reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 18 - APPLICATION FEES › Section 7:7A-18.1 - Application fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				subchapter establishes the application fees for:
1. An exemption letter pursuant to
N.J.A.C. 7:7A-2.6
;
2. A letter of interpretation pursuant to
				N.J.A.C. 7:7A-4;
3. An
				authorization under a general permit pursuant to N.J.A.C. 7:7A-7, except for:
i. General permit 16--Habitat creation and
				enhancement activities, N.J.A.C. 7:7A-7.16;
ii. General permit 17--Trails and boardwalks,
				N.J.A.C. 7:7A-7.17, for a project located on publicly-owned land; and
iii. General permit 24--Malfunctioning
				individual subsurface sewage disposal (septic) systems, N.J.A.C.
				7:7A-7.24;
4. An
				authorization under a general permit-by-certification pursuant to N.J.A.C.
				7:7A-6, except for general permit-by-certification 24--Repair or modification
				of a malfunctioning individual subsurface sewage disposal (septic) system,
N.J.A.C. 7:7A-6.2
.
5. A transition area
				waiver pursuant to N.J.A.C. 7:7A-8;
6. A freshwater wetlands individual permit
				and an open water fill individual permit pursuant to N.J.A.C. 7:7A-9;
7. A water quality certificate issued under
				this chapter pursuant to
7:7A-2.1(d)
where a permit is not also issued;
8. A modification of an authorization under a
				general permit, a transition area waiver, or a freshwater wetlands or open
				water fill individual permit pursuant to N.J.A.C. 7:7A-20.6; and
9. An extension of a letter of interpretation
				pursuant to
N.J.A.C. 7:7A-4.6
, or of
				an authorization under a general permit, a transition waiver, or a freshwater
				wetlands or open water fill individual permit, pursuant to N.J.A.C.
				7:7A-20.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 18 - APPLICATION FEES › Section 7:7A-18.2 - Adjustment of application fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				When, based on budget considerations, the Department determines to adjust the
				application fees established in this subchapter for the upcoming State fiscal
				year (which runs from July 1 to June 30), the Department shall:
1. Prepare an Application Fee Adjustment
				Report, in accordance with (b) below; and
2. Publish a notice of administrative change
				in the New Jersey Register that:
i. States
				that the Application Fee Adjustment Report is available on the Department's
				website at
http://www.nj.gov/dep/landuse
;
				and
ii. Sets forth the adjusted
				application fees determined as provided at (b) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 19 - APPLICATION REVIEW › Section 7:7A-19.1 - General application review provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter sets forth the review
				procedures for applications for a letter of interpretation, applications for
				authorization under a general permit, applications for an individual permit,
				and applications for a transition area waiver. These procedures also apply to
				applications for a water quality certificate.
(b) The review procedures for the following
				are set forth elsewhere in this chapter:
1.
				For a request for a written determination of exemption from the permit
				requirements of this chapter, see
N.J.A.C.
				7:7A-2.6
;
2. For a mitigation proposal, see N.J.A.C.
				7:7A-11;
3. For a request for an
				emergency authorization, see N.J.A.C. 7:7A-14; and
4. For a request to extend, transfer, or
				modify a letter of interpretation or an approval, see N.J.A.C. 7:7A-20.4, 20.5,
				or 20.6, respectively.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 19 - APPLICATION REVIEW › Section 7:7A-19.2 - Completeness review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except for
				the applications identified at (a)1, 2, and 3 below, the completeness review
				process for all applications for a letter of interpretation, applications for
				authorization under a general permit, applications for a transition area
				waiver, applications for an individual permit, and applications for a water
				quality certificate, is set forth at (b) through (g) below.
1. For an application for authorization under
				general permit 1 for ongoing maintenance of an off-stream stormwater management
				facility created in uplands, including a wetland constructed in uplands for
				stormwater management purposes under
N.J.A.C.
				7:7A-7.1
, the completeness review
				process is set forth at
				N.J.A.C.
				7:7A-19.3;
2. For an application for authorization under
				general permit 24 for repair of a malfunctioning individual subsurface sewage
				disposal system under
				N.J.A.C.
				7:7A-7.24, the completeness review process is
				set forth at
				N.J.A.C.
				7:7A-19.3; and
3. For an application for an authorization
				under general permit 25 for minor channel or stream cleaning for local
				government agencies at
				N.J.A.C.
