are a small business, (under 100 employees)
you may apply for participation in the Department’s
Program which is a voluntary, on-site compliance
assistance program operated by seasoned staff
in the Enforcement Program. If you meet the
eligibility criteria, an inspector(s) will visit
your facility and review the environmental regulations
that pertain to your program in a specific media
area such as air, water, or waste, depending
on your request. A comprehensive report of findings
and recommendations is issued to the facility
after the on-site visit. If necessary, free
follow-up visits are conducted to ensure identified
problems are corrected within an agreed upon
What should I do if I know I have a violation
at my facility?
If you know you have one or more environmental violations
at your facility, you should consider self-disclosing
those violations to the Department. Most violations
that are self-disclosed will be eligible for a 75
to 100 % penalty reduction if the following criteria
voluntarily discovered and disclosed the violation
which means that the violation was not discovered
because your air permit, for example, requires
you to operate a Continuous Emission Monitor
which automatically records emission levels.
discovered and disclosed the violation independently
of the government or a third party. For example,
to satisfy this criteria, the violation cannot
have been discovered by NJDEP during an earlier
inspection or reported by a whistleblower or
must disclose the violation to us within 21
days of having discovered it and correct it
in 60 days (although small businesses are allowed
up to 180 days). We will grant extensions of
these timelines on a case by case basis.
have not received an enforcement action for
the same violation in the preceding 12 months
(if the violation poses a minor risk to human
health or the environment) or 36 months (if
the violation poses a moderate risk to human
health or the environment).
as posing a minor risk to human health or the environment
are eligible for a 100% reduction under this policy
whereas violations that pose a moderate risk are
eligible for a 75% reduction. Small businesses are
eligible for a 100% reduction on both types of violations.
This policy is consistent
with the regulations proposed by the Department
in the NJ Register in August 2003 entitled “Penalty
Incentives for Self-Disclosure of Violations”
and is generally consistent with EPA’s policy
on the same subject. The Department’s proposed
regulations can be found at http://www.nj.gov/dep/enforcement/news.html.
If you have specific questions regarding the applicability
of the policy to your situation, please call Peg
Hanna at (609) 633-2306.
During the October 2002 Compliance and Enforcement
Strike in Camden, what types of violations were found
and what penalties were issued?
A: The violations found during the
Camden Strike are available in a report. Click
here to see the report in Adobe Acrobat format.
Penalties in Camden ranged from $200 to $60,000.
What is an NOV and what do I do if I receive one?
A: An NOV is an informal document
issued as close to the discovery and confirmation
of a violation as possible. This document is intended
to be a quick clarification of what the violation
is about, how to fix it, and the potential penalty
liability involved. Responding quickly to an NOV by
correcting the violation may help you avoid or reduce
penalties. A DEP inspector issuing an NOV may not
have all the information at the time to tell you conclusively
if penalties will be forthcoming or how much they
might be. But correcting a violation promptly is always
a good idea for both you and the environment.
What is the Community Right to Know Survey?
Who has to fill it out and why? Where can I get
a copy of the CRTK form?
Answers to these questions are available on the
Right to Know web site.
How would I know if I need to comply with the rules
that govern underground storage tanks in NJ?
A: The Bureau of Underground Storage Tanks
has information available on the Bureau
of Underground Storage Tanks web site. Check out
the frequently asked questions.
Do I need a commercial Pesticide Applicator license?
Most people who apply pesticides (the term "pesticide"
is broadly used to include substances designed to
kill or control insects, weeds, rodents, fungi,
and other pests) as part of their job or on a "for
hire" basis need to be licensed as a Commercial
Pesticide Applicator. A license to apply pesticides
is required under the above circumstances, whether
the pesticide can be obtained from the local garden
center or a licensed pesticide dealer. Examples
are exterminators, landscapers, tree sprayers, or
pet groomers. These people all need to have a Commercial
Pesticide Applicator license along with a Pesticide
Applicator Business license. School maintenance
people and apartment building superintendents who
apply pesticides are other examples of people who
need a Commercial Pesticide Applicator license,
although they do not need an Applicator Business
license since they are not in business to apply
pesticides. For full details on pesticide licensing
(including "dealer" licensing for those
people who sell the more hazardous, or "restricted"
pesticides) see the website for the DEP's Pesticide
Control Program at www.pcpnj.org.