reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 6 - HIGHLANDS PRESERVATION AREA APPROVAL › Section 7:38-6.6 - Waiver for redevelopment in certain previously developed areas in the Highlands preservation area: Department-designated Highlands Brownfields

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance with N.J.S.A. 13:20-33b(2), the Department may, on a case by case basis, waive any of the provisions for a HPAA if such waiver is necessary for redevelopment of certain previously developed areas in the preservation area identified by the Council pursuant to N.J.S.A. 13:20-9b and N.J.S.A. 13:20-11a(6)(h). A waiver under this section shall apply only to Department-designated Highlands brownfield sites designated pursuant to (b) below, and identified as an area appropriate for redevelopment by the Council. For the purposes of this section only, "site" means a parcel designated by a block and lot, or several contiguous parcels if owned or controlled by the applicant so long as all parcels meet the criteria in (b) below.
(b) For the purposes of this section, a site that meets the criteria in one of the following three Tracks is eligible for designation by the Department as a Highlands brownfield, provided that the contamination onsite is not the result of a current or previous agricultural use:
1. Track One: A sanitary landfill facility;
2. Track Two: A former or current commercial or industrial site for which:
i. Prior to the issuance of a final remediation document, a remedial action report was completed confirming the presence of contamination onsite, and documenting the current or previous use as a commercial or industrial site;
ii. The Department or a licensed site remediation professional has issued a final remediation document for the entire site for which the brownfield designation is sought as of July 1, 1993, or later, pursuant to N.J.A.C. 7:26C-6; and
iii. No discharge of a contaminant has occurred on the site since the date of the final remediation document. Sites where a discharge of a contaminant has occurred on the site since the Department or a licensed site remediation professional has issued a final remediation document must apply for designation through Track Three; or
3. Track Three: A former or current commercial or industrial site with suspected or confirmed contamination onsite for which neither the Department nor a licensed site remediation professional has issued a final remediation document.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 6 - HIGHLANDS PRESERVATION AREA APPROVAL › Section 7:38-6.7 - Waivers for redevelopment in certain previously developed areas in the Highlands preservation area: 70 percent impervious surface

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance with N.J.S.A. 13:20-33b(2), the Department may, on a case by case basis, waive any of the provisions for an HPAA if such waiver is necessary for redevelopment of certain previously developed areas in the preservation area identified by the Highlands Council. A waiver under this section shall apply only to an area if and when the Highlands Council identifies a site at which at least 70 percent of the area thereof is covered with impervious surface.
(b) An applicant shall be eligible for an HPAA with a waiver for redevelopment under this section, if the applicant demonstrates that:
1. The proposed redevelopment meets the requirements at 7:38-6.2 to the maximum extent possible while still addressing the identified redevelopment need; and
2. The proposed redevelopment meets the requirements in 7:38-6.6(k)6, 7 and 8.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 6 - HIGHLANDS PRESERVATION AREA APPROVAL › Section 7:38-6.8 - Waiver to avoid the taking of property without just compensation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance with N.J.S.A. 13:20-33b, the Department may, on a case by case basis, waive any requirement for an HPAA if necessary to avoid the taking of property without just compensation.
(b) A waiver under this section shall apply only after the Department determines that the proposed development does not meet all the requirements in this chapter as strictly applied, all the applicant's administrative and legal challenges to that determination as set forth in (b)1 below have concluded, and the HPAA applicant meets the requirements in (g) below.
1. An applicant may challenge any Department HPAA decision under the rules as strictly applied if the applicant disputes the Department's findings of facts or application of the rules to those facts. Following an administrative hearing, the Commissioner shall issue a Final Decision approving or denying a HPAA under the rules as strictly applied. The applicant may appeal a Final Decision which denies the HPAA or approves it with conditions to the Appellate Division of Superior Court. If a court finds that the applicant is not entitled to an HPAA under the rules as strictly applied, the Department shall review and decide the applicant's request for a waiver to avoid a taking of property. The applicant may challenge the Department's final agency action on the waiver application after any hearing in the OAL.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 6 - HIGHLANDS PRESERVATION AREA APPROVAL › Section 7:38-6.9 - Waiver for the construction of a 100 percent affordable housing development

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to afford Bloomsbury, Califon or Glen Gardner Boros in Hunterdon County, and Ringwood Boro and West Milford Township in Passaic County reasonable opportunity to include housing for low and moderate income households in their Fair Share plans as required by the Mount Laurel Doctrine (67 N.J. 151(1975), the Fair Housing Act (52:27D-301 et seq.), and Council on Affordable Housing (COAH) rules (N.J.A.C. 5:91), the Department may, in its discretion, waive any provision contained in this chapter on an individual case by case basis to permit the construction of housing in these towns that is exclusively comprised of low and moderate income dwelling units, as defined by COAH pursuant to 5:93-5.5 and 5:94-4.6.
