reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 26 - APPLICATION REVIEW › Section 7:7-26.5 - CAFRA individual permit application-public hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall hold a fact-finding
				public hearing on a CAFRA individual permit application if the Department
				determines that, based on public comment received in response to the newspaper
				notice that the applicant must provide pursuant to
				7:7-24.4(a) 
				and/or a review of the project's scope and/or environmental impact of the
				proposed project, additional information is necessary to assist the Department
				in its evaluation of the potential impacts, and that this information can only
				be obtained through a public hearing.
(b) The Department shall set the date, place,
				and time of a public hearing within 15 calendar days after the date that the
				Department declares a CAFRA individual permit application is complete for
				public hearing pursuant to
				N.J.A.C.
				7:7-26.3(b), (c), or (d) and
				shall so notify the applicant.
1. The date of
				the public hearing shall be no more than 60 calendar days after the application
				is declared complete for public hearing.
2. The public hearing shall be held in the
				municipality in which the development is proposed, if possible.
3. The Department shall accept written
				comments for 15 calendar days after the public hearing.
4. The Department shall publish notice of the
				public hearing in the DEP bulletin.
5. The applicant shall give notice of the
				public hearing as required by
				7:7-24.4(e).
6. The applicant shall provide a court
				reporter and bear all costs of the public hearing, including, but not limited
				to, court reporter fees, transcript costs, and hearing room rental, and shall
				provide the Department with an electronic copy of the transcript.
7. The presiding official at the public
				hearing shall have broad discretion to place reasonable limits on oral and
				written presentations to allow every person the opportunity to speak and ensure
				the maintenance of an orderly forum. At the conclusion of the statements of
				interested persons, the applicant shall be afforded the opportunity to respond
				to the statements offered by interested persons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 26 - APPLICATION REVIEW › Section 7:7-26.6 - Department decision on an application that is complete for review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 90
				calendar days after an application for a general permit authorization or an
				application for a waterfront development or coastal wetlands individual permit
				is declared complete for review in accordance with
				7:7-26.2, the Department shall:
1. Determine the application meets the
				requirements of this chapter and issue an authorization or permit approving the
				application in writing. The authorization or permit shall include any
				conditions necessary to ensure compliance with this chapter; or
2. Determine 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 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 26 - APPLICATION REVIEW › Section 7:7-26.7 - 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. 7:7-25, 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. 7:7-24.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 26 - APPLICATION REVIEW › Section 7:7-26.8 - 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 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 26 - APPLICATION REVIEW › Section 7:7-26.9 - Re-submittal of an application after denial, cancellation, or withdrawal

Current through Register Vol. 56, No. 14, July 15, 2024
If an application for an authorization under a general
				  permit or an application for an individual permit 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. 7:7-23. The Department shall treat a
				  re-submitted application as a new application and shall review it in accordance
				  with N.J.A.C. 7:7-26.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 26 - APPLICATION REVIEW › Section 7:7-26.10 - 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 or technically complete; or
2. 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 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 27 - PERMIT CONDITIONS; EXTENSION, MODIFICATION, TRANSFER, SUSPENSION, AND TERMINATION OF AUTHORIZATIONS AND PERMITS › Section 7:7-27.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				subchapter sets forth the conditions that apply to all coastal
				permits.
(b) This subchapter sets
				forth the procedures for:
1. Extending the
				term of an authorization under a general permit the duration of which is
				governed by
				7:7-3.7 or of a waterfront
				development individual permit the duration of which is governed by
				7:7-8.2(a);
2. Transferring an emergency authorization,
				an authorization under a general permit, or an individual permit to a new owner
				of the site where the project authorized under the authorization or permit is
				taking place;
3. Modifying an
				authorization under a general permit or an individual permit;
4. Suspending an authorization under a
				general permit or an individual permit; and
5. Terminating an authorization under a
				general permit, an individual permit, or an emergency authorization.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 27 - PERMIT CONDITIONS; EXTENSION, MODIFICATION, TRANSFER, SUSPENSION, AND TERMINATION OF AUTHORIZATIONS AND PERMITS › Section 7:7-27.3 - Extension of an authorization under a general permit or of a waterfront development individual permit for activities waterward of the mean high water line

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A permittee may
				request one five-year extension of an authorization under a general permit the
				duration of which is governed by
N.J.A.C.
				7:7-3.7
, or one five-year extension
				of an individual permit for activities waterward of the mean high water line
				the duration of which is governed by
N.J.A.C.
