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Activity Number Effective Start Date Program Interest (PI)
Administrative Consent Order (ACO) Enforcement Action Program Interest Name
Administrative Order (AO) Finalized Date Program Interest Number (PI Number)
Administrative Order and Notice of Civil Administrative Penalty Assessment (AONOCAPA) Follow-Up Activity PI & Activity ID
(Air) Annual Compliance Certification Formal Enforcement Actions Program Interest Type (PI Type)
(Air) Compliance Schedule (Review) General Submittal Review Public Community Water System
(Air) Excess Emission Report GreenStart Inspection Public Non-Community Water System
(Air) Emission Statement Audit Hazardous Waste Sampling Public Water System
(Air) Negative Declaration (HW) Operation and Maintenance Referred to Collections
Audit (HW) Transporter Roadside Inspection Related Activities
Bear Incident Category I
Bear Incident Category II
Bear Incident Category III
Brief Compliance Inspection Incident Follow-up Status (See Types) Response to Inquiry-Executive Referral
CEHA (County Environmental Health Act) Incident ID Responsible Entity
CEHA Inspection Incident Investigation Settlement Agreement
Compliance Achieved Date Inspections Self-Initiated Investigation
Compliance Assistance Inspection Type Serious Violation/Severity
Compliance Due Date Mandatory Monthly Reporting (MMR) Significant Noncomplier (SNC)
Compliance Evaluation Negotiated Enforcement Action (NEA) Site
Site ID
Compliance Status (See Types) Notice of Civil Administrative Penalty Assessment (NOCAPA) Special Investigation
Description of Non-Compliance Notice of Violation (NOV) Standard Compliance Inspection
Discovery Activity Notice of Penalty (NOP) Stop Sale, Stop Use, Embargo
Discovery Date One Stop Violated Citation
Document Status (See Types) Prescribed Enforcement Action (PEA) Violation Status (See Types)
Document Type Program Description (Water) Affirmative Defense Review

Compliance Status Type Definitions

Compliance Not Determined No Out of Compliance
Data Collection No Obvious Concern Out of Compliance, Non-referred
Heading Not Applicable Potential Violation
In Compliance Not Inspected Yes

Document Status Type Definitions

Amended Effective-NFA Settlement Pending
Closed Hearing Requested Superceded
Conducted Referred to Collections Voided
Effective Rescinded Withdrawn

Incident Follow-up Status Type Definitions

Closed, No Inv Cl, Inv (Do Not Use) Pending
Awaiting Rev/Approve Closed, Inv-no viol Referred
CEHA - no viol Closed, Inv-w/viol Referred to Qtr. EER
CEHA - w/viol Inv., Not Confirmed  

Violation Status Type Definitions

Affirmative Defense Approved MMR Satisfied Satisfied
CEHA Violation No Further Action SNC Satisfied
Deleted Pending  
MMR and SNC Satisfied Rescinded  

Activity Number - A system generated number consisting of three alpha characters representing the Activity Type, followed by six numeric characters, the first two of which represent the calendar year and the last four of which are in sequence beginning with 0001.

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Administrative Consent Order (ACO) - A Negotiated Enforcement Action whereby the scope of remedial actions (compliance) and schedules as well as penalties are identified and agreed upon by both parties. The parties also agree on Stipulated Penalties to be assessed in the event that the violator fails to comply with an ACO.

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Administrative Order (AO) - A Prescribed Enforcement Action issued after determining that a violator has not complied with an NOV, or after determining that the violation is not a minor violation. An Administrative Order by itself carries no penalty assessment, but orders the violator to comply with a requirement in accordance with the prescribed compliance schedule.

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Administrative Order and Notice of Civil Administrative Penalty Assessment (AONOCAPA) - A Prescribed Enforcement Action issued after determining that a violator has not complied with an NOV, or after determining that the violation is not a minor violation. AONOCAPAs carry penalties, and are contestable through the State's Office of Administrative Law.

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(Air) Annual Compliance Certification - A review of Title V Annual Compliance Certification reports submitted by holders of Title V permits.

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(Air) Compliance Schedule (Review) - A review of the section of a Title V application that pertains to non-compliance issues currently existing at a facility.

