NJDEP may issue Notices of Violation for alleged noncompliance with environmental laws, permits, or regulatory requirements. Recycling facilities should respond promptly, evaluate the cited issues, and develop an appropriate strategy for achieving compliance.

What is an NJDEP Notice of Violation?

An NOV generally identifies alleged regulatory or permit violations and may require corrective actions, documentation, or additional communication with NJDEP. The specific requirements depend on the facts of each matter.

What steps should a company take?

Review the notice carefully, preserve relevant records, investigate the alleged violations, coordinate with environmental consultants when appropriate, evaluate corrective actions, and respond within any applicable deadlines.

Why is documentation important?

Inspection reports, permits, monitoring data, employee training records, maintenance logs, photographs, manifests, and correspondence can all be valuable when evaluating and responding to an NOV.

How can companies reduce future enforcement risk?

Maintain proactive compliance programs, perform internal audits, train employees, monitor permit conditions, document corrective actions, and routinely review operations for regulatory compliance.

Common misconceptions

A Notice of Violation is not necessarily the final outcome of an enforcement matter. However, businesses should take every notice seriously and respond appropriately.

Key Takeaways

  • Respond promptly to NJDEP communications.
  • Preserve relevant records.
  • Investigate alleged violations thoroughly.
  • Implement appropriate corrective actions.
  • Strengthen long-term compliance procedures.

When should you contact an attorney?

Consult an environmental attorney as soon as practical after receiving an NJDEP Notice of Violation, particularly if significant penalties, operational restrictions, permitting issues, or complex compliance questions are involved.

Contact The Law Office of Alan S. Ashkinaze

The Law Office of Alan S. Ashkinaze represents recycling companies, waste haulers, transfer stations, and industrial businesses throughout New Jersey in NJDEP enforcement actions, Notices of Violation, permitting matters, regulatory compliance, and environmental litigation.