(b) To be eligible for this waiver, an applicant shall demonstrate that the project meets the criteria in (a) above, and that there is no other practicable means to meet the municipality's affordable housing requirements as calculated pursuant to COAH regulations and that the proposed project:
1. Has no practicable alternative that:
i. Would have less or no adverse impact on all Highlands resource areas on the site for which the HPAA is sought; and
ii. Would not have other significant adverse environmental consequences, that is, will not merely substitute other significant environmental consequences for those attendant on the original proposal;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 7 - EMERGENCY PERMITS › Section 7:38-7.1 - Emergency permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may issue a temporary, emergency HPAA only if it determines that:
1. An unacceptable threat to human life, a severe loss of property, and/or severe environmental degradation will occur if an emergency HPAA is not issued; and
2. The anticipated threat or loss will likely occur before an HPAA can be issued using the ordinary procedures of this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 7 - EMERGENCY PERMITS › Section 7:38-7.2 - Obtaining an emergency permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person applying for an emergency HPAA shall provide the following information to the Department:
1. The lot, block, street address and municipality of the proposed project, and the name and address of the land owners;
2. The exact nature of the emergency, and why the applicant believes it constitutes an unacceptable threat to human life, a severe loss of property, and/or severe environmental degradation;
3. The reasons why the emergency cannot be controlled or eliminated pending submission and review of a normal HPAA application;
4. The extent of work to be performed, and the names of the contractors performing the work, if known;
5. The extent of work in freshwater wetlands or State open waters and the proposed mitigation for that activity;
6. The number of days within which the proposed work, including mitigation, will be completed;
7. A general description of additional work that will be undertaken after completion of the mitigation and emergency work;
8. Plans depicting the emergency work and mitigation;
9. Photographs of the site depicting the emergency, to the extent possible;
10. The names and contact numbers of persons with factual knowledge of the emergency condition, and a written statement from those persons which documents the existence of the emergency;
11. The names and contact numbers of all professional engineers, consultants, or others with personal knowledge of the emergency condition, and a written statement from those persons as necessary to document the existence of the emergency;
12. When available, "as-built" drawings, showing all activities conducted under the emergency permit, including all excavation, grading, structures, and other regulated activities and a complete analysis of compliance with each of the standards contained in N.J.A.C. 7:38-3 and 6.2;
13. The applicable fee for an HPAA specified at N.J.A.C. 7:38-10; and
14. Any other information necessary for the Department to ensure compliance with this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 8 - PRE-APPLICATION PROCEDURES › Section 7:38-8.1 - Procedure for determining when a pre-application meeting is required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Activities described in applications for an HPAA may require the review of several regulatory programs within the Department. In accordance with N.J.S.A. 20-33a, the Department shall not issue an HPAA unless the Department determines that the proposed activity either complies with the requirements of these other regulatory programs or that the activity meets the requirements for a waiver pursuant to N.J.A.C. 7:36-6. The regulatory programs which are included in the HPAA permit review program are:
1. The Freshwater Wetlands Protection Act, 13:9B-1 et seq., as implemented by the Land Use Regulation Program;
2. The Endangered and Nongame Species Conservation Act, 23:2A-1 et seq., as implemented by the Land Use Regulation Program;
3. The Water Supply Management Act, 58:1A-1 et seq., as implemented by the Water Allocation Program;
4. The Water Pollution Control Act, 58:10A-1 et seq., as implemented by the Water Quality Program;
5. The Realty Improvement Sewerage and Facilities Act (1954), 58:11-23 et seq., as implemented by the Water Quality Program;
6. The Water Quality Planning Act, 58:11A-1 et seq., as implemented by the Watershed Management Program;