				7:7-8.2(a)
.
(b) The Department shall issue an extension
				only if:
1. The permittee submits a request
				for extension that meets the requirements of (c) below and that is received by
				the Department prior to the expiration of the authorization or individual
				permit. The Department shall not accept a request for extension received more
				than one year prior to the expiration of an authorization or individual
				permit;
2. The permittee
				demonstrates that there has been no significant change in the overall condition
				of the site, including special areas;
3. The permittee demonstrates that regulated
				activities approved under any authorization 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 or individual permit under
				7:7-27.5; and
4. For an individual permit, the permittee
				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.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 27 - PERMIT CONDITIONS; EXTENSION, MODIFICATION, TRANSFER, SUSPENSION, AND TERMINATION OF AUTHORIZATIONS AND PERMITS › Section 7:7-27.4 - Transfer of an emergency authorization, an authorization under a general permit or an individual permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				If the site on which regulated activities are authorized pursuant to an
				emergency authorization, an authorization under a general permit, or an
				individual permit is transferred to a new owner, the authorization or
				individual permit, including all conditions, shall be automatically transferred
				to the new owner, provided the authorization or individual permit is valid on
				the date that the site is transferred to the new owner.
(b) The authorization 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 or individual permit was based and will not otherwise
				circumvent any requirement of this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 27 - PERMIT CONDITIONS; EXTENSION, MODIFICATION, TRANSFER, SUSPENSION, AND TERMINATION OF AUTHORIZATIONS AND PERMITS › Section 7:7-27.5 - Modification of an authorization under a general permit or an individual permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				authorization under a general permit that is valid as described in the
				provisions regarding duration of general permit authorizations at
				7:7-3.6 or 3.7, as applicable, or
				an individual permit that is valid as described in the provisions regarding
				duration of individual permits at
				7:7-8.2, 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.
(b) The term of an authorization under a
				general permit or of an individual permit shall not be extended by a
				modification.
(c) An administrative
				modification of 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
				authorization under a general permit or individual permit was based but which
				does not alter the design or layout of the project. An administrative
				modification may include:
1. Correcting a
				drafting or typographical error on a plan or report;
2. Improving topographical or other data in
				order to make the authorization or individual permit more accurately reflect
				the site 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 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 27 - PERMIT CONDITIONS; EXTENSION, MODIFICATION, TRANSFER, SUSPENSION, AND TERMINATION OF AUTHORIZATIONS AND PERMITS › Section 7:7-27.6 - 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 an
				authorization under a general permit or an individual permit. The general
				application requirements at
				7:7-23.2 apply to applications for
				modifications in addition to the application requirements in this
				section.
(b) To apply for an
				administrative modification to an authorization under a general permit or an
				individual permit under
				7:7-27.5(c), the
				permittee shall submit:
1. A description of
				the proposed change to the site plan or other document on which the original
				authorization or permit was based;
2. The site plans approved as part of the
				authorization or individual permit with revisions illustrating the proposed
				change;
3. A copy of the
				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 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 27 - PERMIT CONDITIONS; EXTENSION, MODIFICATION, TRANSFER, SUSPENSION, AND TERMINATION OF AUTHORIZATIONS AND PERMITS › Section 7:7-27.7 - Suspension of 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 authorization under a general permit, an individual
				permit, or an emergency authorization for good cause, including, but not
				limited to, the following:
1. The
				authorization under a general permit, individual permit, or emergency
				authorization was based on false or inaccurate information;
2. The permittee has not complied with a
				condition of the authorization under a general permit, individual permit, or
				emergency authorization;
3. The
				permittee has undertaken activities onsite that violate this chapter;
4. The permittee has misrepresented or failed
				to fully disclose all relevant facts pertaining to the authorization under a
				general permit, individual permit, or emergency authorization;
5. The permittee has failed to fully and
				correctly identify project impacts in the application for the authorization
				under a general permit, individual permit, or emergency
				authorization;
6. The regulated
				activities conducted pursuant to the authorization under a general permit,
				individual permit, or emergency authorization have caused unanticipated
				environmental impacts;
7. The
				permittee has made a change in the project that, under
				7:7-27.5, would require a
				modification to the permittee's general permit authorization or individual
				permit but the permittee did not first obtain the required modification;
				or
8. The Department determines
				that suspension of the 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 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 27 - PERMIT CONDITIONS; EXTENSION, MODIFICATION, TRANSFER, SUSPENSION, AND TERMINATION OF AUTHORIZATIONS AND PERMITS › Section 7:7-27.8 - Termination of 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 terminate for good cause an authorization under a general
				permit, an individual permit, or an emergency authorization that has been
				suspended pursuant to
				7:7-27.7. 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
				7:7-27.7(c)3;
2. The permittee has not complied with the
				requirement at
				7:7-27.7(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 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 28 - REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:7-28.1 - 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 a coastal permit 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.
