Section: Enforcement; violations, penalties.
17. a. The State, including the Attorney General and the department, shall be authorized to initiate independent action to enforce any provision of this act, including failure by a manufacturer to remit the registration fee required pursuant to section 3 of P.L.2007, c.347 (C.13:1E-99.96) or section 9 of P.L.2007, c.347 (C.13:1E-99.102), or any fee required pursuant to subsection b. of section 18 of P.L.2007, c.347 (C.13:1E-99.111) to the department. Any funds awarded by the court shall be used first to offset enforcement expenses. Money in excess of the enforcement expenses shall be deposited into a separate account, and shall be dedicated for use by the department solely for the purposes of administering and enforcing the provisions of this act and any rules or regulations adopted pursuant thereto.
b. Any person who violates the provisions of this act shall be subject to a penalty of not less than $500 nor more than $1,000 for each offense, to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), or in any case before a court of competent jurisdiction wherein injunctive relief has been requested. The Superior Court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" in connection with this act.
If the violation is of a continuing nature, each day during which it continues constitutes an additional, separate, and distinct offense.
The department may institute a civil action for injunctive relief to enforce this act and to prohibit and prevent a violation of this act, and the court may proceed in the action in a summary manner.
c. Violations of the act include, but are not limited to:
(1) the sale of a new covered electronic device by any person that is not in full compliance with the provisions of this act;
(2) the use of a qualified collection program to recycle covered electronic devices not discarded within the State, or region as provided in section 19 of P.L.2007, c.347 (C.13:1E-99.112);
(3) the knowing failure to report or accurately report any data required to be reported to the department pursuant to this act; and
(4) the non-payment of any fee required pursuant to this act.
L.2007, c.347, s.17; amended 2008, c.130, s.14.
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