New Jersey Statutes Title 13. Conservation and Development Parks and Reservations 13 § 1D-129

(5)(a) The person responsible for the violation has not been identified in a previous enforcement action by the department or a local government agency as responsible for a violation of the same requirement of the same permit within the preceding 12-month period;

(b) in the case of a violation that does not involve a permit, the person responsible for the violation has not been identified in a previous enforcement action by the department or a local government agency as responsible for the same or a substantially similar violation at the same facility within the preceding 12-month period;

(c) in the case of a violation of the “Coastal Area Facility Review Act,” P.L.1973, c. 185 (C. 13:19-1 et seq.); the “Freshwater Wetlands Protection Act,” P.L.1987, c. 156 (C. 13:9B-1 et seq.); “The Wetlands Act of 1970,” P.L.1970, c. 272 (C. 13:9A-1 et seq.); R.S. 12:5-1 et seq.; the “Flood Hazard Area Control Act,” P.L.1962, c. 19 (C. 58:16A-50 et seq.) or any rule or regulation promulgated thereunder, or permit issued pursuant thereto, the person responsible for the violation has not been identified in a previous enforcement action by the department or a local government agency as responsible for the same or a substantially similar violation at the same site or any other site within the preceding 12-month period; or

(d) in the case of any violation, the person responsible for the violation has not been identified by the department or a local government agency as responsible for the same or substantially similar violations at any time that reasonably indicate a pattern of illegal conduct and not isolated incidents on the part of the person responsible; and