7. The Safe Drinking Water Act, 58:12A-1 et seq., as implemented by the Water Allocation Program; and
8. The Flood Hazard Area Control Act, 58:16A-50 et seq., as implemented by the Land Use Regulation Program.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 9 - APPLICATION CONTENTS › Section 7:38-9.1 - Basic application information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter describes the application contents for:
1. A Highlands Applicability Determination (that includes an evaluation of exemption eligibility, when applicable);
2. An HRAD, including an extension or modification of an existing HRAD;
3. An HPAA;
4. An HPAA with waiver;
5. A minor modification, major modification, or extension of an HPAA; and
6. A Highlands general permit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 9 - APPLICATION CONTENTS › Section 7:38-9.2 - Application requirements for a Highlands Applicability Determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All applicants seeking a Highlands Applicability Determination shall provide the information listed at (b) and (c) below on a Highlands Applicability Determination form. In addition, if an applicant is claiming an exemption from the Highlands Act in accordance with 7:38-2.3, the applicant shall submit the information required at (d) below. If an applicant is claiming that a project or activity is not regulated by the Department because it is an agricultural or horticultural development or use, applicants shall submit the information required at (e) below. A person applying for a Highlands Applicability Determination shall provide:
1. Information relating to the applicant, project site and proposed project or activity as described at (b) below, a fee in accordance with N.J.A.C. 7:38-10, and a certification of accuracy;
2. Detailed information about the proposed method of wastewater treatment and water supply for the proposed project or activity, as described at (c) below;
3. Additional information about the project or activity necessary to assess exemption status, as described at (d) below; and
4. If an activity is supposed to be agricultural or horticultural, information as described at (e) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 9 - APPLICATION CONTENTS › Section 7:38-9.6 - Additional application requirements for a Highlands Preservation Area Approval with waiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Before submitting an application for an HPAA with waiver, all applicants shall request and attend a pre-application meeting conducted in accordance with N.J.A.C. 7:38-8.
(b) An administratively complete application for an HPAA with waiver shall contain:
1. All of the information required in 7:38-9.5;
2. An analysis describing all alternatives to the proposed project which would reduce each impact of the project as listed in 7:38-6.2(a)  and the reasons the applicant did not adopt that alternative;
3. A description of the source of water or waste water disposal that would be used by development if the waiver is granted;
4. A request for a specific waiver in accordance with 7:38-6.4(a);
5. A detailed explanation why the proposed activity meets the criteria for a waiver in 7:38-6.4(a);
6. A detailed description of the specific HPAA requirement for which a waiver is sought, and a comparison of the HPAA standard with the level of compliance the proposed development provides (for example, "7:38-3.5 limits a development to a maximum of three percent impervious coverage whereas the proposed project requires a total of four percent");
7. An explanation how the proposed activity satisfies each of the remaining HPAA standards at N.J.A.C. 7:38-3;
8. A detailed explanation why the proposed activity satisfies the standards at 7:38-6.2(a); and
9. Documents showing the conclusion of an applicant's legal challenges, if any, to the Department's decision on the application for an HPAA under the rules as strictly applied, including:
i. The Department decision on the HPAA application made in accordance with the rules as strictly applied;
ii. The Commissioner's Final Decision granting or denying the HPAA application following the applicant's administrative challenge to the Department's findings of fact and/or application of the rules; and
iii. All court orders, consent orders, and decisions concerning the Commissioner's Final Decision including, but not limited to, orders summarily dismissing the appeal.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 9 - APPLICATION CONTENTS › Section 7:38-9.7 - Application requirements for modification or extension of an HPAA or HRAD

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant may request a modification of an HPAA or the Department may modify an HPAA on its own initiative.
