Vanessa Day, Manager, NRO Vanessa Day, Manager, NRO

October 9, 2013October 9, 2013

ACE AcademyACE Academy

2

Statutory and regulatory Statutory and regulatory authorityauthority

The Air Pollution Control Act:The Air Pollution Control Act:

N.J.S.A.26:2C-1 et seq. and N.J.A.C. 7:27-N.J.S.A.26:2C-1 et seq. and N.J.A.C. 7:27-1.11.1

et seq.et seq.

Enforcement DocumentsEnforcement Documents Warning LetterWarning Letter Notice of Violation (NOV)Notice of Violation (NOV)

Field NOV (FNOV)Field NOV (FNOV) Idling NOVIdling NOV

Administrative Order (AO)Administrative Order (AO) Administrative Order and Notice of Administrative Order and Notice of

Civil Administrative Penalty Civil Administrative Penalty Assessment (AONOCAPA) Assessment (AONOCAPA)

Settlement DocumentsSettlement Documents

3

Related MattersRelated Matters

Penalty AvoidancePenalty Avoidance Affirmative DefenseAffirmative Defense Self DisclosureSelf Disclosure

Where to Find Enforcement Where to Find Enforcement InformationInformation DataminerDataminer Enforcement BlotterEnforcement Blotter Compliance AdvisoriesCompliance Advisories

Contact Information UpdateContact Information Update4

5

6

Notice of Violation Notice of Violation (NOV)(NOV)

Informal ActionInformal Action

No Penalty Initially IssuedNo Penalty Initially Issued

Compliance DateCompliance Date Grace Period Grace Period

7

Field NOV- Corrective Field NOV- Corrective ActionAction

8

Field NOV – Idling Field NOV – Idling ViolationViolation

Violations of Subchapter 14.3 and Violations of Subchapter 14.3 and 15.815.8

Violation to Property OwnersViolation to Property Owners

Violation to Motor VehiclesViolation to Motor Vehicles

9

10

Administrative Order Administrative Order (AO)(AO)

An AO is issued to mandate compliance An AO is issued to mandate compliance with statutory and regulatory with statutory and regulatory requirements, without the assessment of a requirements, without the assessment of a civil administrative penalty. civil administrative penalty.

If the facility does not achieve compliance If the facility does not achieve compliance with the provisions of the AO, a penalty with the provisions of the AO, a penalty may be assessed.may be assessed.

11

Administrative Order and Notice of Administrative Order and Notice of Of Civil Administrative Penalty Of Civil Administrative Penalty

Assessment (AONOCAPA)Assessment (AONOCAPA)

An AONOCAPA is issued to mandate An AONOCAPA is issued to mandate compliance with statutory and regulatory compliance with statutory and regulatory requirements and the assessment of a civil requirements and the assessment of a civil administrative penalty.administrative penalty.

Penalty assessments are calculated based Penalty assessments are calculated based on the Civil Administrative Penalty on the Civil Administrative Penalty Schedule found in N.J.A.C. 7:27A-3 et seq.Schedule found in N.J.A.C. 7:27A-3 et seq.

12

Hearing RequestsHearing Requests

An AO and AONOCAPA are formal An AO and AONOCAPA are formal documents that can be appealed. documents that can be appealed.

Submitted to the Department’s Office Submitted to the Department’s Office of Legal Affairs (OLA) with copy to the of Legal Affairs (OLA) with copy to the Regional Office.Regional Office.

Twenty days to file the hearing Twenty days to file the hearing request.request.

13

Compliance AchievedCompliance Achieved Pre-issuance of enforcement actionPre-issuance of enforcement action

Post-issuance of enforcement actionPost-issuance of enforcement action

Penalty Payment only issue Penalty Payment only issue

Settlement AgreementsSettlement Agreements

Administrative Consent Administrative Consent OrderOrder (ACO) (ACO)

Longer timeframe for compliance Longer timeframe for compliance solutionssolutions

Compliance ScheduleCompliance Schedule

Penalties and/or Stipulated PenaltiesPenalties and/or Stipulated Penalties

Force Majeure ClauseForce Majeure Clause

14

15

Affirmative DefenseAffirmative Defense

Affirmative Defense (AD) to penalty Affirmative Defense (AD) to penalty liability may be provided for air pollution liability may be provided for air pollution violationsviolations which result from: which result from:

a non-recurring equipment malfunctiona non-recurring equipment malfunction equipment start-upequipment start-up equipment shut-down equipment shut-down necessary equipment maintenancenecessary equipment maintenance

16

Affirmative DefenseAffirmative Defense

A person reporting a violation and asserting A person reporting a violation and asserting an entitlement to an affirmative defense has an entitlement to an affirmative defense has to meet statutory requirements:to meet statutory requirements:

Notification to the Department Hotline Notification to the Department Hotline

((1-877-WARNDEP1-877-WARNDEP))

Submit 30 day letter documenting Submit 30 day letter documenting

Affirmative Defense to the Regional Affirmative Defense to the Regional Office,.Office,.

