reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 11 - NEW JERSEY WATER SUPPLY AUTHORITY › Subchapter 5 - RULES FOR THE USE OF WATER FROM THE MANASQUAN RESERVOIR WATER SUPPLY SYSTEM › Section 7:11-5.16 - Meter requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purchaser
				shall purchase or construct, install, operate, maintain and repair, as part of
				purchaser's interconnection system, at its sole cost and expense, a flow meter
				or measuring device of a type and in a location approved by the
				Authority.
(b) The purchaser shall
				have said flow meter tested for accuracy at its own sole cost and expense
				before installation, by a testing firm approved by the Authority, and shall
				furnish a certified report of such test to the Authority.
(c) The purchaser shall have such test
				repeated and furnish a report of said test to the Authority:
1. At least once each year no later than the
				anniversary date of the meter installation;
2. Following meter repairs; and
3. At such other reasonable times as the
				Authority may reasonably request at purchaser's sole cost and
				expense.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 11 - NEW JERSEY WATER SUPPLY AUTHORITY › Subchapter 5 - RULES FOR THE USE OF WATER FROM THE MANASQUAN RESERVOIR WATER SUPPLY SYSTEM › Section 7:11-5.17 - Meter readings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purchaser
				shall meter all water withdrawn from the Manasquan Reservoir System.
(b) Monthly meter readings shall be taken by
				the purchaser on the last day of each month, unless otherwise approved by the
				Authority, or if that day falls on Sunday or a legal holiday, on the first
				working day thereafter.
(c) The
				purchaser shall keep a daily record of flow rates and cumulative daily water
				withdrawal totals and shall submit to the Authority, not later than the tenth
				business day of each such month, copies of such records for the preceding
				month.
(d) The Authority or its
				designated representative shall have the right at any time to examine the flow
				meter or other measuring device and the above mentioned records, as well as to
				order tests pursuant to
				7:11-5.16, and repairs or
				replacements pursuant to
				7:11-5.18.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 11 - NEW JERSEY WATER SUPPLY AUTHORITY › Subchapter 5 - RULES FOR THE USE OF WATER FROM THE MANASQUAN RESERVOIR WATER SUPPLY SYSTEM › Section 7:11-5.18 - Meter failure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event of
				meter malfunction involving variances greater than two percent from actual, the
				Authority may estimate the amounts of water actually withdrawn and base charges
				upon such estimates rather than meter readings, without prejudice to the right
				of the purchaser in the event of any dispute to pursue any legal remedy in
				connection therewith. Such estimates shall be based on the purchaser's average
				daily withdrawals, with due consideration of the scale of plant operation
				before and during the breakdown period, or on such other method as the
				Authority shall select.
(b) In the
				event of repeated or prolonged failure of any meter or measuring device to
				operate properly, the purchaser shall, upon Authority order, repair or replace
				the meter or other measuring device at the purchaser's cost and
				expense.
(c) In the event of
				failure of the purchaser to comply with the order set forth in (b) above, the
				Authority may order suspension of withdrawal until the faulty meter or other
				measuring device has been repaired or replaced provided that such suspension
				shall not excuse the purchaser from payment of charges set forth in the
				applicable rate schedule.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 11 - NEW JERSEY WATER SUPPLY AUTHORITY › Subchapter 5 - RULES FOR THE USE OF WATER FROM THE MANASQUAN RESERVOIR WATER SUPPLY SYSTEM › Section 7:11-5.19 - Assistance to be furnished by purchaser

Current through Register Vol. 56, No. 14, July 15, 2024
The purchaser, at his or her own expense, shall furnish the
				  Authority such assistance as it may require for the purpose of examining the
				  purchaser's withdrawal system, making meter tests, taking samples, or
				  performing other duties in connection with the water purchase contract.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 11 - NEW JERSEY WATER SUPPLY AUTHORITY › Subchapter 5 - RULES FOR THE USE OF WATER FROM THE MANASQUAN RESERVOIR WATER SUPPLY SYSTEM › Section 7:11-5.20 - Water quality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The water to be
				supplied by the Authority shall be raw, untreated water which the Authority
				shall supply to all system water purchasers without distinction as to source or
				quality of the water supplied.
(b)
				The Authority shall establish and maintain a system, of such design as the
				Authority shall, in its sole discretion, deem appropriate, to monitor the water
				quality of ground water and surface water from which Manasquan Reservoir System
				water is derived and to provide the information derived from such system to the
				purchaser.
(c) Water withdrawn for
				potable use shall be treated by the purchaser to meet the standards contained
				in N.J.A.C. 7:10.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 11 - NEW JERSEY WATER SUPPLY AUTHORITY › Subchapter 5 - RULES FOR THE USE OF WATER FROM THE MANASQUAN RESERVOIR WATER SUPPLY SYSTEM › Section 7:11-5.21 - Disposition of facilities