(b) The following changes are minor modifications to an HPAA:
1. Correction of a typographical error that does not materially affect the terms of the HPAA;
2. An increase in the frequency of monitoring or reporting by the permittee;
3. A change in ownership or operational control of a project, where no other change in the original HPAA is necessary. If any other change in the HPAA is necessary, the change shall not be a minor modification, except as in (b)4 below; and
4. A Department approved change in materials, construction techniques, or the minor relocation of an activity on a site, if the change is required by another Department, permitting program or Federal agency. However, this change is not a minor modification if the change would disturb additional Highlands Resource Areas, or increase impervious surface on the site from the amount originally approved.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 9 - APPLICATION CONTENTS › Section 7:38-9.8 - Application requirements for Highlands general permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to the basic information required for all applications under 7:38-9.3, a person applying for a Highlands General Permit (GP) in accordance with N.J.A.C. 7:38-14 shall provide:
1. Any specific information required in the general permit if not already provided in accordance with 7:38-9.3;
2. Information regarding whether other approvals are required for the activities by Federal, interstate, State and local agencies for the activity, whether any such approvals or denials have been received, and whether the proposed activities are consistent with the rules, plans or policies of other Federal, interstate, State and local agencies; and
3. A statement whether a site is known or suspected to be contaminated with hazardous substances, and if the Department requests it, a laboratory analysis of representative samples of the soil or sediment on the site.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 10 - FEES › Section 7:38-10.1 - General fee provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each application submitted to the Department under this chapter shall include a fee unless otherwise specified. An application that does not include the fee required under this subchapter shall be considered administratively incomplete, and shall be handled accordingly pursuant to N.J.A.C. 7:38-9. The fees for each application are set forth in the fee tables in 7:38-10.2.
(b) In accordance with the applicable application checklist, personal check, certified check, attorney check, government purchase order, or money order shall pay all fees.
(c) An application fee is refundable if the Department returns the application as administratively incomplete under 7:38-11.2 or 11.3. An application fee is not refundable once the application has been declared administratively complete.
(d) In some cases, an applicant's act or omission makes it necessary for Department staff to perform more than one site visit during the review of an application. In such a case, the Department shall assess an additional fee of up to $ 1,000 for each additional site visit. No HRAD or HPAA shall be issued until the fee has been paid.
(e) An HPAA may be comprised of several components. Not all applications require review under all components. The applicant shall only be required to pay the base fee, plus any per acre fee as applicable, and the fee for each review component contained within an application.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 10 - FEES › Section 7:38-10.2 - Fee tables

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The fee for a pre-application meeting, pursuant to N.J.A.C. 7:38-8, shall be $ 500.00, except that there is no fee required for the New Jersey Department of Transportation.
(b) The application fee for Highlands Applicability Determinations (including exemptions) shall be:
1. $ 100.00 for individual applicants proposing development costing $ 100,000 or less;
2. $ 100.00 for municipalities;
3. $ 100.00 for applicants seeking a determination for any of the activities contained at N.J.A.C. 7:38-2.4(b);
4. No fee for applications submitted by the New Jersey Department of Transportation; and
5. $ 750.00 for all applicants who do not meet the requirements in (b)1 through 4 above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 11 - REVIEW OF APPLICATIONS › Section 7:38-11.1 - Procedures for review of applications

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter contains the procedures by which the Department will process and review each application described in this chapter. For the standards applicable to substantive review of a Highlands Applicability Determination, see 7:38-11.2. For the standards applicable to substantive review of an HRAD, Highlands general permit and HPAA see 7:38-11.3. For the standards applicable to substantive review of an HPAA with waiver, see N.J.A.C. 7:38-6.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 11 - REVIEW OF APPLICATIONS › Section 7:38-11.2 - Completeness review of Highlands Applicability Determinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 20 working days after the day of receipt of an application, the Department shall review the application as follows:
1. If all items required by the application checklist and/or application form are provided, the Department shall declare the application administratively complete.
2. If an item submitted to the Department is obviously deficient, the item shall be deemed missing from the application and the Department shall declare the application administratively incomplete.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 11 - REVIEW OF APPLICATIONS › Section 7:38-11.3 - Completeness review for HRADs, Highlands general permits and HPAAs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 20 working days after receiving an application, the Department shall review the application as follows:
1. If all items required by the application checklist and/or application form are provided, the Department shall declare the application administratively complete. However, if an item submitted to the Department is clearly deficient, the item shall be considered missing from the application and the Department shall declare the application administratively incomplete; and
2. If each application item is adequate to allow the Department to determine if the proposed project complies with this chapter, the Department shall declare the application technically complete.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 11 - REVIEW OF APPLICATIONS › Section 7:38-11.4 - Public comment on an application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall publish notice in the DEP Bulletin of each administratively complete application in accordance with 7:38-11.2(c)2  and 11.3(c)3. This notice shall constitute notice of the application to all interested persons except those who must be notified by the applicant under 7:38-9.2(b)5, 9.4(b)2, or 9.5(a).