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(Air) Excess Emission Report - An inspection in which Excess Emission Reports (EERs), submitted to DEP by a facility, are reviewed by an inspector/investigator.

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(Air) Emission Statement Audit - A comprehensive review of a facility's emission statement.

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(Air) Negative Declaration - Review of a facility's potential to emit when requested by facility to lower their facility size ranking.

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Audit - An inspection, under the category of Compliance Assistance, in which an inspector/investigator examines a facility for compliance with the regulations, while providing information to the facility representative. In general, no enforcement actions are issued as a result of this type of inspection, unless the situation is extraordinary in a negative way.

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Bear Incident Category I

Characterizes the Bear incident with following surroundings:

  • AGRICULTURE

  • ATTEMPTED HOME ENTRY

  • UNPROVOKED DOG ATTACK

  • HUMAN ATTACK


  • Category Level I often leads to Bearís death.

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    Bear Incident Category II

    Characterizes the Bear incident with following surroundings:

  • CAMP SITE

  • PROVOKED DOG ATTACK

  • GARBAGE

  • NUISANCE
  • OTHER
  • PROPERTY DAMAGE


  • Under Category Level II, Bear may end up being shot with rubber bullets or captured.

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    Bear Incident Category III

    Characterizes the Bear incident with following surroundings:

  • BIRD FEEDER

  • FOUND DEAD

  • INJURED BEAR

  • ILLEGAL KILL
  • OTHER
  • SIGHTING
  • URBAN BEAR
  • VECHICLE STRIKE


  • A dead Bear found or a sighting of a Bear passing through private property are examples of category level III Bear incident.

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    Brief Compliance Inspection - A routine inspection conducted on a specific schedule (i.e., weekly, biweekly, monthly, quarterly) or to review a small set of requirements, as opposed to all requirements that may apply.

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    CEHA (County Environmental Health Act) - A regulation governing the DEP's relationship with county agencies. Through this legislation agreements between state and county agencies are made in relation to environmental issues, particularly the responsibilities for environmental oversight and inspections.

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    CEHA Inspection - An inspection conducted by a county agency and authorized and/or funded under the CEHA Act. Generally, these inspections are recorded when an alleged violation has been discovered.

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    Compliance Achieved Date - The date upon which an entity has physically complied with a specific requirement.

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    Compliance Assistance - A compliance evaluation conducted by the Department for the primary purpose of identifying regulated equipment, areas or processes at a PI. Compliance Assistance can be provided by multiple programs, like Greenstart and One Stop, or be specific to a single program, like Hazardous Waste (Audit).

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    Compliance Due Date - The date the DEP program requests that an entity achieve physical compliance with a specific requirement.

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    Compliance Evaluation - A determination of the compliance status of a PI with regard to one or more rules, regulations, enforcement orders, or other requirements through inspecting the facility, reviewing records. A compliance evaluation has a start date, when an investigator began the evaluation, and an approved date, the date the Department confirmed the compliance evaluation. In general a compliance evaluation is associated with a single PI & Activity ID.

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    Compliance Status - An indication for a single requirement of the result of the compliance evaluation. Compliance Statuses include Out of Compliance (OC), In Compliance (IC), Not Determined (ND), etc.

    Compliance Status Types:

    Compliance Not Determined - Compliance could not be determined from observation or based on available evidence.  The status implies intent and an effort to make such determination.  Usually indicates the situation prevented determination or made the requirement itself irrelevant such as with projects not yet begun or equipment not in operation. 

    Data Collection - The requirement is strictly a checklist item being used to collect data about the PI, not to record compliance. For example, Potable Water checklists were developed to collect data that will eventually be stored in other NJEMS screens once developed.

    Heading - The requirement is a checklist heading, not a true regulatory requirement. There is no compliance determination made for Headings.

    In Compliance - The requirement is found to be in compliance.

    No - The requirement is strictly a checklist item not being used to record compliance. The checklist item is being used to gather information about the PI, not compliance with a true regulatory requirement. Marking a requirement as No will not create a violation.

    No Obvious Concern - The requirement is in compliance, but is enforced by another Enforcement program (i.e. a Screening Checklist requirement) and therefore should not be definitively marked with In Compliance.

    Not Applicable - The requirement does not apply to the PI or that particular inspection, and therefore a compliance status is not recorded.