Current through Register Vol. 56, No. 14, July 15, 2024
Within 90 days after termination of the water purchase
				  contract or such longer period as may reasonably be required, the purchaser
				  shall remove from Manasquan Reservoir System property purchaser's
				  interconnection system and any other facilities installed by purchaser on
				  Manasquan Reservoir System property, and shall restore said property to its
				  former condition as nearly as may be and in a manner satisfactory in the
				  reasonable judgment of the Authority and shall release and reconvey any
				  easement granted pursuant to
				  7:11-5.15. On purchaser's failure
				  to do so, the Authority may make such removal and restoration at the sole cost
				  and expense of the purchaser, which cost and expense the purchaser agrees to
				  pay on demand. The Authority also reserves the option to sell purchaser's
				  interconnection system and other facilities to assist in defraying the cost and
				  expense of removal and restoration. Purchaser may, within 30 days after
				  termination of the water purchase contract, submit a written offer to sell or
				  donate such systems and/or facilities to the Authority, which the Authority
				  shall accept or reject in writing within 60 days.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 12 - SHELLFISH GROWING WATER CLASSIFICATION › Subchapter 1 - GENERAL PROVISIONS AND PROCEDURES FOR CLASSIFICATION OF SHELLFISH WATERS › Section 7:12-1.1 - Scope; general provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to
				protect the health, safety, and welfare of the public from the risks associated
				with the consumption of shellfish, this chapter sets forth the rules of the
				Department of Environmental Protection concerning the harvest or use of
				shellfish from waters other than Approved pursuant to
58:24-1
et seq., and the
				aquaculture of shellfish in all waters of the State pursuant to
50:1-5
et seq. This
				chapter establishes:
1. The procedures for
				the classification of shellfish waters and the boundaries of the waters so
				classified;
2. The procedures for
				the Department to impose immediate shellfish harvest suspensions and
				restrictions;
3. The requirements
				for shellfish license holders for the harvest, handling, and transport of
				shellfish in order to ensure harvested shellfish are safe for human
				consumption; and
4. Permits for the
				following:
i. Depuration plants;
ii. Depuration harvesters;
iii. Harvest of surf clams for
				bait;
iv. Harvest for
				relay;
v. Harvest for
				transplant;
vi. Shellfish research
				in waters other than Approved;
vii.
				Shellfish restoration and/or enhancement in waters other than
				Approved;
viii. Growing seed in
				waters other than Approved by a nonprofit or government agency;
ix. Short-term use of shellfish for toxins
				monitoring in waters other than Approved;
x. Production and growing of seed by a
				hatchery or nursery in waters other than Approved; and
xi. Commercial shellfish aquaculture in
				Approved waters.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 12 - SHELLFISH GROWING WATER CLASSIFICATION › Subchapter 1 - GENERAL PROVISIONS AND PROCEDURES FOR CLASSIFICATION OF SHELLFISH WATERS › Section 7:12-1.3 - Classification of shellfish waters