				7:7-29.
(b) To contest a Department decision on a
				coastal permit, 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
				7:7-1.6:
1. The name, address, and 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;
				and
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 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 28 - REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:7-28.2 - 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 request 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 that 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 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 28 - REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:7-28.3 - 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 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 28 - REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:7-28.4 - Notice of certain settlement discussions on a coastal permit decision; notice of settlement agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department enters into settlement
				discussions regarding a project in a municipality in the CAFRA area that will
				impact a dune or other environmentally sensitive area, the Department shall
				provide notice, in writing, to the governing body of that municipality. The
				notice shall state the address, lot, and block of the property on which the
				project is proposed, shall include a description of the nature of the
				settlement discussions, and shall offer the governing body of the municipality
				the opportunity to participate in the settlement discussions. For the purposes
				of this subsection, environmentally sensitive area is a special water's edge
				area (see 7:7-9.6 through 9.30), an
				endangered or threatened wildlife or plant species habitat (see
				7:7-9.36 ), a critical wildlife
				habitat (see
				7:7-9.37 ), or the Pinelands
				National Reserve and Pinelands Protection Area (see
				7:7-9.42 ).
(b) If the Department and the person
				requesting an adjudicatory hearing agree to a settlement that may result in the
				issuance of a coastal permit 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
				7:7-1.6, to the following:
i. Each person who was provided specific
				notice of the application which 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 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 29 - ENFORCEMENT › Section 7:7-29.1 - 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
				13:19-1 et seq.,
				12:5-1 et seq.,
				13:9A-1 et seq., or any
				regulation, rule, permit, or order 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
				7:7-29.10, 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
				7:7-29.2;
2. Bring a civil action for injunctive and
				other relief in accordance with
				7:7-29.8;
3. Levy a civil administrative penalty in
				accordance with
				7:7-29.5 or 29.6;
4. Bring an action for a civil penalty in
				accordance with
				7:7-29.7; and/or
5. Petition the Attorney General to bring a
				criminal action in accordance with
				7:7-29.9.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 29 - ENFORCEMENT › Section 7:7-29.2 - 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
				  13:19-1 et seq.,
				  12:5-1 et seq.,
				  13:9A-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 which 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
				  7:7-29.4. After the hearing and
				  upon finding that a violation has occurred, the Department may issue a final
				  order. If a hearing is not requested within 35 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 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 29 - ENFORCEMENT › Section 7:7-29.3 - 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
				13:19-1 et seq.,
				12:5-1 et seq., or
				13:9A-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 which
				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
				7:7-29.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 29 - ENFORCEMENT › Section 7:7-29.4 - 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
				13:19-1 et seq., 12:5-1 et seq.,
				or 13:9A-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 the 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
				7:7-1.6:
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 of 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
				1:1-8.1(b);
6. Information supporting the request and
				specific reference to or 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 for physically disabled persons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 29 - ENFORCEMENT › Section 7:7-29.5 - Civil administrative penalties for failure to obtain a permit prior to conducting regulated activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the failure to obtain a permit prior
				to conducting regulated activities, the Department may assess a civil
				administrative penalty pursuant to this section of not more than $ 25,000 for
				each violation of
				7:7-2.2, 2.3, or 2.4. For the
				purposes of this section, a permit shall mean an authorization under a general
				permit-by-certification, authorization under a general permit, individual
				permit, emergency authorization, letter of authorization, memorandum of
				agreement, or other written authorization, or other approval issued pursuant to
				13:19-1 et seq., 12:5-1 et seq.,
				or 13:9A-1 et seq.
(b) Each
				violation of N.J.A.C. 7:7-2.2, 2.3, and 2.4, shall constitute an additional,
				separate, and distinct violation.
(c) Each day during which the violation
				continues or remains in place without the required permit shall constitute an
				additional, separate, and distinct offense.
