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-20.2 - Conditions that apply to all permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department places conditions on a
				permit to ensure that the approved project complies with this chapter. The
				conditions that apply to all permits are set forth in (c) below.
(b) If a permittee undertakes any regulated
				activity authorized under a permit, such action shall constitute the
				permittee's acceptance of the permit in its entirety, as well as the
				permittee's agreement to abide by the permit and all conditions
				therein.
(c) The following
				conditions apply to all permits, including all waivers and general permit
				authorizations:
1. The issuance of a permit
				shall in no way expose the State of New Jersey or the Department to liability
				for the sufficiency or correctness of the design of any construction or
				structure(s). Neither the State nor the Department shall, in any way, be liable
				for any loss of life or property that may occur by virtue of the activity or
				project conducted as authorized under a permit;
2. The issuance of a permit does not convey
				any property rights or any exclusive privilege;
3. The permittee shall obtain all applicable
				Federal, State, and local approvals prior to commencement of regulated
				activities authorized under a permit;
4. A permittee conducting an activity
				involving soil disturbance, the creation of drainage structures, or changes in
				natural contours shall obtain any required approvals from the Soil Conservation
				District having jurisdiction over the site;
5. The permittee shall take all reasonable
				steps to prevent, minimize, or correct any adverse impact on the environment
				resulting from activities conducted pursuant to the permit, or from
				noncompliance with the permit;
6.
				The permittee shall immediately inform the Department of any unanticipated
				adverse effects on the environment not described in the application or in the
				conditions of the permit. The Department may, upon discovery of such
				unanticipated adverse effects, and upon the failure of the permittee to submit
				a report thereon, notify the permittee of its intent to suspend the permit,
				pursuant to N.J.A.C. 7:7A-20.8;
7.
				The permittee shall immediately inform the Department by telephone at (877)
				927-6337 (WARN DEP hotline) of any noncompliance that may endanger public
				health, safety, and welfare, or the environment. The permittee shall inform the
				Division of Land Use Regulation by telephone at (609) 292-0060 of any other
				noncompliance within two working days of the time the permittee becomes aware
				of the noncompliance, and in writing within five working days of the time the
				permittee becomes aware of the noncompliance. Such notice shall not, however,
				serve as a defense to enforcement action if the project is found to be in
				violation of this chapter. The written notice shall include:
i. A description of the noncompliance and its
				cause;
ii. The period of
				noncompliance, including exact dates and times;
iii. If the noncompliance has not been
				corrected, the anticipated length of time it is expected to continue;
				and
iv. The steps taken or planned
				to reduce, eliminate, and prevent recurrence of the noncompliance;
8. Any noncompliance with a permit
				constitutes a violation of this chapter and is grounds for enforcement action
				under N.J.A.C. 7:7A-22, as well as, in the appropriate case, suspension and/or
				termination of the permit;
9. It
				shall not be a defense for a permittee in an enforcement action that it would
				have been necessary to halt or reduce the authorized activity in order to
				maintain compliance with the conditions of the permit;
10. The permittee shall employ appropriate
				measures to minimize noise where necessary during construction, as specified in
N.J.S.A. 13:1G-1
et seq.,
				and
N.J.A.C. 7:29
;
11. The issuance of a permit does not
				relinquish the State's tidelands ownership or claim to any portion of the
				subject property or adjacent properties;
12. The issuance of a permit does not
				relinquish public rights to access and use tidal waterways and their
				shores;
13. The permittee shall
				allow an authorized representative of the Department, upon the presentation of
				credentials, to:
i. Enter upon the
				permittee's premises where a regulated activity is located or conducted, or
				where records must be kept under the conditions of the permit;
ii. Have access to and copy, at reasonable
				times, any records that must be kept under the conditions of the
				permit;
iii. Inspect, at reasonable
				times, any facilities, equipment, practices, or operations regulated or
				required under the permit. Failure to allow reasonable access under this
				paragraph shall be considered a violation of this chapter and subject the
				permittee to enforcement action under N.J.A.C. 7:7A-22; and
iv. Sample or monitor at reasonable times,
				for the purposes of assuring compliance or as otherwise authorized by the
				Federal Act, by the Freshwater Wetlands Protection Act, or by any rule or order
				issued pursuant thereto, any substances or parameters at any
				location;
14. The
				permittee shall not cause or allow any unreasonable interference with the free
				flow of a regulated water by placing or dumping any materials, equipment,
				debris or structures within or adjacent to the channel while the regulated
				activity(ies) is being undertaken. Upon completion of the regulated
				activity(ies), the permittee shall remove and dispose of in a lawful manner all
				excess materials, debris, equipment, and silt fences and other temporary soil
				erosion and sediment control devices from all regulated areas;
15. The permittee and its contractors and
				subcontractors shall comply with all conditions, site plans, and supporting
				documents approved by the permit;
16. All conditions, site plans, and
				supporting documents approved by a permit shall remain in full force and
				effect, so long as the regulated activity or project, or any portion thereof,
				is in existence, unless the permit is modified pursuant to N.J.A.C.
				7:7A-20.6;
17. The permittee shall
				record the permit, including all conditions listed therein, with the Office of
				the County Clerk (the Registrar of Deeds and Mortgages, if applicable) of each
				county in which the site is located. The permit shall be recorded within 30
				calendar days of receipt by the permittee, unless the permit authorizes
				activities within two or more counties, in which case the permit shall be
				recorded within 90 calendar days of receipt. Upon completion of all recording,
				a copy of the recorded permit shall be forwarded to the Division of Land Use
				Regulation at the address set forth at
N.J.A.C.
				7:7A-1.4
;
18. The permittee shall perform any
				mitigation required under the permit in accordance with N.J.A.C.
				7:7A-11;
19. If any condition or
				permit is determined to be legally unenforceable, modifications and additional
				conditions may be imposed by the Department as necessary to protect public
				health, safety, and welfare, or the environment;
20. Any permit condition that does not
				establish a specific timeframe within which the condition must be satisfied
				(for example, prior to commencement of construction) shall be satisfied within
				six months of the effective date of the permit;
21. A copy of the permit and all approved
				site plans and supporting documents shall be maintained at the site at all
				times and made available to Department representatives or their designated
				agents immediately upon request;
22. The permittee shall provide monitoring
				results to the Department at the intervals specified in the permit;
23. A permit shall be transferred to another
				person only in accordance with N.J.A.C. 7:7A-20.5;
24. A permit can be modified, suspended, or
				terminated by the Department for cause;
25. The submittal of a request to modify a
				permit by the permittee, or a notification of planned changes or anticipated
				noncompliance, does not stay any condition of a permit;
26. Where the permittee becomes aware that it
				failed to submit any relevant facts in an application, or submitted incorrect
				information in an application or in any report to the Department, it shall
				promptly submit such facts or information; and
27. The permittee shall submit written
				notification to the Bureau of Coastal and Land Use Compliance and Enforcement,
				401 East State Street, 4th Floor, PO Box 420, Mail Code 401-04C, Trenton, NJ
				08625, at least three working days prior to the commencement of regulated
				activities.