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall classify the shellfish waters of the State for the purpose of harvesting
				shellfish. The classification of all shellfish waters shall adhere to the
				guidance and criteria contained within the NSSP Guide, 2015, incorporated
				herein by reference, as amended and supplemented, and available as provided at
7:12-1.1(k)
. Shellfish waters may be classified as Approved, Conditionally
				Approved, Restricted, Conditionally Restricted, or Prohibited. Classification
				of shellfish waters shall be determined based on the following factors:
1. The ambient bacteriological water quality,
				for example, total coliform bacteria;
2. Hydrological characteristics of the area
				to be classified, for example, rainfall, freshwater input, tidal exchange, flow
				pattern;
3. Shoreline survey and
				assessment, for example, location of pollution sources such as permitted point
				sources, non-point sources, marinas, docks and other recreational areas,
				agricultural areas, and/or areas of wildlife usage, characteristics of various
				pollution sources, and land-use patterns;
4. Any site-specific factors related to (a)1
				through 3 above; and
5. Any
				shellfish waters that are not subjected to a sanitary survey every 12 years
				shall be classified as Prohibited.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 12 - SHELLFISH GROWING WATER CLASSIFICATION › Subchapter 1 - GENERAL PROVISIONS AND PROCEDURES FOR CLASSIFICATION OF SHELLFISH WATERS › Section 7:12-1.4 - Immediate shellfish harvest suspensions and restrictions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department shall immediately suspend harvest in areas impacted by an
				intermittent pollution episode or emergency condition when the event has or may
				have a deleterious impact on public health. Examples of such events include the
				following: wastewater facility malfunctions, sewer line breaks, malfunctioning
				septic systems, catastrophic storm events, or other hazardous material spills.
				The Department shall consider the following factors in determining the
				necessity, area extent, and length of such a suspension:
1. The type and quantity of the material
				spilled or discharged;
2. The
				location of the spill or discharge or naturally occurring harmful algal
				blooms;
3. The duration of the
				spill or discharge or naturally occurring harmful algal blooms;
4. The proximity to shellfish beds of the
				spill or discharge;
5. The
				hydrographic characteristics of the waterway; and
6. Any site-specific factors related to (a)1
				through 5 above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 12 - SHELLFISH GROWING WATER CLASSIFICATION › Subchapter 2 - SHELLFISH GROWING WATER CLASSIFICATION-PROHIBITED › Section 7:12-2.1 - Shellfish growing water classification-Prohibited

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following shellfish growing waters
				are classified Prohibited:
1. General areas
				as follows:
i. All lagoons dredged for the
				purpose of access to property and/or the dockage of boats; and
ii. All marinas, anchorages or other places
				where docking or mooring facilities are provided for boats.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 12 - SHELLFISH GROWING WATER CLASSIFICATION › Subchapter 5 - SHELLFISH GROWING WATER CLASSIFICATION-CONDITIONALLY RESTRICTED › Section 7:12-5.1 - Shellfish growing water classification-Conditionally Restricted

Current through Register Vol. 56, No. 14, July 15, 2024
No shellfish growing waters are classified as Conditionally
				  Restricted.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 12 - SHELLFISH GROWING WATER CLASSIFICATION › Subchapter 7 - SANCTUARIES › Section 7:12-7.1 - Sanctuaries

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may establish sanctuaries for the purpose of
				  re-establishing shellfish populations and shall establish the boundaries of any
				  such sanctuary in this subchapter. No shellfish shall be harvested from within
				  a sanctuary.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 12 - SHELLFISH GROWING WATER CLASSIFICATION › Subchapter 8 - SHELLFISH HARVEST, HANDLING, AND TRANSPORT REQUIREMENTS FOR SHELLFISH LICENSE HOLDERS › Section 7:12-8.1 - Scope and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				This subchapter establishes the requirements for shellfish license holders for
				the harvest, handling, and transport of shellfish in order to ensure harvested
				shellfish are safe for human consumption.
(b) Any person who violates any requirement
				of this subchapter may be subject to prosecution and/or penalties pursuant to
23:2B-14
,
50:1-5
et seq.,
58:24-9
,
58:24-10
,
58:24-10.1
, and
2C:64-1
et seq., including
				the forfeiture of shellfish, which may be seized and returned to the water or
				destroyed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 12 - SHELLFISH GROWING WATER CLASSIFICATION › Subchapter 8 - SHELLFISH HARVEST, HANDLING, AND TRANSPORT REQUIREMENTS FOR SHELLFISH LICENSE HOLDERS › Section 7:12-8.2 - Shellfish harvester training requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every shellfish license holder shall
				complete the Department's shellfish harvester training in accordance with (a)1
				and 2 below. The shellfish harvester training covers shellfish harvest,
				handling, and transportation practices, and is available on-line at
http://www.nj.gov/dep/bmw/
.
1. Any person who, as of September 19, 2016,
				possesses a valid shellfish license shall complete the shellfish harvester
				training by December 18, 2016.
2.
				As part of any application for a shellfish license, the applicant shall certify
				that he or she has completed the shellfish harvester training within the past
				two years.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 12 - SHELLFISH GROWING WATER CLASSIFICATION › Subchapter 8 - SHELLFISH HARVEST, HANDLING, AND TRANSPORT REQUIREMENTS FOR SHELLFISH LICENSE HOLDERS › Section 7:12-8.3 - Requirements for vessels used to harvest and/or transport shellfish