(d) To assess a civil administrative penalty
				pursuant to this section, the Department shall identify the civil
				administrative base penalty within the table in (f) below by determining the
				number of points pursuant to (e) below. The civil administrative penalty shall
				be the amount within the table in (f) below, unless adjusted pursuant to (g)
				and/or (h) below.
(e) The
				Department shall use the two factors described in (e)1 and 2 below to determine
				the number of points assigned to each violation.
1. The conduct factor of the violation shall
				be classified as major, moderate, or minor and assigned points as follows:
i. Major shall include any intentional,
				deliberate, purposeful, knowing, or willful act or omission by the violator and
				is assigned five points;
ii.
				Moderate shall include any unintentional but foreseeable act or omission by the
				violator and is assigned two points; and
iii. Minor shall include any other conduct
				not included in (e)1i or ii above and is assigned one point.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 29 - ENFORCEMENT › Section 7:7-29.7 - Civil penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				person who violates the provisions of
				13:19-1 et seq.,
				12:5-1 et seq., and/or
				13:9A-1 et seq., any regulation,
				rule, permit, order, or court order issued pursuant thereto, or who fails to
				pay a civil administrative penalty in full pursuant to
				7:7-29.3, or who knowingly makes
				any false or misleading statement on any application, record, report, or other
				document required to be submitted to the Department, shall be subject, upon
				order of a court, to a civil penalty of not more than $ 25,000 for each
				violation, and each day during which a violation continues shall constitute an
				additional, separate, and distinct offense.
(b) Any penalty established pursuant to this
				section may be imposed and collected with costs in a summary proceeding
				pursuant to the Penalty Enforcement Law of 1999,
				2A:58-10 et seq. The Superior
				Court shall have jurisdiction to enforce the provisions of the Penalty
				Enforcement Law of 1999 in connection with
				13:19-1 et seq.,
				12:5-1 et seq., and /or
				13:9A-1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 29 - ENFORCEMENT › Section 7:7-29.8 - Civil actions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department may institute an action or proceeding in the Superior Court for
				injunctive and other relief, including the appointment of a receiver, for any
				violation of
				13:19-1 et seq., 13:9A-1 et seq.
				and 12:5-1 et seq. or any regulation, rule, permit, or order adopted or issued
				by the Department pursuant to any of these acts, and the court may proceed in
				the action in a summary manner. Such relief may include, singly or in
				combination:
1. A temporary or permanent
				injunction;
2. Recovery of
				reasonable costs of any investigation, inspection, or monitoring survey which
				led to the discovery of the violation, and for the reasonable costs of
				preparing and bringing a civil action commenced under this
				subsection;
3. Recovery of
				reasonable costs incurred by the State in removing, correcting, or terminating
				the adverse effects resulting from any violation for which a civil action has
				been commenced and brought under this subsection;
4. Recovery of compensatory damages for any
				loss or destruction of natural resources, including, but not limited to,
				wildlife, fish, aquatic life, habitat, plants, or historic or archeological
				resources, and for any other actual damages caused by any violation for which a
				civil action has been commenced and brought under this subsection;
				and/or
5. Execution of an order
				requiring the violator to restore the site of the violation to the maximum
				extent practicable and feasible or, in the event that restoration of the site
				of the violation is not practicable or feasible, provide for an off-site
				restoration alternative as approved by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 29 - ENFORCEMENT › Section 7:7-29.9 - Criminal action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department, upon petition to the Attorney General, may bring a criminal action
				in court for certain violations of
				13:19-1 et seq., 12:5-1 et seq.,
				and/or 13:9A-1 et seq., or any regulation, rule, permit, or order adopted or
				issued by the Department pursuant thereto.
(b) A person who knowingly, purposely, or
				recklessly violates
				13:19-1 et seq., 12:5-1 et seq.,
				and/or 13:9A-1 et seq., or any regulation, rule, permit, or order adopted or
				issued by the Department pursuant thereto, shall be guilty, upon conviction, of
				a crime of the third degree and shall be subject to a fine of no less than $
				5,000 and not more than $ 50,000 per day of violation, or imprisonment, or
				both.
