An NJDEP Notice of Violation does not automatically determine the final outcome of an enforcement matter, but it should never be ignored. Understanding the alleged violations, preserving relevant records, and responding appropriately are important first steps.

What is an NJDEP Notice of Violation?

A Notice of Violation identifies alleged noncompliance with environmental laws, regulations, permit conditions, or reporting obligations. It may request corrective actions, additional information, or other responses within specified deadlines.

What should businesses do first?

Carefully review the notice, identify response deadlines, preserve relevant documents, investigate the underlying facts, avoid making assumptions, and coordinate with appropriate technical and legal professionals before responding.

What mistakes should be avoided?

Ignoring deadlines, providing incomplete information, failing to preserve records, or implementing corrective actions without understanding the regulatory issues can complicate the matter.

How can businesses prepare a response?

Develop a factual understanding of the issues, gather supporting documentation, evaluate compliance history, coordinate with environmental consultants when appropriate, and prepare a complete, well-supported response.

Common misconceptions

Receiving a Notice of Violation does not always result in penalties or litigation, but it should be treated as a significant regulatory event requiring prompt attention.

Key Takeaways

  • Do not ignore an NJDEP Notice of Violation.
  • Review deadlines carefully.
  • Preserve relevant records.
  • Investigate the underlying facts.
  • Seek experienced legal guidance when appropriate.

When should you contact an attorney?

Consult an environmental attorney as soon as possible after receiving an NJDEP Notice of Violation, particularly if significant penalties, permit issues, enforcement actions, or complex compliance questions may be involved.

Contact The Law Office of Alan S. Ashkinaze

The Law Office of Alan S. Ashkinaze represents commercial and industrial businesses throughout New Jersey in NJDEP enforcement matters, regulatory compliance, permitting issues, and environmental disputes.