				7:7A-7.25, the completeness review process is
				set forth at
				N.J.A.C.
				7:7A-19.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 19 - APPLICATION REVIEW › Section 7:7A-19.3 - Department review and decision on an application for authorization for maintenance of a stormwater management facility, including a wetland constructed in uplands for stormwater management purposes, under general permit 1 and repair of a malfunctioning individual subsurface sewage disposal system under general permit 24

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within
				20 working days after receiving an application for authorization under general
				permit 1 for maintenance of a stormwater management facility, including a
				wetland constructed in uplands for stormwater management purposes, or an
				application for authorization under a general permit 24 for repair of a
				malfunctioning individual subsurface sewage disposal system, where day one of
				the 20-working day period is the date the application is received, the
				Department shall take one of the following actions:
1. Determine the application is
				administratively and technically complete and declare the application complete
				for review effective as of the date the Department received the application;
				or
2. Determine the application is
				not administratively and technically complete and notify the applicant that the
				application is incomplete. If the Department so notifies the applicant, the
				time period in (b) below shall not begin to run. If the Department does not so
				notify the applicant, the application shall be deemed administratively
				complete.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 19 - APPLICATION REVIEW › Section 7:7A-19.4 - Department review and decision on an application for authorization under general permit 25 for minor channel or stream cleaning for local government agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within
				15 calendar days after receiving an application for authorization under a
				general permit 25 for activities that do not include the removal of sediment,
				or within 60 calendar days after receiving an application for activities that
				include the removal of sediment, where day one of the 15- or 60-calendar-day
				period is the date the application is received, the Department shall take one
				of the following actions:
1. Determine the
				application is both administratively and technically complete, and declare the
				application complete for review effective as of the date the Department
				received the application, and approve or deny the application in accordance
				with the following:
i. Determine that the
				application meets the requirements of this chapter and issue an authorization
				approving the application in writing. The authorization shall include any
				conditions necessary to ensure compliance with this chapter; or
ii. Determine that the application does not
				meet the requirements of this chapter and deny the application in writing. The
				decision denying the application shall include the reasons for the
				denial;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 19 - APPLICATION REVIEW › Section 7:7A-19.5 - USEPA review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Because the
				Department has assumed responsibility for the Federal 404 program in most
				freshwater wetlands and State open waters in New Jersey, the Federal Act
				requires that the USEPA oversee the State's administration of the program set
				forth in this chapter. The procedures in (b) through (j) below explain USEPA's
				oversight role, and the procedures which the State will follow to facilitate
				USEPA's oversight. In areas where the Department has assumed the Federal 404
				program, the Department's freshwater wetlands or open water fill permit
				constitutes the permit required under this chapter as well as the Federal 404
				permit, unless the permit specifies otherwise.
(b) The Department shall transmit the
				following items to the USEPA for review:
1.
				Each new proposed draft general permit. In general, an application for
				authorization to act under an adopted general permit will not require USEPA
				review, unless the activity proposed under the general permit itself
				constitutes a major discharge;
2.
				Each application involving a major discharge;
3. Any permit application, or category of
				permit applications, that the Department determines is appropriate for USEPA
				review;
4. Any permit application
				that USEPA requests to review;
5.
				Any additions or changes made to an application listed at (b)2 through 4 above
				after the application has been submitted to USEPA, as a result of a contested
				case proceeding in the Office of Administrative Law; and
6. For informational purposes, an initial
				decision issued by an administrative law judge in a contested case proceeding
				which involves an application listed at (b)2 through 4
				above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 19 - APPLICATION REVIEW › Section 7:7A-19.6 - 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
				N.J.A.C.
				7:7A-19.1, except for an application for an
				administrative modification or a minor technical modification. The DEP Bulletin
				is available at
http://www.nj.gov/dep/bulletin
.
				This notice shall constitute notice of the application to all interested
				persons except those who must be notified by the applicant under
				N.J.A.C.
				7:7A-17.3.
(b) The Department shall make copies of all
				applications available for public inspection by appointment in the offices of
				the Department in Trenton (see
N.J.A.C.
				7:7A-1.4
for address) during normal
				business hours.
(c) The applicant
				shall transmit a copy of each application to the clerk of the municipality in
				which the project is located in accordance with N.J.A.C. 7:7A-17.3, to be made
				available for public inspection.