(b) The Department shall make copies of all applications available for public inspection by appointment in the Trenton, New Jersey offices of the Department (see 7:38-1.2 for address) during normal business hours.
(c) The public shall have 30 days to comment on an application for a Highlands applicability determination and 45 days to comment on all HRAD or HPAA application after the Department publishes notice of the application in the DEP Bulletin under (a) above. The Department shall consider all written public comments submitted within this time. The Department may, in its discretion, consider comments submitted after this date if a decision has not yet been made on an application.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 11 - REVIEW OF APPLICATIONS › Section 7:38-11.5 - Hearings on an application for an HPAA

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 30 days after a notice of an application for an HPAA is published in the DEP Bulletin, interested persons may request in writing that the Department hold a public hearing on the application. Requests shall state the nature of the issues proposed to be raised at the hearing.
(b) The Department may issue or deny an HPAA without a public hearing. However, the Department is more likely to hold a public hearing if:
1. There is a significant degree of public interest in the application, as manifested by written requests for a hearing within the 30-day hearing request period set forth in (a) above. In considering the degree of public interest, the Department will consider whether the issues raised in the hearing requests are relevant to the application review;
2. The application involves a waiver of a requirement for an HPAA;
3. A public hearing is requested by the U.S. Environmental Protection Agency; or
4. The Department determines that the public interest would be served by holding a hearing.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 11 - REVIEW OF APPLICATIONS › Section 7:38-11.6 - Procedures for review of an HPAA with waiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The applicant shall demonstrate to the Department that the proposed project or activity meets the requirements for all waivers at 7:38-6.4(e)  and complies with the special standards applicable to the waiver being sought: 7:38-6.5 (health and safety), 6.6 (brownfields redevelopment), 6.7 (70 percent impervious surface redevelopment), 6.8 (taking without just compensation) or 6.9 (construction of 100 percent affordable housing).
(b) If the Department determines that the project or activity satisfies the criteria for a waiver in accordance with (a) above, the Department shall process the Water Quality Management Plan (WQMP) amendment request that applies to the project, if applicable, in accordance with the procedures at (c) through (i) below.
(c) Once the Department decides to proceed with a request to amend a WQMP, the Department shall advise the applicant and the applicable designated planning agency, if any, in writing of its decision. This notification shall include a public notice that shall be given for the proposed amendment. This public notice shall announce a non-adversarial public hearing, shall provide at least 30 days notice of the hearing and will be published in the New Jersey Register. The public comment period will be extended until 15 days after the hearing.
(d) At the applicant's expense, the applicant shall:
1. Mail the public notice and request written statements of consent under (e) below;
2. Provide a copy of the public notice to each affected municipality;
3. Provide for publication of the public notice in two newspapers of general circulation in the affected area;
i. The newspaper notices shall be published on a date to coincide with the publication of the New Jersey Register;
ii. The Department shall maintain a list identifying at least one of the newspapers in general circulation that shall be used for publication of the public notice in each Water Quality Management planning area; and
iii. The applicant shall provide proof of publication of the notice in the newspapers to the Department. The Department shall not act on the amendment decision until such proof of publication is received;
4. Secure a court stenographer; and
5. Provide three copies of a verbatim transcript of the hearing to the Division of Watershed Management within 30 days of the hearing.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 11 - REVIEW OF APPLICATIONS › Section 7:38-11.7 - Final decisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall approve or deny an application for a Highlands general permit within 120 days, or for an HPAA or HPAA with waiver within 180 days of receipt of a complete application, or for good cause, within such additional period of time as the Department shall notify the applicant in writing is required to complete its review under this chapter. However, if an application requires coordination with U.S. Environmental Protection Agency (USEPA) in accordance with 7:7A-12.2, a WQMP amendment, or a Safe Drinking Water, NJPDES or treatment works review the HPAA will not be approved until all requirements have been satisfied. If an applicant does not receive a response from the Department within this time, the application shall not be deemed approved.