    Not Inspected - There was no intention to evaluate compliance with this requirement and/or no effort was expended to evaluate compliance with it. 

    Out of Compliance - The requirement is out of compliance and becomes a violation when the inspection is finalized.

    Out of Compliance, Non-referred - The requirement is out of compliance, but should not be referred to the violation list because it is continuing in nature and the original violation is already recorded on the list. The only other time this status may be used is when a more appropriate requirement is marked OC somewhere else (ie: Non-Checklist). ON should never be used without the existence/creation of a violation record.

    Potential Violation - The requirement is alleged to be out of compliance but is enforced by another Enforcement program and therefore should be referred to that program for follow-up.

    Yes - The requirement is strictly a checklist item not being used to record compliance. The checklist item is being used to gather information about the PI, not compliance with a true regulatory requirement.

     

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    Description of Non-Compliance - A narrative explaining how an entity has failed to comply with a specific requirement.

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    Discovery Activity - The Activity Number of the inspection activity in which the alleged violation was discovered.

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    Discovery Date - The start date of the inspection activity in which the alleged violation was discovered.

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    Document Status - A term used to explain the state of a document. Document statuses include Effective; Amended; Superseded, Closed, etc.

    Document Status Types:

    Amended - An enforcement action is changed (fixed or corrected only) by a new enforcement action of the same type. The document replacing it will have a new ID but is considered as a new version of the original.

    Closed - An enforcement action is complied with completely (corrective actions, penalties, conditions, etc) are all satisfied.

    Conducted - A compliance evaluation screen is locked. The system will take the compliance evaluation screen's end date as the conducted date.

    Effective - The conditions (and corrective actions) of an enforcement action are considered to be in effect (usually begins with violator's receipt). Any clocks for due dates are ticking when effective.

    Effective-NFA - An enforcement action was issued but because of low priority or other circumstances, no more resources will be expended to ensure or confirm a return to compliance. In Land Use cases of this status a deed attachment is typically applied to ensure compliance upon the sale of property.

    Hearing Requested - An enforcement action that was effective is contested or is in court.

    Referred to Collections - An enforcement action specifying penalties that have been issued 3rd Notices for non-payment are referred to the Stateís contracted collection agency.

    Rescinded - An enforcement action that was once effective is no longer effective. This is meant to imply a reversal of previous decisions by the department.

    Settlement Pending - An enforcement action specifying penalties or leading to penalties is being addressed by a separate Settlement Agreement that was executed but is not yet completely resolved. Documents of this status can be made Effective again in the event the Settlement is not paid or resolved.

    Superceded - An enforcement action is replaced by a new enforcement action, usually of a new type. The document replacing it will have a new ID and is considered as a distinct 2nd document (NOV to AONOCAPA).

    Voided - Applies to Negiotiated Enforcement Actions (NEA) only, indicating the agreed upon conditions were not met and that any concessions by the Department no longer apply. Either a previously issued or a new Prescribed Enforcement Action that is more restrictive or punitive will be made effective.

    Withdrawn - A draft negotiated enforcement action was sent to a violator but was not signed and executed by all parties. Withdrawn documents were never effective.

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    Document Type - The description of an enforcement action. Document types include NOV (Notice of Violation); Administrative Order; AONOCAPA (Administrative Order and Notice of Civil Administrative Penalty Assessment); NOCAPA (Notice of Civil Administrative Penalty Assessment); Settlement Agreement; Stipulation of Settlement; etc.

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    Effective Start Date - The date on which the Responsible Entity received an enforcement action.

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    Enforcement Action - A legal document issued by the NJDEP to a person or facility responsible for a violation of the State's environmental regulations. Enforcement actions are either Prescribed Enforcement Actions or Negotiated Enforcement Actions.

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    Finalized Date - The date, upon which the inspector/investigator completed the inspection, submitted a report, and the report was reviewed and approved by a supervisor.

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    Follow-Up Activity - Any activity performed by an inspector to determine the compliance status of a regulatee with regard to a previously issued enforcement action. Examples of follow-up activities include re-inspections and confirmation of receipt of submittal requirements.

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    Formal Enforcement Actions - A category of enforcement actions consisting of all Prescribed Enforcement Actions except Notices of Violation.