(d) (No change.)
(e) If a proposed discharge may affect the
				biological, chemical, or physical integrity of the waters of any state(s) other
				than New Jersey, the Department shall provide an opportunity for such state(s)
				to submit written comments within the public comment period and to suggest
				permit conditions. If these recommendations are not accepted, the Department
				shall notify the affected state and the USEPA in writing, prior to permit
				issuance, of the Department's intent not to accept these recommendations,
				together with the reasons for so doing. The USEPA shall then have the same
				amount of time provided for applications and draft general permits in N.J.A.C.
				7:7A-19.5 to comment upon, object to, or make recommendations regarding the
				Department's action.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 19 - APPLICATION REVIEW › Section 7:7A-19.7 - Department decision on an application that is complete for review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall issue an LOI within the applicable time period below:
1. If the Department does not request
				additional information regarding an LOI application under N.J.A.C.
				7:7A-19.2(b)1, within 30 days after receiving the application;
2. If the Department requests additional
				information regarding an LOI application under N.J.A.C. 7:7A-19.2(b)2, within
				45 days after receipt of information sufficient to declare the application
				complete;
3. If the applicant
				chooses to wait for a determination of resource value classification under
N.J.A.C. 7:7A-3.2
, as soon
				as the Department determines that the resource classification of the wetlands
				can be definitively determined; and
4. If the Department conducts a site
				inspection, the time set forth in this subsection for issuance of the letter of
				interpretation shall be extended by 45 days.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 19 - APPLICATION REVIEW › Section 7:7A-19.8 - Cancellation of an application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department shall cancel an application for any of the following reasons:
1. An applicant does not submit additional
				information within the time frame prescribed by the Department under this
				subchapter for an application that has been determined to be administratively
				or technically incomplete;
2. The
				applicant does not submit a fee required under N.J.A.C. 7:7A-18, or the
				Department cannot collect the fee for any reason (for example, if a check is
				returned for insufficient funds); or
3. The applicant does not comply with the
				applicable public notice requirements at
N.J.A.C.
				7:7A-17
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 19 - APPLICATION REVIEW › Section 7:7A-19.9 - Withdrawal of an application

Current through Register Vol. 56, No. 14, July 15, 2024
An applicant may withdraw an application in writing at any
				  time during the Department's review of the application. The Department shall
				  promptly acknowledge the withdrawal in writing.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 19 - APPLICATION REVIEW › Section 7:7A-19.10 - Re-submittal of an application after denial, cancellation, or withdrawal

Current through Register Vol. 56, No. 14, July 15, 2024
If an application for a letter of interpretation, an
				  application for an authorization under a general permit, an application for a
				  transition area waiver, an application for an individual permit, or an
				  application for a water quality certificate is denied or cancelled by the
				  Department, or is withdrawn by the applicant, the applicant may re-submit the
				  application in accordance with N.J.A.C. 7:7A-16. The Department shall treat a
				  re-submitted application as a new application and shall review it in accordance
				  with this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 19 - APPLICATION REVIEW › Section 7:7A-19.11 - Fee refund or credit when an application is withdrawn or cancelled

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided at (b) below, the Department shall, upon written request of an
				applicant, fully refund the submitted application fee in the following
				circumstances:
1. The application is
				withdrawn within 60 calendar days of its submittal to the Department and is not
				administratively complete;
2. The
				application is withdrawn within 60 calendar days of its submittal to the
				Department and is not technically complete; or
3. The application is withdrawn within 20
				working days of its submittal to the Department, whether or not the application
				is administratively or technically complete.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 20 - PERMIT AND WAIVER CONDITIONS; MODIFICATION, TRANSFER, SUSPENSION, AND TERMINATION OF AUTHORIZATIONS AND PERMITS › Section 7:7A-20.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				subchapter sets forth the conditions that apply to all permits.
(b) This subchapter sets forth the procedures
				for:
1. Extending the term of: a transition
				area waiver, the duration of which is governed by
N.J.A.C.
				7:7A-8.5
; an authorization under a
				general permit, the duration of which is governed by
N.J.A.C.
				7:7A-5.6
; or an individual permit,
				the duration of which is governed by
N.J.A.C.