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any shellfish
				license holder who harvests and/or transports shellfish shall do so on vessels
				which meet the requirements at (a)1 through 5 below. In addition, the
				requirements at (a)6 and 7 below apply if the vessel is used to harvest and/or
				transport shellfish for direct marketing.
1.
				Decks and storage bins shall be constructed and located to prevent bilge water
				or polluted overboard water from coming into contact with the
				shellfish.
2. Bilge pump discharges
				shall be located so that the discharge does not contaminate
				shellfish.
3. Containers used for
				storing shellfish shall be clean and fabricated from safe materials.
4. Effective coverings shall be provided on
				harvest boats to protect shellfish from exposure to hot sun, birds, and other
				adverse conditions that may contaminate or cause the deterioration or
				decomposition of the shellfish.
5.
				Cats, dogs, and other animals shall not be allowed on vessels.
6. Decks and storage bins used in the harvest
				and/or transport of shellfish shall be kept clean with potable water or water
				classified as Approved or Conditionally Approved in the open status, and
				provided with effective drainage.
7. Vessels and all other equipment coming in
				contact with shellfish harvested from waters other than Approved shall be
				thoroughly cleaned before the vessels and equipment are used to handle and/or
				transport shellfish for direct marketing.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 12 - SHELLFISH GROWING WATER CLASSIFICATION › Subchapter 8 - SHELLFISH HARVEST, HANDLING, AND TRANSPORT REQUIREMENTS FOR SHELLFISH LICENSE HOLDERS › Section 7:12-8.4 - Requirement to wash shellfish

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				shellfish license holder harvesting shellfish shall wash the shellfish free of
				bottom sediments as soon after harvesting as practicable.
(b) Shellfish shall be washed using water
				only from a potable water source or from waters classified as Approved or
				Conditionally Approved in the open status, except shellfish harvested for
				depuration shall be washed in accordance with the Department of Health's rules
				at
N.J.A.C. 8:13
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 12 - SHELLFISH GROWING WATER CLASSIFICATION › Subchapter 8 - SHELLFISH HARVEST, HANDLING, AND TRANSPORT REQUIREMENTS FOR SHELLFISH LICENSE HOLDERS › Section 7:12-8.5 - Requirement to tag containers of shellfish

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A shellfish license holder harvesting
				shellfish shall affix to each container of shellfish at the harvest location a
				pre-printed tag with the information required at (b) below. The tag shall
				remain affixed to the container during transport to the certified dealer.
				Shellfish harvested on different dates or from different harvest locations
				shall not be commingled in a single container with a single tag.
1. When the shellfish license holder
				harvesting shellfish is a certified dealer, the tag affixed to the container
				may be either a harvester tag or a dealer tag that meets the requirements
				established by the Department of Health pursuant to
N.J.A.C.
				8:13
