52:27F-21 - Violations; injunctions; penalties; compromise and settlement of claim for penalty - New Jersey Statutes

52:27F-21.  Violations;  injunctions;  penalties;  compromise and settlement  of claim for penalty
    a.  Upon a violation of this act or of any rules, regulations, or orders promulgated hereunder, the commissioner, the county prosecutor of the county in  which the violation occurs if he has the approval of the commissioner, or any  aggrieved person shall be entitled to institute a civil action in a court of  competent jurisdiction for injunctive relief to restrain such violation and for  such other relief as the court shall deem proper.  The court may proceed in a  summary manner.

    b.  Except as otherwise specifically provided, any person who violates the provisions of this act or any rule, regulation or order adopted pursuant to this act shall be liable to a penalty of not more than $300.00 for the first offense and not more than $3,000.00 for the second or any subsequent offense, to be collected in a civil action by a summary proceeding under  "the penalty enforcement law"  (N.J.S. 2A:58-1 et seq.), or in any case before a court of competent jurisdiction wherein injunctive relief has been requested.  The Superior Court shall also have jurisdiction to enforce  "the penalty enforcement law."   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 compromise and settle any claim for a penalty under this section in such amount in the discretion of the department as may appear appropriate and equitable under all of the circumstances.

     L.1977, c. 146, s. 19, eff. July 11, 1977.  Amended by L.1980, c. 152, s. 1, eff. Nov. 22, 1980.