				7:7A-9.2
;
2. Transferring an emergency authorization, a
				transition area waiver, an authorization under a general permit, or an
				individual permit to a new owner of the site where the regulated activity or
				project authorized under the authorization or permit is taking place;
3. Modifying a transition area waiver, an
				authorization under a general permit, or an individual permit;
4. Suspending a transition area waiver, an
				authorization under a general permit, an individual permit, or an emergency
				authorization; and
5. Terminating a
				transition area waiver, an authorization under a general permit, an individual
				permit, or an emergency authorization.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 20 - PERMIT AND WAIVER CONDITIONS; MODIFICATION, TRANSFER, SUSPENSION, AND TERMINATION OF AUTHORIZATIONS AND PERMITS › Section 7:7A-20.3 - Establishing permit conditions

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				In addition to the standard conditions required in all permits under N.J.A.C.
				7:7A-20.2, the Department shall establish conditions in a permit, including a
				waiver or general permit authorization, as required on a case-by-case basis, to
				assure compliance with all applicable requirements of the Federal Act, the
				Freshwater Wetlands Protection Act, the Water Pollution Control Act, this
				chapter and other applicable rules or regulations. For the purposes of this
				subsection, an applicable requirement is a statutory or regulatory requirement
				which takes effect before the Department's final administrative decision on a
				permit, or before the modification or termination and reissuance of a
				permit.
(b) In addition to the
				standard requirements in N.J.A.C. 7:7A-20.2, each permit shall include
				information meeting the following requirements, when applicable:
1. A specific identification and description
				of the authorized activity, including:
i. The
				name and address of the permittee and the permit application identification
				number;
ii. The use or purpose of
				the regulated activity;
iii. The
				type and quantity of the materials to be discharged or used as fill;
iv. Any structures proposed to be
				erected;
v. The location and
				boundaries of the activity site(s), including a detailed sketch and the name
				and description of affected freshwater wetlands, State open waters, and
				transition areas, identification of the HUC 11 and watershed management area;
				and
vi. A reference to the specific
				site plans depicting the approved regulated activity(ies);
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 20 - PERMIT AND WAIVER CONDITIONS; MODIFICATION, TRANSFER, SUSPENSION, AND TERMINATION OF AUTHORIZATIONS AND PERMITS › Section 7:7A-20.4 - Extension of an authorization under a general permit, a transition area waiver, and an individual permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				A person may request one five-year extension of an authorization under a
				general permit, the duration of which is governed by
N.J.A.C.
				7:7A-5.6
, an individual permit, the
				duration of which is governed by
N.J.A.C.
				7:7A-9.2
, and a transition area
				waiver, the duration of which is governed by
N.J.A.C.
				7:7A-8.5
.
(b) The Department shall issue an extension
				only if:
1. A person submits a request for
				extension that meets the requirements of (c) below and that is received by the
				Department at least 90 calendar days prior to the expiration of an individual
				permit or transition area waiver, and at least 30 calendar days prior to the
				expiration of a general permit authorization. The Department shall not accept a
				request for extension received more than one year prior to the expiration of an
				authorization, transition area waiver, or individual permit;
2. The person requesting the extension
				demonstrates that there has been no significant change in the overall condition
				of the site, including the wetlands boundary and resource value
				classification;
3. The person
				requesting the extension demonstrates that regulated activities approved under
				any authorization, waiver, or individual permit for which an extension is
				sought have not been revised or amended, unless the permittee has obtained a
				modification of the authorization, waiver, or individual permit under N.J.A.C.
				7:7A-20.6; and
4. For an individual
				permit, the person requesting the extension demonstrates that the rules in this
				chapter governing the regulated activities authorized under the permit for
				which an extension is sought have not been amended such that the activities do
				not meet the rules as amended. In this instance, the individual permit shall
				expire on the date set forth therein, and the permittee shall comply with the
				requirements of
N.J.A.C. 7:7A-9.2
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 20 - PERMIT AND WAIVER CONDITIONS; MODIFICATION, TRANSFER, SUSPENSION, AND TERMINATION OF AUTHORIZATIONS AND PERMITS › Section 7:7A-20.5 - Transfer of an emergency authorization, authorization under a general permit, a transition area waiver, or an individual permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the site for which the Department has
				issued an emergency authorization, an authorization under a general permit, a
				transition area waiver, or an individual permit, is transferred to a new owner,
				the authorization, waiver, or individual permit, including all conditions,
				shall be automatically transferred to the new owner, provided the
				authorization, waiver, or individual permit is valid on the date that the site
				is transferred to the new owner.