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 12 - SHELLFISH GROWING WATER CLASSIFICATION › Subchapter 8 - SHELLFISH HARVEST, HANDLING, AND TRANSPORT REQUIREMENTS FOR SHELLFISH LICENSE HOLDERS › Section 7:12-8.6 - Vibrio parahaemolyticus Control Plan time to temperature control requirements for harvesting oysters

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				If a shellfish license holder is conducting subtidal harvesting of oysters, the
				shellfish license holder shall comply with the following hours from harvest to
				refrigeration:
Dates of harvest
Maximum hours to refrigeration<1>
Start of harvest<2>
June 1 - June 14
7
Sunrise
June 15 - July 14
6
Sunrise
July 15 - August 31
7
Sunrise
<1> Hours to refrigeration means the total number of
				  hours (inclusive of any transport time) from the start of harvest until the
				  oysters are placed in refrigeration.
<2.> For purposes of the start of harvest under this
				  subsection, sunrise shall mean the time of sunrise in Trenton, New Jersey. The
				  sunrise time shall apply regardless of where a harvester intends to harvest or
				  is harvesting shellfish. The Trenton sunrise timetable is included in the NJ
				  Hunting and Trapping Digest available from the Department's Division of Fish
				  and Wildlife and on-line at
http://www.state.nj.us/dep/fgw
.
1. A shellfish license holder conducting
				subtidal harvesting who places harvested oysters directly in refrigeration on
				the vessel is not subject to the maximum hours to refrigeration in the table at
				(a) above. However, the shellfish license holder shall:
i. Notify the Department's Division of Fish
				and Wildlife, Bureau of Law Enforcement, Marine Region, at 609-748-2050 prior
				to June 1 that the harvester will be using, on the vessel, refrigeration that
				is approved by the Department of Health; and
ii. Fly a flag that is a minimum size of 18
				inches by 18 inches, orange, and bearing a black diagonal stripe.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 12 - SHELLFISH GROWING WATER CLASSIFICATION › Subchapter 9 - SHELLFISH PERMITS FOR HARVEST FOR WATERS OTHER THAN APPROVED; RESEARCH; RESTORATION AND ENHANCEMENT; TOXINS MONITORING; AND AQUACULTURE › Section 7:12-9.1 - General provisions for shellfish permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				subchapter establishes permits for the harvest of shellfish from waters
				classified other than Approved, for shellfish research, for shellfish
				restoration and enhancement, for toxins monitoring in shellfish, and for
				shellfish aquaculture.
1. A permit under this
				subchapter shall be valid for the period specified in the permit document
				issued to the permittee, unless revoked or suspended for cause. The period of
				validity shall not extend beyond December 31 of the calendar year of
				issuance.
2. An issued permit is
				non-transferable.
3. In addition to
				the requirements in this subchapter, permittees are subject to the applicable
				requirements of
N.J.A.C. 7:12-8
.
4. A permit under this subchapter does not
				exempt a permittee from compliance with all other applicable State laws and
				rules.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 12 - SHELLFISH GROWING WATER CLASSIFICATION › Subchapter 9 - SHELLFISH PERMITS FOR HARVEST FOR WATERS OTHER THAN APPROVED; RESEARCH; RESTORATION AND ENHANCEMENT; TOXINS MONITORING; AND AQUACULTURE › Section 7:12-9.2 - Hatchery, nursery, and/or aquaculture activities existing as of September 18, 2016; requirement to apply for a permit