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    General Submittal Review - A review of materials submitted to a DEP program either to determine compliance or to grant or deny requests for extension in achieving compliance.

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    GreenStart Inspection - A type of Compliance Assistance inspection that is requested by a facility. The facility may request that one or more DEP program areas perform an inspection of their facility. In general, no enforcement actions are issued as a result of this type of inspection, unless the situation is extraordinary in a negative way.

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    Hazardous Waste Sampling - An inspection that includes the DEP staff taking samples of materials in order to determine compliance with the regulations.

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    (HW) Operation and Maintenance - An inspection conducted at Hazardous Waste regulated Landfills; Surface Impoundments; Lagoons; etc. in which DEP personnel observe the sampling of monitoring wells and send a report to the Federal Environmental Protection Agency (EPA) explaining their findings.

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    (HW) Transporter Roadside Inspection - An inspection conducted throughout the State of New Jersey on a highway in which motor vehicles are pulled over by the State Police and examined for compliance with Federal Department of Transportation requirements, as well as New Jersey State Regulations.

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    Incident Follow-up Status - An indication of how or if the incident was resolved. Incident Follow-up Statuses include Pending, Referred, Closed-Investigated (with or without violations), etc.

    Incident Follow-up Status Types:

    Closed, No Inv - A routine notification was mJune 15, 2012he DEP made no response or investigation into it.

    Awaiting Rev/Approve - This is an interim status used to help supervisors find incidents that require review and approval. Once considered complete the status will be set to a final status like Closed, Inv-no viol, Closed, Inv-w/viol or Inv., Not Confirmed.

    CEHA - no viol - DEP referred the investigation to a CEHA agency that responded and conducted an investigation, which concluded without identification of any violations.

    CEHA - w/viol - DEP referred the investigation to a CEHA agency that responded and conducted an investigation, which concluded with identification of one or more violations.

    Cl, Inv (Do Not Use) - This is the old Closed, Investigated status that can not be deleted because of historical data, but is not to be used when adding a new incident follow-up status.

    Closed, Inv-no viol - DEP responded and conducted an investigation, which concluded without identification of any violations.

    Closed, Inv-w/viol - DEP responded and conducted an investigation, which concluded with identification of one or more violations. When this status is used, there must be a link established from the CE screen which documents the violation, to the incident.

    Inv., Not Confirmed - DEP responded but there was no longer an issue to agree or disagree with. The investigation has terminated upon responding. This may be due to not making contact with a complainant or the complainant retracting the complaint. This status is also used if the complaint is anonymous and upon arrival there is no reason found for concern. This status will essentially be used to identify where resources have been used fruitlessly.

    Pending - The incident was recorded and may be under investigation. The staff assigned field will be populated if it is under investigation. In the new version, Pending incidents are assigned only if there is a value in the staff assigned field.

    Referred - The incident record was provided to another authority for their attention.

    Referred to Qtr. EER - This is an Air specific status that indicates the incident will be followed-up and concluded during review of the associated quarterly Excess Emission Report (EER).

     

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    Incident ID - The unique identification number given to each notification received by the NJDEP Communication Center.

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    Incident Investigation - An inspection resulting from one or more phone calls to the DEP's Communication Center, either from a citizen or a facility representative. Generally, Incident Investigations are recorded when a violation has resulted, however, this is not always the case.

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    Inspections - Compliance evaluations conducted through site visits and/or submittal reviews that are identified as essential programmatic activities. These include inspections targeting specific industries, pollutants, and geographical areas to further the Department's initiatives.

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    Inspection Type - A subcategory of an inspection. Inspection Types include (Air) Excess Emission Report; Brief Compliance Inspection; Standard Compliance Inspection; Incident Investigation; (HW) Transporter Roadside Inspection; etc.

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    Mandatory Monthly Reporting (MMR) - A NJPDES permittee who monitors and reports less frequently than monthly has a violation which requires the permittee to adjust its monitoring schedule to monitor and report on a monthly basis. The increased monitoring is triggered by a Serious Violation or by the failure to submit a complete Discharge Monitoring Report.