17

Affirmative DefenseAffirmative Defense AD entitlement criteria:AD entitlement criteria:

the facility was being operated with due carethe facility was being operated with due care violation did violation did notnot result from an operator error result from an operator error violation was not caused by failure to violation was not caused by failure to

maintain equipment with due caremaintain equipment with due care All reasonable steps were taken to minimize All reasonable steps were taken to minimize

emissions.emissions. If malfunction, not part of a recurrent patternIf malfunction, not part of a recurrent pattern Poses no threat to public health, welfare, or Poses no threat to public health, welfare, or

environmentenvironment

18

Self DisclosureSelf Disclosure

Tier 1 (Minor) Violations eligible for Tier 1 (Minor) Violations eligible for 100% reduction100% reduction

Tier 2 (Non-Minor) Violations eligible for 75% Tier 2 (Non-Minor) Violations eligible for 75% reductionreduction

Generally, Major facilities are not entitled to Self Generally, Major facilities are not entitled to Self Disclosure penalty reductionsDisclosure penalty reductions

19

Self DisclosureSelf Disclosure

Website for self-disclosure information & Website for self-disclosure information & forms: forms: http://www.nj.gov/dep/enforcement/self-http://www.nj.gov/dep/enforcement/self-disclosure.htmdisclosure.htm

In order to self-disclose a violation, complete In order to self-disclose a violation, complete the Self Disclosure Report and send to:the Self Disclosure Report and send to: New Jersey Department of Environmental New Jersey Department of Environmental

ProtectionProtectionCompliance and EnforcementCompliance and EnforcementMail Code 401-04BMail Code 401-04BP.O. Box 420P.O. Box 420Trenton, NJ 08625-0420Trenton, NJ 08625-0420Attn: Self-Disclosures Attn: Self-Disclosures

20

Data MinerData Miner

On July 7, 2002, the Open Public Records Act On July 7, 2002, the Open Public Records Act (OPRA), became effective. (OPRA), became effective.

Prior to submitting an OPRA request, DEP invites Prior to submitting an OPRA request, DEP invites you to search our online archive of information: you to search our online archive of information: http://www.nj.gov/dep/opra/index.htmlhttp://www.nj.gov/dep/opra/index.html what violations of environmental laws and permit what violations of environmental laws and permit

conditions were found or were reported to us.conditions were found or were reported to us. what environmental incidentswhat environmental incidents were reported to were reported to

DEP in your community.DEP in your community. what type of enforcement actions were issuedwhat type of enforcement actions were issued

21

22

Enforcement BlotterEnforcement Blotter

The New Jersey DEP Enforcement Blotter lists The New Jersey DEP Enforcement Blotter lists enforcement actions taken by the Department enforcement actions taken by the Department addressing environmental violations within the past addressing environmental violations within the past 14 days.14 days.

Website:Website: http://datamine2.state.nj.us/DEP_OPRA/Oprahttp://datamine2.state.nj.us/DEP_OPRA/OpraMain/categories?category=EnforcementMain/categories?category=Enforcement%20Blotters %20Blotters

23

24

NJDEP C&E Compliance NJDEP C&E Compliance AdvisoriesAdvisories

Website:Website: http://www.nj.gov/dep/enforcement/http://www.nj.gov/dep/enforcement/

advisories-air.htmadvisories-air.htm

You can subscribe to the NJDEP C&E You can subscribe to the NJDEP C&E Advisories as they are issued at:Advisories as they are issued at:

http://www.nj.gov/dep/enforcement/http://www.nj.gov/dep/enforcement/listserv.htmllistserv.html

25

DirectorDirectorAir and Hazardous Waste Air and Hazardous Waste

Compliance and EnforcementCompliance and EnforcementEdward M. ChoromanskiEdward M. Choromanski

State of New JerseyState of New JerseyDepartment of Environmental Department of Environmental

ProtectionProtectionAir Compliance & Enforcement Air Compliance & Enforcement

Mail Code 401-04BMail Code 401-04BPO Box 420PO Box 420

Trenton, NJ 08625-0420Trenton, NJ 08625-0420

phone: (609) 633-7288phone: (609) 633-7288

Fax: (609)292-9938Fax: (609)292-9938

Central Regional OfficeCentral Regional Office

New LocationNew Location

401 E. State Street, 4th floor, Trenton

26

27

Staff are located at three regional Staff are located at three regional offices :offices : Northern RegionNorthern Region

Vanessa Day, ManagerVanessa Day, Managerphone (973) 656-4444phone (973) 656-4444fax (973) 656-4080 fax (973) 656-4080

(Bergen, Essex, Hunterdon, Hudson, Morris, Passaic, Somerset, Sussex, (Bergen, Essex, Hunterdon, Hudson, Morris, Passaic, Somerset, Sussex, Union, Warren counties)Union, Warren counties)

Central RegionCentral Region Chris Odgers, ManagerChris Odgers, Managerphone (609)292-6493phone (609)292-6493fax (609) 292-6450 fax (609) 292-6450

(Burlington, Mercer, Middlesex, Monmouth, Ocean counties )(Burlington, Mercer, Middlesex, Monmouth, Ocean counties )

Southern RegionSouthern RegionRichelle Wormley, ManagerRichelle Wormley, Managerphone (856) 614-3601phone (856) 614-3601fax (856) 614-3613 fax (856) 614-3613

(Atlantic, Camden, Cape May, Cumberland, Gloucester, Salem counties)(Atlantic, Camden, Cape May, Cumberland, Gloucester, Salem counties)

Questions ?Questions ?

28