Current through Register Vol. 56, No. 14, July 15, 2024
Any person who, as of September 18, 2016, is engaged in
				  shellfish hatchery, nursery, and/or aquaculture activities regulated under the
				  permits at
7:12-9.14
and
9.15
shall apply for the applicable permit in accordance with
7:12-9.3
on or before
				  October 19, 2016. Any person whose permit application is denied may request an
				  adjudicatory hearing in accordance with
7:12-9.4
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 12 - SHELLFISH GROWING WATER CLASSIFICATION › Subchapter 9 - SHELLFISH PERMITS FOR HARVEST FOR WATERS OTHER THAN APPROVED; RESEARCH; RESTORATION AND ENHANCEMENT; TOXINS MONITORING; AND AQUACULTURE › Section 7:12-9.3 - Applications for and issuance of a permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To apply for
				a permit, a person shall obtain a Consolidated Permit Application form from the
				Bureau at the address set forth at
7:12-1.1(l)
and shall submit the completed and
				signed form by mail or hand-delivery to that address.
(b) The Consolidated Permit Application form
				requires identifying information regarding the applicant, including name,
				address, and telephone number(s); date of birth; driver's license number; the
				number of the applicant's current permit issued under this subchapter (if any);
				the number of the applicant's shellfish license(s) (if any); conservation
				identification (CID) number issued by the Department's Division of Fish and
				Wildlife (if any); as well as identifying and contact information for the
				organization or company with which the applicant is affiliated or employed (if
				any). The Consolidated Permit Application form also identifies the
				permit-specific information an applicant shall submit to meet the requirements
				set forth elsewhere in this subchapter for the particular permit
				sought.
(c) Each application for a
				permit, other than for the Commercial Shellfish Aquaculture Permit pursuant to
7:12-9.15
, shall be
				accompanied by a $ 25.00 application fee in the form of check or money order
				made payable to Treasurer, State of New Jersey.
(d) If, after review of the application, the
				Department determines the application meets the applicable requirements of this
				subchapter, the Department shall issue the permit to the applicant. Any person
				whose permit application is denied may request an adjudicatory hearing in
				accordance with
7:12-9.4
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 12 - SHELLFISH GROWING WATER CLASSIFICATION › Subchapter 9 - SHELLFISH PERMITS FOR HARVEST FOR WATERS OTHER THAN APPROVED; RESEARCH; RESTORATION AND ENHANCEMENT; TOXINS MONITORING; AND AQUACULTURE › Section 7:12-9.4 - Request for an adjudicatory hearing on a permit decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				person, subject to the limitation on third party appeal rights set forth in
52:14B-3.1
through 3.3,
				aggrieved by a permit decision made by the Department, including suspension of
				a permit in accordance with
7:12-9.1
, may request an
				adjudicatory hearing pursuant to the Administrative Procedure Act,
52:14B-1
et seq., and the
				Uniform Administrative Procedure Rules,
N.J.A.C.
				1:1
.
(b) A request for an
				adjudicatory hearing must be received by the Department within 30 calendar days
				after the person requesting the hearing receives notice of the Department's
				decision. If the Department does not receive a hearing request within the
				allotted time, it shall deny the hearing request.
(c) A person requesting a hearing shall
				provide the following information in writing to the Department at the addresses
				in (e) below:
1. The name, address, telephone
				number, and e-mail address of the person requesting the hearing, and the
				person's authorized representative (if any);
2. The date the person requesting the hearing
				received the decision document and a copy of the decision document;
3. Any facts or principles of law that the
				person requesting the hearing believes constitute a defense;
4. Any other information or documents
				supporting the request;
5. An
				estimate of the time required for the hearing (in days and/or hours);
				and
6. A request, if necessary, for
				a barrier-free hearing location for physically disabled persons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 12 - SHELLFISH GROWING WATER CLASSIFICATION › Subchapter 9 - SHELLFISH PERMITS FOR HARVEST FOR WATERS OTHER THAN APPROVED; RESEARCH; RESTORATION AND ENHANCEMENT; TOXINS MONITORING; AND AQUACULTURE › Section 7:12-9.5 - Soft clam and/or hard clam depuration plant permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Soft
				Clam and/or Hard Clam Depuration Plant Permit authorizes a depuration plant to
				possess soft and/or hard clams harvested from Restricted waters for further
				processing. This permit completes the control link between the harvest of soft
				and/or hard clams regulated under the Soft Clam and/or Hard Clam Depuration
				Harvester Permit at
7:12-9.6
and
				the processing of the harvested clams, which is regulated by the Department of
				Health and requires that the depuration plant obtain a certificate to operate
				from the Department of Health under that department's rules at N.J.A.C. 8:13-2.
1. Any person who seeks certification from
				the Department of Health for the construction and/or operation of a depuration
				plant shall submit to the Department for approval a shellfish transportation
				plan designed to control shellfish transportation between the harvest area and
				the depuration plant in order to prevent shellfish from being illegally
				diverted to direct marketing. The shellfish transportation plan shall include
				measures such as surveillance of the vessel or vehicle used to transport
				shellfish, predetermined route from harvest site to depuration plant, GPS
				tracking of the vehicle used to transport the shellfish, use of a
				tamper-evident seal on the vehicle used to transport the shellfish, and/or a
				count of both the quantity of shellfish transported from the harvest area and
				the quantity received at the depuration plant.
2. In the event that transporting shellfish
				directly by vessel to the depuration plant cannot be accomplished because of
				adverse weather conditions (for example, bay and river icing) or other
				circumstance as determined by the Department, the depuration plant shall submit
				to the Department for prior approval a shellfish transportation plan satisfying
				the requirements of (a)1 above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 12 - SHELLFISH GROWING WATER CLASSIFICATION › Subchapter 9 - SHELLFISH PERMITS FOR HARVEST FOR WATERS OTHER THAN APPROVED; RESEARCH; RESTORATION AND ENHANCEMENT; TOXINS MONITORING; AND AQUACULTURE › Section 7:12-9.7 - Permit for the Harvest of Surf Clams from Prohibited Waters for Bait