(b) The authorization, waiver, or individual
				permit transferred under (a) above shall continue in effect provided that,
				within 30 calendar days after the transfer of ownership of the site, the new
				owner submits the following information to the Department:
1. The name, address, and contact information
				of the new owner; and
2.
				Documentation that the transfer will not alter any condition on which the
				original authorization, waiver, or individual permit was based and will not
				otherwise circumvent any requirement of this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 20 - PERMIT AND WAIVER CONDITIONS; MODIFICATION, TRANSFER, SUSPENSION, AND TERMINATION OF AUTHORIZATIONS AND PERMITS › Section 7:7A-20.6 - Modification of an authorization under a general permit, a transition area waiver, or an individual permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				A transition area waiver that is valid in accordance with
N.J.A.C.
				7:7A-8.5
, an authorization under a
				general permit that is valid in accordance with
N.J.A.C.
				7:7A-5.6
, or an individual permit
				that is valid in accordance with
N.J.A.C.
				7:7A-9.2
, may be modified in
				accordance with this section through an administrative modification, a minor
				technical modification, or a major technical modification. An authorization
				under a general permit-by-certification shall not be modified. A modification
				of an authorization under a general permit, a transition area waiver, or an
				individual permit may be requested by a permittee or, in the cases set forth at
				(h) below, the Department may modify a permit on its own initiative.
(b) The term of a waiver, an authorization
				under a general permit, or an individual permit shall not be extended by a
				modification.
(c) An administrative
				modification of a waiver, an authorization under a general permit, or an
				individual permit applies to a change to a site plan or other document on which
				the original waiver, authorization under a general permit, or individual permit
				was based, but which does not alter the design or layout of the project or
				affect the wetland limits. An administrative modification may include:
1. Correcting a drafting or typographical
				error on a site plan or report;
2.
				Improving topographical or other data in order to make the waiver,
				authorization under a general permit, or individual permit more accurately
				reflect the site, the extent of regulated areas, and/or the permitted
				activities; or
3. Adding notes,
				labels, or other clarifying information to the approved site plan, if required
				to do so by the Department or another government entity.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 20 - PERMIT AND WAIVER CONDITIONS; MODIFICATION, TRANSFER, SUSPENSION, AND TERMINATION OF AUTHORIZATIONS AND PERMITS › Section 7:7A-20.7 - Application for a modification

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				This section sets forth requirements for an application to modify a transition
				area waiver, an authorization under a general permit, or an individual permit.
				The general application requirements at
N.J.A.C.
				7:7A-16.2
apply to applications for
				modifications in addition to the application requirements in this
				section.
(b) To apply for an
				administrative modification to a waiver, an authorization under a general
				permit, or an individual permit under N.J.A.C. 7:7A-20.6(c), the person
				requesting the modification shall submit:
1.
				A description of the proposed change to the site plan or other document on
				which the original waiver, authorization, or individual permit was
				based;
2. The site plans approved
				as part of the waiver, authorization, or individual permit with revisions
				illustrating the proposed change;
3. A copy of the waiver, authorization, or
				individual permit for which the modification is requested; and
4. Any information necessary to ensure
				compliance with State and/or Federal law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 20 - PERMIT AND WAIVER CONDITIONS; MODIFICATION, TRANSFER, SUSPENSION, AND TERMINATION OF AUTHORIZATIONS AND PERMITS › Section 7:7A-20.8 - Suspension of a waiver, an authorization under a general permit, an individual permit, or an emergency authorization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall suspend an
				individual permit, a waiver, general permit authorization, or an emergency
				authorization for good cause, including, but not limited to, the following:
1. The waiver, authorization under a general
				permit, individual permit, or emergency authorization was based on false or
				inaccurate information;
2. The
				permittee or person to whom an emergency authorization was issued has not
				complied with a condition of the waiver, authorization under a general permit,
				individual permit, or emergency authorization;
3. The permittee or person to whom an
				emergency authorization was issued has undertaken activities onsite that
				violate this chapter;
4. The
				permittee or person to whom an emergency authorization was issued has
				misrepresented or failed to fully disclose all relevant facts pertaining to the
				waiver, authorization under a general permit, individual permit, or emergency
				authorization;
5. The permittee or
				person to whom an emergency authorization was issued has failed to fully and
				correctly identify impacts of the regulated activity or project in the
				application for the waiver, authorization under a general permit, individual