(b) When the Department issues a decision under this chapter, the Department shall send notice thereof to the applicant.
(c) The Department may issue an HPAA imposing conditions necessary for compliance with the Highlands Act, this chapter, and all statutes listed at 7:38-1.3(a). Any regulated activities undertaken under the authority of any issued approval shall constitute an acceptance by the applicant of the entire approval including all conditions therein.
(d) Decisions by the Department shall be published in the DEP Bulletin. A copy of every HPAA or HPAA with waiver that requires USEPA review under 7:38-11.3 shall be transmitted to USEPA. Decisions by the Department on approval or denial of a WQMP amendment shall be published in the New Jersey Register and the DEP Bulletin.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 11 - REVIEW OF APPLICATIONS › Section 7:38-11.8 - Cancellation, withdrawal, resubmission and amendment of applications for HPAAs, Highlands general permits, HPAAs with waiver, HRADs or Highlands Applicability Determinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall be entitled to cancel an application if the Department submits a request to the applicant in writing for additional information and the applicant does not submit that information within 30 days of the date of the request. Before canceling an application, the Department shall send the applicant a letter stating that the application will be cancelled. If, within 15 days of the date of the Department's letter, the applicant submits the information, or a letter providing good cause for the delay, the Department shall extend the time required for submission of the information as it deems appropriate. If the applicant does not submit the information or a letter providing good cause, the application shall be deemed cancelled as of the date of the Department's last letter to the applicant.
(b) If the Department cancels an application, the application fee will not be refunded. A new application, including a new application fee, will be required if the applicant wishes to pursue the project.
(c) An applicant may withdraw an application at any time in the application review process. For all applications other than a Highlands Applicability Determination, if an application is withdrawn, the application fee will not be refunded. However, if the requirements of (e)2 below are met, the fee may be credited toward a future application.
(d) If the Department cancels an application, or if the applicant withdraws an application, the applicant may resubmit an application for a revised project on the same site. The Department will treat the submission as a new application. The fees for the resubmitted application shall be as follows:
1. If the Department cancelled the original application under (b) above, a new fee under N.J.A.C. 7:38-10 will be required;
2. If the applicant withdrew the original application under (d) above, and resubmits the application within one year of the date of withdrawal, the original application fee will be credited to the new application.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 12 - CONTENTS OF APPROVALS › Section 7:38-12.2 - Establishing conditions to an HPAA (with or without waiver)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to the standard conditions set forth in 7:38-12.1, the Department shall impose those special conditions on individual HPAAs as required to ensure the proposed activity complies with any judgment, court order or applicable law including, but not limited to, the Highlands Act, the State Water Pollution Control Act, the Federal Clean Water Act and their implementing rules and regulations.
(b) In addition to the standard requirements in 7:38-12.1, each HPAA shall include the following information, as applicable:
1. A specific identification and description of the authorized activity, including:
i. The name and address of the permittee and the HPAA identification number;
ii. The use or purpose of the major Highlands development authorized in the HPAA;
iii. The type and quantity of the materials to be discharged or used as fill;
iv. A description of the structures to be erected;
v. The location and boundaries of the activity site(s), including a detailed sketch and the name and description of affected Highlands Resource areas; and
vi. Identification of the specific site plans depicting the approved regulated activity(ies);
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 12 - CONTENTS OF APPROVALS › Section 7:38-12.3 - Duration of Highlands Preservation Area Approvals (HPAAs)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An HPAA shall be effective for a fixed term not to exceed five years from the date the Department issues the HPAA. One five-year extension may be available if the applicant provides the information at 7:38-9.7(g)  and the Department determines that all proposed activities continue to comply with the Highlands Act, including all other Department programs incorporated into the permitting review process, and this chapter.