(c) A person shall be guilty,
				upon conviction, of a crime of the third degree and shall be subject to a fine
				of not more than $ 50,000 per day of violation, or imprisonment, or both, if
				the person:
1. Knowingly, purposely, or
				recklessly makes a false statement, representation, or certification in any
				application, record, or other document filed or required to be maintained under
				13:19-1 et seq., 12:5-1 et seq.,
				and/or 13:9A-1 et seq., or any regulation, rule, permit, or order adopted or
				issued by the Department pursuant thereto; or
2. Falsifies, tampers with, or purposely,
				recklessly, or knowingly renders inaccurate, any monitoring device or method
				required to be maintained under
				13:19-1 et seq., 12:5-1 et seq.,
				and/or 13:9A-1 et seq., or any regulation, rule, permit, or order adopted or
				issued by the Department pursuant thereto.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 29 - ENFORCEMENT › Section 7:7-29.10 - Grace period applicability; procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each violation of
				13:19-1 et seq., 12:5-1 et seq.,
				and 13:9A-1 et seq. identified in Table A at (f) below by an "M" in the Type of
				Violation column for which the conditions of (d)1 through 6 below are
				satisfied, and each violation determined under (c) below as minor for which the
				conditions of (d)1 through 9 below are satisfied, is a minor violation and is
				subject to a 30-calendar-day grace period.
(b) Each violation of
				13:19-1 et seq., 12:5-1 et seq.,
				and 13:9A-1 et seq. identified in Table A at (f) below by an "NM" in the Type
				of Violation column is a non-minor violation and is not subject to a grace
				period.
(c) If a violation of
				13:19-1 et seq., 12:5-1 et seq.,
				and 13:9A-1 et seq. is not listed in Table A at (f) below, the designation of
				the violation as minor or non-minor is determined as follows:
1. If the violation is not listed in Table A
				at (f) below but is comparable to a violation designated as "M" in Table A and
				the violation meets all of the criteria of (d)1 through 6 below, then the
				violation is minor. The minor violation shall be subject to a grace period of
				30 calendar days as described at (e) below.
2. If the violation is not listed in Table A
				at (f) below and is not comparable to a violation listed in Table A but the
				violation meets all of the criteria of (d)1 through 9 below, the violation is
				minor. The minor violation shall be subject to a grace period of 30 calendar
				days as described at (e) below.
3.
				If the violation is not listed in Table A at (f) below but is comparable to a
				violation designated as "NM" in Table A, then the violation is a non-minor
				violation and is not subject to a grace period.
4. If the violation is not listed in Table A
				at (f) below and is not comparable to a violation listed in Table A, and the
				violation does not meet all of the criteria at (d)1 through 9 below, the
				violation is non-minor and is not subject to a grace period.
5. Comparability of a violation to a
				violation in Table A at (f) below is based on the nature of the violation(s)
				(for example, recordkeeping, accuracy of information provided to the
				Department, amount and type of impacts to the protected resources). A violation
				shall not be considered comparable to any violation designated as "M" in Table
				A unless the violation also meets the criteria at (d)7 through 9
				below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Appendix A - ILLUSTRATION OF THE WATERWARD SIDE OF DEVELOPMENT

Current through Register Vol. 56, No. 14, July 15, 2024
(incorporated by reference at
				N.J.A.C.
				7:7-1.5 )
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(OFFICE OF ADMINISTRATIVE LAW NOTE: As explained in paragraph
				32 in the Summary of Agency-Initiated Changes, the Department is correcting the
				illustration in Appendix B below upon adoption. The illustration in adopted
				Appendix B below appears as corrected, without change symbolism.)
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Appendix B - ILLUSTRATION OF INTERVENING DEVELOPMENT FOR PROPOSED DEVELOPMENT OTHER THAN A SINGLE-FAMILY HOME OR DUPLEX

Current through Register Vol. 56, No. 14, July 15, 2024
(incorporated by reference at
				N.J.A.C.
				7:7-2.2(b)1  )
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New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Appendix C - ILLUSTRATION OF INTERVENING DEVELOPMENT FOR PROPOSED SINGLE-FAMILY HOME OR DUPLEX

Current through Register Vol. 56, No. 14, July 15, 2024
(incorporated by reference at
				N.J.A.C.
				7:7-2.1(b)1  )
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New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Appendix E - ILLUSTRATION REGARDING THE CONSTRUCTION OF A SINGLE NONCOMMERCIAL DOCK, PIER, OR BOAT MOORING IN SHELLFISH HABITAT PURSUANT TO N.J.A.C. 7:7-9.2(d)3ii

Current through Register Vol. 56, No. 14, July 15, 2024
(Note: A dock or pier as well as a boat mooring are shown for
				illustration purposes only; only one single dock, pier, or boat mooring is
				allowed pursuant to
				N.J.A.C.
				7:7-9.2(d)3  ii.
