New Jersey P.L.1967, c.105

AN ACT to amend the "Air Pollution Control Act (1954)," approved September 16, 1954 (P.L.1954, c.212).

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

1. Section 19 of the act of which this act is amendatory is amended to read as follows:

C.26:2C-19 Violations; penalties. 19. If any person violates any of the provisions of this act or any code, rule, regulation or order promulgated or issued pursuant to the provisions of this act, the department may institute a civil action in the Superior Court for injunctive relief to prohibit and prevent such violation or violations and the said court may proceed in the action in a summary manner. Any person who violates the provisions of this act or any code, rule, regulation or order promulgated or issued pursuant to this act shall be liable to a penalty of not more than $2,500.00 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. If the violation is of a continuing nature, each day during which it continues after the date given by which the violation must be eliminated in accordance with the order of the department shall constitute an additional, separate and distinct offense. The department is hereby authorized and empowered to 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, including a rebate of any such penalty paid to the extent of 90% thereof where such person satifies the department within 1 year or such other period as the department may deem reasonable that such violation has been eliminated or removed or that such order or injunction has been met or satisfied, as the case may be, by the installation of air pollution control apparatus.

2. This act shall take effect immediately.

Approved June 15, 1967.