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Permit for the Harvest of Surf Clams from Prohibited Waters authorizes the
				harvest of surf clams from waters in the Atlantic Ocean classified as
				Prohibited for bait and not for human consumption.
(b) In addition to the completed Consolidated
				Permit Application form and application fee required under
7:12-9.3
, an applicant
				for a Permit for the Harvest of Surf Clams from Prohibited Waters for Bait
				shall submit:
1. A copy of a valid shellfish
				license; and
2. The vessel name ,
				State registration number, and mooring location.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 12 - SHELLFISH GROWING WATER CLASSIFICATION › Subchapter 9 - SHELLFISH PERMITS FOR HARVEST FOR WATERS OTHER THAN APPROVED; RESEARCH; RESTORATION AND ENHANCEMENT; TOXINS MONITORING; AND AQUACULTURE › Section 7:12-9.8 - Permit for the Harvest of Hard Clams or Oysters from Restricted Waters and Relay to Approved Waters

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Permit for
				the Harvest of Hard Clams or Oysters from Restricted Waters and Relay to
				Approved Waters authorizes the harvest of hard clams or oysters from waters
				classified as Restricted for relay to a relay lease(s) in waters classified as
				Approved for purposes of reduction of pathogens prior to direct
				marketing.
(b) In addition to the
				completed Consolidated Permit Application form and the application fee required
				under
7:12-9.3
, an applicant
				for a Permit for the Harvest of Hard Clams or Oysters from Restricted Waters
				and Relay to Approved Waters shall submit:
1.
				A copy of a valid shellfish license; and
2. A copy of a relay lease(s) issued pursuant
				to N.J.A.C. 7:25-15.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 12 - SHELLFISH GROWING WATER CLASSIFICATION › Subchapter 9 - SHELLFISH PERMITS FOR HARVEST FOR WATERS OTHER THAN APPROVED; RESEARCH; RESTORATION AND ENHANCEMENT; TOXINS MONITORING; AND AQUACULTURE › Section 7:12-9.9 - Permit for the Harvest of Seed Oysters and/or Seed Clams from Restricted Waters and Transplant to Approved Waters

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Permit for
				the Harvest of Seed Oysters and/or Seed Clams from Restricted Waters and
				Transplant to Approved Waters authorizes the harvest of seed oysters and/or
				seed clams from waters classified as Restricted for transplant to a lease(s) in
				waters classified as Approved for grow-out and reduction of pathogens prior to
				direct marketing.
(b) In addition
				to the completed Consolidated Permit Application form and the application fee
				required under
7:12-9.3
, an
				applicant for a Permit for the Harvest of Seed Oysters and/or Seed Clams from
				Restricted Waters and Transplant to Approved Waters shall submit:
1. A copy of a valid shellfish license;
				and
2. A map showing the general
				area from which seed are to be harvested and the boundaries and GPS coordinates
				of the lease to which the seed will be transplanted.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 12 - SHELLFISH GROWING WATER CLASSIFICATION › Subchapter 9 - SHELLFISH PERMITS FOR HARVEST FOR WATERS OTHER THAN APPROVED; RESEARCH; RESTORATION AND ENHANCEMENT; TOXINS MONITORING; AND AQUACULTURE › Section 7:12-9.10 - Permit for Shellfish Research in Waters Other Than Approved

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Permit for Shellfish Research in Waters Other Than Approved authorizes the
				collection of shellfish from waters classified as other than Approved for the
				purpose of scientific research.
(b)
				In addition to the completed Consolidated Permit Application form and
				application fee required under
7:12-9.3
, an applicant
				for a Permit for Shellfish Research in Waters Other Than Approved shall submit:
1. A copy of a valid Scientific Collecting
				Permit issued by the Department's Division of Fish and Wildlife allowing the
				collection of the species for which the applicant seeks the Permit for
				Shellfish Research in Waters Other Than Approved; and
2. A project overview that includes the
				following:
i. The name of the project manager,
				and the names of all participants, identifying each participant's roles and
				responsibilities in the project;
ii. A detailed description of the
				objective(s) of the project, including why the research requires shellfish from
				waters other than Approved;
iii.
				The name(s) and location(s) of the waters where the project is proposed to be
				conducted and the classification(s) of those waters under this
				chapter;
iv. The anticipated length
				of time to accomplish the research project, including intended start and finish
				dates;
v. A description of the
				methods and equipment to be used to collect the shellfish;
vi. The species and size, and estimated
				number of shellfish proposed to be collected; and
vii. Where the project is being continued
				from the previous year, the Project Summary Report described at (d) below for
				that previous year.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 12 - SHELLFISH GROWING WATER CLASSIFICATION › Subchapter 9 - SHELLFISH PERMITS FOR HARVEST FOR WATERS OTHER THAN APPROVED; RESEARCH; RESTORATION AND ENHANCEMENT; TOXINS MONITORING; AND AQUACULTURE › Section 7:12-9.12 - Permit for Growing Seed in Waters Other Than Approved by a Non-profit Organization or Government Agency

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Permit for
				Growing Seed in Waters Other Than Approved by a Non-profit Organization or
				Government Agency authorizes a Non-profit Organization or Government Agency to
				conduct a project involving the distribution of seed to participants who will
				grow the seed at various locations in waters other than Approved for relocation
				by the permittee to:
1. Approved or
				Conditionally Approved waters;
2. A
				project authorized under a Permit for Shellfish Restoration and/or Enhancement
				in Waters Other Than Approved (
7:12-9.11
); or
3. Waters outside the boundaries of the State
				of New Jersey, subject to any required approval from the receiving
				state.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 12 - SHELLFISH GROWING WATER CLASSIFICATION › Subchapter 9 - SHELLFISH PERMITS FOR HARVEST FOR WATERS OTHER THAN APPROVED; RESEARCH; RESTORATION AND ENHANCEMENT; TOXINS MONITORING; AND AQUACULTURE › Section 7:12-9.13 - Permit for Short-term Use of Shellfish for Toxins Monitoring in Waters Other Than Approved