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New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Attachment B - SUMMARY OF RECOMMENDED PROCEDURES FOR SAMPLE COLLECTION, PRESERVATION, AND STORAGE

Current through Register Vol. 56, No. 14, July 15, 2024
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Note: This table contains only a summary of collection,
				preservation, and storage procedures for samples. The cited references should
				be consulted for a more detailed description of these procedures.
PCB - polychlorinated biphenyl
a.
			  Collection method should include appropriate liners.
b. Amount of sample required by the
			 laboratory to perform the analysis (wet weight or volume provided, as
			 appropriate). Miscellaneous sample size for sediment should be increased if
			 auxiliary analytes that cannot be included as part of the organic or metal
			 analyses are added to the list. The amounts shown are not intended as firm
			 values; more or less tissue may be required depending on the analytes,
			 matrices, detection limits, and particular analytical laboratory.
c. All containers should be certified as
			 clean according to USEPA (1990c).
d. These holding times are for sediment, water, and tissue based
			 on guidance that is sometimes administrative rather than technical in nature.
			 There are no promulgated, scientifically based holding time criteria for
			 sediments, tissues, or elutriates. References should be consulted if holding
			 times for sample extracts are desired. Holding times are from the time of
			 sample collection.
e. NOAA
			 (1989).
f. Tetra Tech
			 (1986a).
g. Sample may be held for
			 up to one year if five to 20##C.
h.
			  Polypropylene should be used if phthalate bioaccumulation is of
			 concern.
i. Two weeks is
			 recommended; sediments must not be held for longer than eight weeks prior to
			 biological testing.
j.  USEPA
			 (1987a); 40 CFR Part 136, Table Ill.
k.
			  Plumb (1981).
l. If
			 samples are not preserved to pH < 2, then aromatic compounds must be
			 analyzed within seven days.
m.
			 Tetra Tech (1986b).
Excerpted from pp. 54-57 of the USEPA "QA/QC Guidance for
				Sampling and Analysis of Sediments, Water, and Tissue for Dredged Material
				Evaluations", Office of Water (EPA 823-B-95-0001, April 1995).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Attachment E - Method 1613

Current through Register Vol. 56, No. 14, July 15, 2024
Retention Time References, Quantitation References, Relative
				Retention Times, and Minimum Levels for CDDs and CDFs
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1. The Minimum Level
			 (ML) for each analyte is defined as the level at which the entire analytical
			 system must give a recognizable signal and acceptable calibration point. It is
			 equivalent to the concentration of the lowest calibration standard, assuming
			 that all method-specified sample weights, volumes, and cleanup procedures have
			 been employed.
2. The retention
			 time reference for 1,2 3,7,8,9-HxCDD is <13>C##1,2,3,6,7,8-HxCDD, and
			 1,2,3,7,8,9-HxCDD is quantified using the averaged responses for
			 <13>C##1,2,3,4,7,8-HxCDD and <13>C## 1,2,3,6,7,8-HxCDD.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Attachment F - TOXICITY EQUIVALENT FACTOR

Current through Register Vol. 56, No. 14, July 15, 2024
This is the toxicity equivalent factor guidance. Note that CDD
				and CDF are acronyms for chlorinated dibenzo-p-dioxins and chlorinated
				dibenzofurans. T, Pe, Hx, Hp, and O stand for tetra, penta, hexa, hepta, and
				octa, respectively.
Compound
Toxicity Equivalency Factor (TEF)
2,3,7,8-TCDD
1.000
1,2,3,7,8-PeCDD
0.500
1,2,3,4,7,8-HxCDD
0.100
1,2,3,6,7,8-HxCDD
0.100
1,2,3,7,8,9-HxCDD
0.100
1,2,3,4,6,7,8-HpCDD
0.010
1,2,3,4,6,7,8,9-0CDD
0.001
2,3,7,8-TCDF
0.100
1,2,3,7,8-PeCDF
0.050
2,3,4,7,8-PeCDF
0.500
1,2,3,6,7,8-HxCDF
0.100
1,2,3,7,8,9-HxCDF
0.100
1,2,3,4,7,8-HxCDF
0.100
2,3,4,6,7,8-HxCDF
0.100
1,2,3,4,6,7,8-HpCDF
0.010
1,2,3,4,7,8,9-HpCDF
0.010
1,2,3,4,6,7,8,9-0CDF
0.001
All other CDD and CDF have a TEF of zero.