				permit, or emergency authorization;
6. The regulated activities conducted
				pursuant to the waiver, authorization under a general permit, individual
				permit, or emergency authorization have caused unanticipated environmental
				impacts;
7. The permittee or person
				to whom an emergency authorization was issued has made a change in the project
				that, under N.J.A.C. 7:7A-20.6, would require a modification to the waiver,
				authorization under a general permit, or individual permit, but the permittee
				did not first obtain the required modification; or
8. The Department determines that suspension
				of the waiver, authorization under a general permit, individual permit, or
				emergency authorization is necessary for emergency reasons or to protect public
				health, safety, and welfare, or the environment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 20 - PERMIT AND WAIVER CONDITIONS; MODIFICATION, TRANSFER, SUSPENSION, AND TERMINATION OF AUTHORIZATIONS AND PERMITS › Section 7:7A-20.9 - Termination of an authorization under a general permit, an individual permit, a transition area waiver, or an emergency authorization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall terminate, for good
				cause, an authorization under a general permit, an individual permit, a
				transition area waiver, or an emergency authorization that has been suspended
				pursuant to N.J.A.C. 7:7A-20.8. Good cause for termination includes, but is not
				limited to, the following:
1. The permittee
				has not ceased all regulated activities as required in the notice of suspension
				pursuant to N.J.A.C. 7:7A-20.8(c)3;
2. The permittee has not complied with the
				requirement at N.J.A.C. 7:7A-20.8(d) to submit a strategy to remedy the causes
				of the suspension; or
3. The
				Department has determined that the strategy submitted is unacceptable to
				achieve compliance with this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 21 - REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:7A-21.1 - Procedure to request an adjudicatory hearing; decision on the request

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				sets forth the process by which a person may request an adjudicatory hearing to
				contest a Department decision to approve or deny an application under this
				chapter. A person seeking to contest an administrative order and/or a civil
				administrative penalty assessment shall do so in accordance with the
				adjudicatory hearing request provisions applicable to Department enforcement
				actions under this chapter at
				N.J.A.C.
				7:7A-22.
(b) To contest a Department decision on an
				application under this chapter, a person shall submit an adjudicatory hearing
				request within 30 calendar days after public notice of the decision is
				published in the DEP Bulletin. If a person submits the adjudicatory hearing
				request after this time, the Department shall deny the request.
(c) A person requesting an adjudicatory
				hearing shall provide the following information on an adjudicatory hearing
				request form, available from the Department at the address set forth at
N.J.A.C. 7:7A-1.4
:
1. The name, address, daytime telephone
				number, fax number, and e-mail address of the person requesting the hearing,
				and of the person's authorized representative.
2. A copy of the Department decision on which
				a hearing is being requested;
3.
				The date that the Department decision on which a hearing is being requested was
				received by the person requesting the hearing;
4. A specific admission, denial, or
				explanation of each fact appearing in the Department decision, or a statement
				that the person is without knowledge thereof;
5. A concise statement of the facts or
				principles of law asserted to constitute any factual or legal
				defense;
6. Where the person
				submitting the hearing request is not the person to whom the decision that is
				being contested was issued, evidence that a copy of the hearing request has
				been mailed or delivered to the person to whom the decision was
				issued.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 21 - REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:7A-21.2 - Procedure to request dispute resolution

Current through Register Vol. 56, No. 14, July 15, 2024
As part of a request for an adjudicatory hearing, a person
				  may result that the Department determine whether the matter is suitable for
				  mediation by the Department's Office of Administrative Hearings and Dispute
				  Resolution. The Department shall promptly notify the requester of its
				  determination. If the Department determines the matter is suitable for
				  mediation, the Department shall also notify the requester of the procedures and
				  schedule for mediation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 21 - REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:7A-21.3 - Effect of request for hearing on operation of permit or authorization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a
				permittee requests an adjudicatory hearing to appeal any portion of a permit or
				an authorization, the operation of the permit or authorization shall be
				automatically stayed in its entirety, unless the permittee shows good cause in
				writing why the permit or authorization should continue in effect while being
				contested. All permitted activities shall stop as of the date the hearing
				request is submitted, and shall not be started again until the matter is
				resolved, unless the Department grants an exception in writing.
