Governing Law and Regulations
Voluntary disclosure and penalty immunity: New Jersey Statutes Annotated (NJSA) 13:1D-127 to 13:1D-130
Voluntary disclosure: NJSA 13:1D-130
Compliance deadline: NJSA 13:1D-127
Minor violation defined: NJSA 13:1D-129
Failure to comply: NJSA 13:1D-128
New Jersey Department of Environmental Protection (DEP)
See ADDRESSES & CONTACTS for addresses and telephone numbers.
See national section for basic information and federal regulations.
Comparison: State vs. Federal
• Rules. New Jersey law prohibits DEP from imposing civil or administrative penalties on any person who voluntarily discloses a minor violation of environmental law and meets certain time frames for correcting the violation. New Jersey law is considerably narrower in scope and application than EPA audit privilege policies.
See the national section AUDITS for a review of EPA audit and penalty immunity policy.
• Administration and enforcement. DEP administers and enforces the state's voluntary disclosure law.
VOLUNTARY DISCLOSURE STATUTE
Whenever a person responsible for a minor violation of an environmental law voluntarily discloses to DEP or the local government agency the existence of that violation, DEP or the local government agency cannot impose a civil or administrative penalty for the violation under the following circumstances:
- The violation is fully disclosed within 30 days of its discovery.
- The violation immediately ceases, and compliance is achieved within the time period established by the agency.
The periods of time established for correction and compliance must be no less than 30 days or more than 90 days, on the ...