(b) The duration and extension of HRADs are described in 7:38-9.7(h).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 12 - CONTENTS OF APPROVALS › Section 7:38-12.4 - Effect of an HPAA

Current through Register Vol. 56, No. 14, July 15, 2024
Compliance with all standards for an HPAA with or without a waiver during its term constitutes compliance, for enforcement purposes, with sections 301, 307, and 403 of the Federal Act, with the Highlands Act, and with this chapter. However, an HPAA may be modified, terminated and reissued, suspended, or terminated during its term for cause as set forth in this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 13 - ENFORCEMENT › Section 7:38-13.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
For the purposes of this subchapter, the term "rule and/or condition" refers to the provisions of the Highlands Water Protection and Planning Act 13:20-1 et seq. (Highlands Act), the rules promulgated thereunder, and any permit, approval, determination, authorization, waiver, order, exemption or requirement, issued pursuant thereto by the Department or by a court of competent jurisdiction.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 13 - ENFORCEMENT › Section 7:38-13.2 - Enforcement powers of the Department

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever, on the basis of available information, the Department finds a person in violation of any rule and/or condition, the Department may:
1. Issue an order requiring any such person to comply in accordance with (b) below;
2. Bring a civil action in accordance with 7:38-13.4;
3. Levy a civil administrative penalty in accordance with 7:38-13.5;
4. Bring an action for a civil penalty in accordance with N.J.A.C. 7:38-13.4; or
5. Petition the Attorney General to bring a criminal action in accordance with N.J.S.A. 13:20-35a(5).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 13 - ENFORCEMENT › Section 7:38-13.3 - Administrative order

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever, on the basis of available information, the Department finds a person in violation of any law and/or condition, the Department may issue an order:
1. Specifying each provision of the law and/or condition of which the person is in violation;
2. Describing the facts which constitute each violation;
3. Requiring compliance with the provision violated;
4. Requiring restoration of the area of the violation; and
5. Providing notice to the person of the right to a hearing on the matters contained in the order.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 13 - ENFORCEMENT › Section 7:38-13.4 - Civil action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever, on the basis of available information, the Department finds a person in violation of any rule and/or condition, the Department may institute a civil action in Superior Court for appropriate relief. Such relief may include, singly or in combination:
1. A temporary or permanent injunction;
2. Assessment against the violator of the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this section;
3. Assessment against the violator for any costs incurred by the State in removing, correcting, or terminating the adverse effects to the Highlands resulting from any unauthorized regulated activity for which legal action under this section may have been brought;
4. Assessment against the violator for compensatory damages for any loss or destruction of wildlife, fish or aquatic life, and for any other actual damages to the Highlands Region caused by an unauthorized regulated activity;
5. A requirement that the violator restore the site of the violation to the maximum extent practicable and feasible;
6. Assessment against the violator for recovery of any economic benefit accruing to the violator; and
7. Assessment against the violator of a civil penalty of up to $ 10,000 per day pursuant to this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 13 - ENFORCEMENT › Section 7:38-13.5 - Civil administrative penalty assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever, on the basis of available information, the Department finds a person in violation of any rule and/or condition the Department may assess a civil administrative penalty of not more than $ 25,000 for each violation of this chapter. The amount of the civil administrative penalty shall be determined pursuant to 7:38-13.7 and 13.8.
(b) Each day during which a violation continues shall constitute an additional, separate and distinct offense.
(c) Each violation of any rule and/or condition shall constitute an additional, separate and distinct violation.
(d) Where any requirement of the Highlands Act incorporates the requirements of any law, regulation, permit, approval, or authorization, the failure to comply with each such requirement shall constitute an additional, separate and distinct violation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 13 - ENFORCEMENT › Section 7:38-13.6 - Civil administrative penalty procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To assess a civil administrative penalty, the Department shall notify the violator by certified mail (return receipt requested) or by personal service. This notice of civil administrative penalty assessment shall:
1. Identify each portion of the rule and/or condition violated;
2. State the facts alleged to constitute the violation;
3. State the amount of the civil penalties to be imposed; and
4. Advise the violator of the right to request an adjudicatory hearing under 7:38-13.12.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 13 - ENFORCEMENT › Section 7:38-13.7 - Civil administrative penalty amount

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To determine the civil administrative penalty for regulated activities conducted prior to the issuance of a Highlands Preservation Area Approval, the Department shall use the procedures in 7:38-13.8. To determine the civil administrative penalty for all other violations of the Act, except for those described at 7:38-13.10 through 13.12, the Department shall use the procedures identified in this section.