(b) When a person other than the permittee
				requests an adjudicatory hearing on a permit or authorization, the operation of
				the permit or authorization is not automatically stayed. The Department shall
				stay operation of the permit or authorization only if it determines that good
				cause to do so exists. If a stay is imposed, all permitted activities shall
				stop as of the date the stay is imposed, and shall not be started again until
				the matter is resolved, unless the Department grants an exception in
				writing.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 21 - REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:7A-21.4 - Notice of settlement agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				If the Department and the person requesting an adjudicatory hearing agree to a
				settlement that may result in the issuance of a freshwater wetland permit or
				waiver for a regulated activity, notice of the opportunity to comment on the
				settlement shall be provided as follows:
1.
				The person who requested the adjudicatory hearing shall send by certified mail
				a "notice of intent to settle" the matter, using the notice form available from
				the Department at the address set forth at
N.J.A.C.
				7:7A-1.4
, to the following:
i. Each person who was provided specific
				notice of the application that resulted in the decision that is the subject of
				the adjudicatory hearing request; and
ii. Each person who commented on the
				application;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 22 - ENFORCEMENT › Section 7:7A-22.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Whenever the Department finds that a person has violated any provision of
N.J.S.A. 13:9B-1
et seq.
				or
58:10A-1
et seq., or any regulation, rule, letter of
				interpretation, permit, agreement, transition area waiver, order, settlement,
				exemption letter, or mitigation proposal adopted or issued by the Department
				pursuant thereto, the Department may, singly or in combination, and in
				accordance with the grace period requirements set forth at N.J.A.C. 7:7A-22.20,
				pursue the remedies specified in (a)1 through 5 below. Pursuit of any of the
				remedies specified under this section shall not preclude the Department from
				seeking any other remedy specified.
1. Issue
				an order requiring the person found to be in violation to comply in accordance
				with N.J.A.C. 7:7A-22.3;
2. Bring a
				civil action for injunctive and other relief in accordance with N.J.A.C.
				7:7A-22.14;
3. Levy a civil
				administrative penalty in accordance with N.J.A.C. 7:7A-22.7 through
				22.12;
4. Bring an action for a
				civil penalty in accordance with N.J.A.C. 7:7A-22.13; and/or
5. Petition the Attorney General to bring a
				criminal action in accordance with N.J.A.C. 7:7A-22.15.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 22 - ENFORCEMENT › Section 7:7A-22.2 - USEPA review

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall make available without restriction any
				  information obtained or used in the enforcement of
N.J.S.A.
				  13:9B-1
et seq., and/or
58:10A-1
et seq., and/or this chapter, to the USEPA upon
				  request.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 22 - ENFORCEMENT › Section 7:7A-22.3 - Issuance of an administrative order

Current through Register Vol. 56, No. 14, July 15, 2024
Whenever the Department finds that a person has violated any
				  provision of
N.J.S.A. 13:9B-1
et seq.,
				  or
58:10A-1
et seq., or any regulation, rule, permit, or order
				  adopted or issued by the Department pursuant thereto, the Department may issue
				  an order specifying the provision or provisions of the act, regulation, rule,
				  permit, or order of which the person is in violation, citing the action that
				  constituted the violation, ordering abatement of the violation, and giving
				  notice to the person of his or her right to a hearing on the matters contained
				  in the order. The ordered party shall have 35 calendar days from receipt of the
				  order within which to deliver to the Department a written request for a hearing
				  in accordance with N.J.A.C. 7:7A-22.6. After the hearing and upon a finding
				  that a violation has occurred, the Department may issue a final order. If a
				  hearing is not requested within 35 calendar days of receipt of the order, then
				  the order shall become final on the 36th calendar day following receipt. A
				  request for hearing shall not automatically stay the effect of the
				  order.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 22 - ENFORCEMENT › Section 7:7A-22.4 - Civil administrative penalty

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 provision of the
				Freshwater Wetlands Protection Act, or of any permit, transition area waiver,
				letter of interpretation, agreement, order, settlement, exemption letter,
				mitigation proposal, or rule promulgated or approved pursuant thereto, the
				Department may assess a civil administrative penalty of no more than $ 25,000
				for each violation, not including any amount assessed for economic benefit as
				determined under N.J.A.C. 7:7A-22.12. The amount of the civil administrative
				penalty for each such violation shall be determined under N.J.A.C. 7:7A-22.7
				through 22.12.