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    Negotiated Enforcement Action (NEA) - An enforcement action executed by both the Department and the regulatee to address existing non-compliance issues through a compliance schedule, resolve a penalty assessment or both. A Negotiated Enforcement Action is one of the following activity types: Administrative Consent Order, Alternate Dispute Resolution, Judicial Consent Order, Penalty Settlement Offer, Settlement Agreement, Stipulation of Settlement.

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    Notice of Civil Administrative Penalty Assessment (NOCAPA) - An enforcement action issued for a non-minor violation that has been corrected in the time between the occurrence of the violation and the preparation of the enforcement action.

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    Notice of Penalty (NOP) - An enforcement action used by the Pesticides, Radiation, Water Allocation and Stream Encroachment programs which only have authority to assess civil penalties, as opposed to civil administrative penalties. The Notice of Penalty identifies the violation, directs them to correct it, and offers to settle for a specified amount. If the violator is not willing to settle, the case is referred to the Office of the Attorney General.

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    Notice of Violation (NOV) - A Prescribed Enforcement Action that puts the violating party on notice that a violation has occurred. A NOV can be prepared either as a result of an inspection or review of a submittal from a regulated facility. The NOV lists the date of discovery of the violation, description of the violation, and a compliance due date. NOVs do not carry penalties, but can serve as the basis for additional enforcement action if compliance is not achieved. Generally a NOV will allow 30 to 60 days for compliance. NOVs cannot be appealed. In many instances, if the violation is corrected, no additional actions will follow.

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    One Stop - An inspection conducted by multiple DEP programs to determine compliance with ALL applicable requirements at a facility.

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    Prescribed Enforcement Action (PEA) - An enforcement action unilaterally issued by the Department to a regulatee as the result of a violation discovered or confirmed through a compliance evaluation. A Prescribed Enforcement Action is one of the following activity types: Administrative Order, Administrative Order and Notice of Civil Administrative Penalty Assessment, Notice of Civil Administrative Penalty Assessment, Notice of Violation, Judicial Order, Judicial Order with Penalty, and a Stipulated Penalty Demand Letter.

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    Program Description - The term used to describe a DEP program (i.e., Air; Water Quality; Hazardous Waste; Solid Waste; TCPA; DPCC; Right To Know; etc.).

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    Program Interest (PI) - The data representation of a logical grouping of related resources (mainly structures, facilities, buildings, machinery, equipment, etc.) located at, or associated with a DEP-designated Site, which are of interest to one DEP Program. The program's interest is the result of activities, operations and/or situations requiring DEP regulation or oversight. Aspects of one Program Interest may overlap either partially or entirely with those of another, depending on the focus of the interested programs with regulatory or oversight responsibility. As a result, a single facility may be represented by more than one Program Interest data record.

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    Program Interest Name - The name used by a DEP program area or provided by a regulated entity to describe a Program Interest.

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    Program Interest Number (PI Number) - The unique identifying number for a PI. The PI Number may include letters, numbers and in some cases dashes.

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    PI & Activity ID - The unique combination of a regulatee's Program Interest Identification # and the NJEMS identification of the subject activity. For example the PI & Activity ID, "55600 - NEA000012" refers to the 12th (0012) Negotiated Enforcement Action (NEA), issued in calendar year 2000 (00), to the Program Interest with ID# 55600.

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    Program Interest Type (PI Type) - A descriptor serving to differentiate between varieties of Program Interests within a given program. Each Program Interest may only be labeled with a single PI Type at a time, even if it somehow displays attributes of other documented PI Types. PI Types are not permanent and may change for a given Program Interest over time if either the Program Interest changes or the program's needs for classification change.

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    Public Community Water System - "Public community water system" means a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

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    Public Non-Community Water System - "Public noncommunity water system" means a public water system that is not a public community water system and is either a "public nontransient noncommunity water system" or a "public transient noncommunity water system" as defined in this section.

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    Public Water System - "Public water system" means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least 15 service connections or regularly serves at least 25 individuals daily for at least 60 days out of the year. Such term includes any collection, treatment, storage and distribution facilities under control of the operator of such system and used primarily in connection with such system, and any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. A public water system is either a "public community water system" or a "public noncommunity water system".

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    Related Activities - Activities that amend, supersede or co-exist with the activity that you are viewing. Related activities include one or more of the same alleged violations discovered during an inspection.