(b) The Department may, in its discretion, adjust the civil administrative penalty amount determined pursuant to this section to an amount no greater than the maximum amount nor less than the minimum amount in the range described in 7:38-13.8 and 13.9, on the basis of any or a combination of the factors listed in (b)1 through 5 below and as otherwise identified in this subchapter. No such factor constitutes a defense to any violation:
1. The compliance history of the violator with respect to the Highlands Act as well as any other statute or regulation that would have prohibited the same type of conduct had it occurred outside the Highlands Region;
2. The type, number and frequency of these violation(s) by the violator;
3. The measures taken by the violator to mitigate the effects of the current violation;
4. The deterrent effect of the penalty; and/or
5. Any other extenuating, mitigating or aggravating circumstances.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 13 - ENFORCEMENT › Section 7:38-13.8 - Civil administrative penalty amount for failure to obtain a HPAA prior to conducting regulated activities pursuant to the Act

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To assess a civil administrative penalty pursuant to this section, the Department shall identify the civil administrative base penalty from Table A at (c) below by determining the number of points pursuant to (b) below. The civil administrative penalty shall be the amount within Table A at (c) below, unless adjusted pursuant to 7:38-13.7 or this section.
(b) The Department shall determine the number of points assigned to each violation by totaling the points according to (b)1 through 3 below.
1. Conduct of violator:
i. Major: Four points. Major conduct shall include any intentional, deliberate, purposeful, knowing or willful act or omission by the violator. Violations committed by persons who have applied for a permit, authorization, or approval pursuant to a land use statute or rule, or members of the professional community including, but not limited to, builders, developers, nurserymen, consultants, who knew or should have known about the adoption of the Act due to the nature of their profession, or who otherwise meet the criteria identified in this Section, shall be considered Major conduct;
ii. Moderate: Two points. Moderate conduct shall include any unintentional but foreseeable act or omission by the violator; or
iii. Minor: One point. Minor conduct shall include any other conduct not included in (b)1i or ii above;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 13 - ENFORCEMENT › Section 7:38-13.9 - Civil administrative penalties for other than failure to obtain an HPAA prior to conducting regulated activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department will assess a daily civil administrative penalty for violations described in this section other than those violations addressed in N.J.A.C. 7:38-13.8 and except for those described at N.J.A.C. 7:38-13.10 through 13.12 on the basis of the seriousness of the violation and the conduct of the violator pursuant to Table B below, unless adjusted pursuant to N.J.A.C. 7:38-13.7 or this section.
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(b) The seriousness of the violation shall be determined as major, moderate or minor as follows:
1. "Major" seriousness applies to any violation which has caused or has the potential to cause serious harm to human health, safety, and/or the environment, and/or seriously deviates from any critical or especially significant requirement of the Act or any rule and/or condition;
2. "Moderate" seriousness applies to any violation which has caused or has the potential to cause substantial harm to human health, safety and/or the environment and/or partially deviates from any other requirement of the Act or any rule and/or condition; or
3. "Minor" seriousness shall apply to any violation not included in (b)1 or 2 above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 13 - ENFORCEMENT › Section 7:38-13.10 - Civil administrative penalty for submitting inaccurate or false information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may assess a civil administrative penalty pursuant to this section against each violator who knowingly, recklessly, or negligently makes a false or inaccurate statement, representation, or certification in any application, record, or other document filed or required to be maintained under this Act.
(b) Each day, from the day of receipt by the Department of the false or inaccurate statement, representation, or certification until the day of receipt by the Department of a written correction by the violator, shall constitute an additional, separate and distinct violation.
(c) The Department shall assess a civil administrative penalty for violations described in this section based on the conduct of the violator at the mid-point of the following ranges, except as adjusted pursuant to (d) below:
1. For each knowing false statement, representation, or certification by the violator, the civil administrative penalty per act or omission shall be not less than $ 5,000 and not more than $ 10,000 per act or omission; and
2. For each reckless or negligent false statement, representation, or certification, the civil administrative penalty, per act or omission, shall be not less than $ 1,000 and not more than $ 2,500 per violation.