(b) Whenever, on the
				basis of available information, the Department finds a person in violation of
				any provision of the Water Pollution Control Act, or of any permit, approval,
				agreement, transition area waiver, order, settlement, exemption, or rule
				promulgated or approved pursuant thereto, the Department may assess a civil
				administrative penalty of no more than $ 50,000 for each violation. The amount
				of the civil administrative penalty for each such violation shall be determined
				under the Department's rules implementing the enforcement provisions of that
				law at N.J.A.C. 7:14-8.
(c) The
				Department may, in its discretion, settle a civil administrative penalty
				assessed under this subchapter, in accordance with N.J.A.C. 7:7A-22.5(d).
				However, if the Department settles a penalty for a violation of the Water
				Pollution Control Act, the settlement is subject to N.J.A.C. 7:14-8.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 22 - ENFORCEMENT › Section 7:7A-22.5 - Assessment, settlement, and payment of a civil administrative penalty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To assess a
				civil administrative penalty under
N.J.S.A.
				13:9B-1
et seq. or
N.J.S.A.
				58:10A-1
et seq., the Department
				shall notify the violator by certified mail (return receipt requested) or by
				personal service. This Notice of Civil Administrative Penalty Assessment
				(NOCAPA) shall:
1. Identify the section of
				the statute, rule, administrative order, or permit violated;
2. Concisely state the alleged facts that
				constitute the violation;
3.
				Specify the amount of the civil administrative penalty to be imposed and the
				fact that interest may be due in accordance with (c) below; and
4. Advise the violator of the right to
				request an adjudicatory hearing pursuant to the procedures in N.J.A.C.
				7:7A-22.6.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 22 - ENFORCEMENT › Section 7:7A-22.6 - Procedures to request and conduct an adjudicatory hearing to contest an administrative order and/or notice of civil administrative penalty assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To request an
				adjudicatory hearing to contest an administrative order and/or a notice of
				civil administrative penalty assessment issued pursuant to
N.J.S.A. 13:9B-1
et seq.,
				and/or
58:10A-1
et seq., the violator shall submit a hearing
				request in writing within 35 calendar days after receipt by the violator of the
				administrative order and/or notice of a civil administrative penalty assessment
				being contested. If a violator submits the hearing request after this time, the
				Department shall deny the request.
(b) A violator requesting an adjudicatory
				hearing shall provide the following information on an adjudicatory hearing
				request form, available from the Department at the address set forth at
N.J.A.C. 7:7A-1.4
:
1. The name, address, daytime telephone
				number, fax number, and e-mail address of the violator requesting the hearing
				and the violator's authorized representative;
2. A copy of the Department's administrative
				order and/or notice of a civil administrative penalty assessment for which a
				hearing is being requested;
3. The
				date that the administrative order and/or notice of a civil administrative
				penalty assessment was received by the violator;
4. A specific admission or denial of each of
				the facts appearing in the Department's administrative order and/or notice of
				civil administrative penalty assessment or a statement that the person is
				without knowledge thereof. If the violator is without knowledge or information
				sufficient to form a belief as to the truth of a finding, the violator shall so
				state and this shall have the effect of a denial. A denial shall fairly meet
				the substance of the findings denied. When the violator intends in good faith
				to deny only a part or a qualification of a finding, the violator shall specify
				so much of it as is true and material and deny only the remainder. The violator
				may not generally deny all the findings but shall make all denials as specific
				denials of designated findings. For each finding the violator denies, the
				violator shall allege the fact or facts as the violator believes it or them to
				be;
5. A statement as to whether
				the violator agrees to allow the Department to delay the transfer of a granted
				hearing request to the Office of Administrative Law for the purposes of
				engaging in settlement negotiations as provided by the Uniform Administrative
				Procedure Rules at
N.J.A.C.
				1:1-8.1(b)
;
6. Information supporting the request and
				copies of other written documents relied upon to support the request;
7. An estimate of the time required for the
				hearing (in days and/or hours); and
8. A request, if necessary, for a
				barrier-free hearing location accessible to physically disabled
				persons.