If any person discharges sewage, industrial wastes or other
wastes to the POTW contrary to this chapter or any order or permit
issued pursuant to it, the Director of the Department of Water Pollution
Control may cause to be commenced a civil action for appropriate injunctive
relief in the Superior Court of this county. Such relief may include,
singly or in combinations:
A.
A temporary or permanent injunction.
B.
Assessment of the violator for the reasonable costs of any investigation,
inspection or monitoring survey which led to the establishment of
the violation and for reasonable costs of preparing and litigating
the case under this section.
C.
Assessment against the violator of compensatory damages for any loss
or destruction of wildlife, fish or aquatic life, or other natural
resources, and for any other actual damages caused by an unauthorized
discharge.
D.
Assessment against a violator of the actual amount of any economic
benefits accruing to the violator from a violation. Economic benefits
may include the amount of any savings from avoided capital or noncapital
costs resulting from the violation; the return earned or that may
be earned on the amount of avoided costs; any benefits accruing to
the violator as a result of a competitive market advantage enjoyed
by reason of the violation; or any other benefits resulting from the
violation.
Any person who violates this chapter or an administrative order issued pursuant to § 385-41 or a court order issued pursuant to § 385-45 or who fails to pay a civil penalty or to make a payment pursuant to a payment schedule entered into with the Township shall be subject, upon order of a court, to a civil penalty not to exceed $50,000 per day of such violation, and each day's continuance of the violation shall constitute a separate violation. Any penalty incurred under this section may be recovered with costs and, if applicable, interest charges, in a summary proceeding pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-10 et seq.). In addition to any civil penalties, costs or interest charges, the court, in accordance with § 385-45D, may assess against a violator the amount of any actual economic benefits accruing to the violator from the violation. The Superior Court shall have jurisdiction to enforce the Penalty Enforcement Law in conjunction with this chapter.
Whenever the Director of the Department of Water Pollution Control finds that any person is in violation of any provision of this chapter, the Director of the Department of Water Pollution Control may, in accordance with the Township enforcement response plan (§ 385-54), petition the prosecutor of this county or the Attorney General of the state to bring a criminal action and seek penalties in accordance with N.J.S.A. 58:10A-10f.(1)(a).