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    Response to Inquiry-Executive Referral - An inspection conducted as a result of either an Executive Referral (either from DEP Executive Staff or other State Executive Staff members) or a letter from the general public.

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    Responsible Entity - A person and/or company to whom an enforcement action is issued. This entity is considered to be legally responsible for the alleged violation and corrective actions to be taken to achieve compliance.

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    Self-Initiated Investigation - An inspection that is conducted as a result of either reviewing paperwork at another location or that is observed during the course of daily work. These are impromptu inspections.

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    Serious Violation - Listed as Severity on the Violation reports - is an exceedance of a NJPDES permit limit as follows: 1. Exceedance of a monthly average by 20% or more for a hazardous pollutant; or 2. Exceedance of a monthly average by 40% or more for a non-hazardous pollutant.

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    Settlement Agreement - This is a document drafted by the Department then reviewed by the violator and jointly executed. It is used primarily to resolve penalty disputes for a contested formal document issued by the Department. The settlement document should include a brief description of the violation(s), a statement indicating that compliance was achieved, and a penalty settlement with instructions on when and where to remit payment and withdrawal of hearing request.

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    Significant Noncomplier (SNC) -Listed as Severity on the Violation reports - any person who commits any of the following NJPDES violations: 1. A serious violation for the same pollutant, at the same discharge point source, in any two months of any six month consecutive period; 2. Exceedance of an effluent limitation expressed as a monthly average, for the same pollutant, at the same discharge point source, by any amount in any four months of any consecutive six month period; or 3. Failure to submit a completed discharge monitoring report in any two months of any consecutive six month period.

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    Site - A Site is a single, contiguous piece of real property, identifiable by location or spatial descriptors that encompasses one or more Program Interests.

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    Site - A site ID identifies a DEP regulated site.

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    Special Investigation - An inspection that requires a lengthy investigation, requiring multiple site visits and several file and/or other paperwork reviews.

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    Standard Compliance Inspection - An assigned inspection conducted by DEP programs to determine compliance with all applicable requirements.

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    Stop Sale, Stop Use, Embargo - An enforcement action used by the Pesticide and Radiation program when a pesticide or radiation-producing piece of equipment is being used in violation of the law and/or regulations. An embargo prohibits the violator from using the pesticide or radiation equipment until further notice.

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    Violated Citation - The alphanumeric code used to define a specific requirement. The Violated Citation may refer to New Jersey State Administrative Code; Federal Regulation; and/or New Jersey Statute.

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    Violation Status - The state of a specific requirement. Violation Statuses include Pending; Rescinded; Satisfied; etc.

    Violation Status Types:

    Affirmative Defense Approved - A violation was referred to the list and it was later determined to be outside of the entity's control. This implies an event was indeed a violation but any penalties are excused.

    CEHA Violation - A violation that was discovered by a county environmental health agency (county health department).

    Deleted - Indicates that the violation record was created through a procedural error and should be erased. This should not be used when a decision is made to "overturn" or reverse a violation. The record will remain in the system, it will just be marked with deleted status.

    MMR and SNC Satisfied - A water enforcement specific code indicating that two aspects of the violation have been satisfied.

    MMR Satisfied - A water enforcement specific code indicating that only one of two possible aspects of the violation have been satisfied.

    No Further Action - The department considers the violation an accurate record of the situation, but some or all of the aspects remain unresolved. The department has chosen not to take any further action.

    Pending - All violations default to this status upon creation. They should remain in this status throughout the creation, issuance and effective period of any documents they are included in.

    Rescinded - The department agrees that the violation is not an accurate account of the situation but the record will remain to show the history of how it was addressed.

    Satisfied - The violation was fully corrected.

    SNC Satisfied - A water enforcement specific code indicating that only one of two possible aspects of the violation have been satisfied.

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    (Water) Affirmative Defense Review - A review conducted by Water Compliance and Enforcement staff in response to an alleged effluent violation of a NJPDES permit that may result in mandatory penalties. The Water Compliance and Enforcement staff reviews the circumstances surrounding these requests in order to determine whether they should be approved or denied.

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    Department of Environmental Protection
    P. O. Box 402
    Trenton, NJ 08625-0402

    Last Updated: June 15, 2012

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