Bill Text: NJ S2270 | 2012-2013 | Regular Session | Introduced
Bill Title: Establishes penalty for failure to include bittering agent in antifreeze.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-10-15 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S2270 Detail]
Download: New_Jersey-2012-S2270-Introduced.html
Sponsored by:
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
Senator FRED H. MADDEN, JR.
District 4 (Camden and Gloucester)
SYNOPSIS
Establishes penalty for failure to include bittering agent in antifreeze.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the use of bittering agents in antifreeze, and supplementing P.L.2009, c.277 (C.13:1D-64 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Any person who violates any provision of section 2 of P.L.2009, c.277 (C.13:1D-65) shall be subject to a civil penalty of $500 for the first offense and $1,000 for the second or subsequent offense, to be collected in a civil action by summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" in connection with this section. If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense.
b. The Department of Environmental Protection may institute a civil action for injunctive relief to enforce the provisions of P.L.2009, c.277 (C.13:1D-64 et seq.) and prohibit and prevent a violation of section 2 of that act, and the court may proceed in the action in a summary manner.
2. This act shall take effect immediately.
STATEMENT
This bill would establish a civil penalty applicable to any person who fails to include a bittering agent in antifreeze sold in the State. Although the law currently requires the use of a bittering agent in antifreeze products sold in New Jersey, it does not provide a penalty for persons who do not comply with this requirement. The bill would fill this gap in the law by providing, in particular, that any person who fails to include a bittering agent in antifreeze would be subject to a civil penalty of $500 for the first offense and $1,000 for the second or subsequent offense. The bill would further provide that when a violation is of a continuing nature, each day during which it continues would constitute an additional, separate and distinct offense.
The penalty established by the bill would be collectable in a civil action by summary proceeding under the "Penalty Enforcement Law of 1999." The bill would also authorize the Department of Environmental Protection to institute a summary civil action for injunctive relief, as necessary to enforce, and prohibit and prevent a violation of, the antifreeze law.
The penalty proposed to be established by the bill is consistent with other penalties established under law for similar offenses involving the improper sale of toxic substances and the improper sale of products containing toxic substances.
