Administrative orders are formal enforcement tools that may require businesses to take corrective actions, provide information, comply with permit obligations, or address alleged violations of environmental laws. Prompt evaluation of an order is essential.

What is an administrative order?

An administrative order is a written directive issued by a regulatory agency requiring specified actions within established deadlines. Depending on the circumstances, it may address alleged permit violations, contamination, reporting obligations, corrective measures, or other compliance issues.

How should businesses respond?

Carefully review the order, identify all deadlines and required actions, preserve relevant records, investigate the underlying facts, coordinate with technical professionals, and develop an organized response strategy before taking significant action.

What mistakes should be avoided?

Businesses should avoid ignoring an administrative order, missing deadlines, providing incomplete information, failing to preserve documentation, or assuming the order can be resolved without careful review.

Can administrative orders be resolved?

Many administrative orders involve discussions regarding compliance, corrective actions, schedules, or other resolution options depending on the applicable laws, agency policies, and the specific facts of the matter.

Common misconceptions

Receiving an administrative order does not automatically determine the final outcome of an enforcement matter, but it should always be treated as a serious legal and regulatory issue.

Key Takeaways

  • Review every administrative order promptly.
    • Understand all deadlines and obligations.
    • Preserve relevant records.
    • Coordinate legal and technical responses.
    • Address compliance issues proactively.

When should you contact an attorney?

Consult an environmental attorney immediately after receiving an administrative order from NJDEP or USEPA, particularly if the matter involves potential penalties, operational restrictions, corrective actions, or complex regulatory issues.

Contact The Law Office of Alan S. Ashkinaze

The Law Office of Alan S. Ashkinaze represents commercial developers, manufacturers, property owners, recycling companies, and other businesses throughout New Jersey in environmental enforcement, administrative proceedings, regulatory compliance, and permitting matters.