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Permit for Short-term Use of
				Shellfish for Toxins Monitoring in Waters Other Than Approved authorizes the
				placement of shellfish into waters other than Approved for purposes of a
				Remedial Investigation pursuant to the Department's Technical Requirements for
				Site Remediation,
N.J.A.C. 7:26E
, or for purposes of a study
				approved by the Department's Site Remediation Program where the applicant can
				demonstrate a specific need to study bioaccumulation of toxins in shellfish
				from known contaminated sites located in or impacting waters other than
				Approved.
(b) In addition to the
				completed Consolidated Permit Application form and application fee required
				under
7:12-9.3
, an applicant
				for a Permit for Short-term use of Shellfish for Toxins Monitoring shall submit
				a project overview that includes the following:
1. The name of the project manager, and the
				names of all participants, identifying each participant's roles and
				responsibilities in the project;
2.
				A detailed description of the objective(s) of the project;
3. The name(s) and location of the waters
				where the project is proposed to be conducted and the classification(s) of
				those waters under this chapter;
4.
				The anticipated length of time to accomplish the project, including intended
				start and finish dates;
5. A
				description and specifications for the secure cage or container that will hold
				shellfish during the project;
6. A
				map indicating the location(s) of cages and/or secure containers, including GPS
				coordinates;
7. The species and
				size, and estimated number of shellfish to be used over the course of the
				project, and if a multi-year project is anticipated, the species and size, and
				estimated number of shellfish to be used each year;
8. The criteria by which success of the
				project is to be measured with respect to the objectives;
9. A schedule for placement of the shellfish
				cages or containers in the water, sampling of shellfish, and removal at
				completion of the study;
10. A
				schedule for maintenance activities; and
11. Where the project is being continued from
				the previous year, the Project Summary Report described at (d) below for that
				previous year.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 12 - SHELLFISH GROWING WATER CLASSIFICATION › Subchapter 9 - SHELLFISH PERMITS FOR HARVEST FOR WATERS OTHER THAN APPROVED; RESEARCH; RESTORATION AND ENHANCEMENT; TOXINS MONITORING; AND AQUACULTURE › Section 7:12-9.14 - Permit for a Hatchery to Produce and Grow Seed or for a Nursery to Grow Seed

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Permit for a Hatchery to Produce and
				Grow Seed or for a Nursery to Grow Seed authorizes a hatchery or nursery to
				produce and/or grow seed at a single site in or using waters classified as
				other than Approved for sale or for relocation to Approved or Conditionally
				Approved waters.
(b) In addition to
				the completed Consolidated Permit Application form and application fee required
				under
7:12-9.3
, an applicant
				for a Permit for a Hatchery to Produce and Grow Seed or for a Nursery to Grow
				Seed shall submit a detailed description of the operation that includes the
				following:
1. The name(s) and location(s) of
				the waters where the operation is to be conducted and the classification(s) of
				those waters under this chapter;
2.
				A description of the methods and equipment to be used to produce and/or grow
				seed;
3. The species of seed to be
				produced and/or grown;
4. If
				hatchery activities are conducted, the species and number of broodstock and the
				physical location of the broodstock at all times; and
5. If hatchery activities are conducted, a
				description of security measures that limit access to the broodstock. Such
				measures may include locked structures or cages, surveillance, patrols, and/or
				fencing.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 12 - SHELLFISH GROWING WATER CLASSIFICATION › Subchapter 9 - SHELLFISH PERMITS FOR HARVEST FOR WATERS OTHER THAN APPROVED; RESEARCH; RESTORATION AND ENHANCEMENT; TOXINS MONITORING; AND AQUACULTURE › Section 7:12-9.15 - Commercial Shellfish Aquaculture Permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Commercial Shellfish Aquaculture Permit authorizes the growing of shellfish in
				waters classified as Approved or Conditionally Approved and harvest for direct
				marketing.
(b) In addition to the
				completed Consolidated Permit Application form required under
7:12-9.3
, an applicant
				for a Commercial Shellfish Aquaculture Permit shall submit:
1. A copy of a valid shellfish
				license.
2. If the applicant is a
				certified dealer, a copy of the shellfish certificate issued by the Department
				of Health pursuant to
8:13-1.5
;
				and
3. An Operational Plan for the
				shellfish aquaculture operation(s) in accordance with (c) below; and
4. For a shellfish aquaculture operation
				re-applying for a Commercial Shellfish Aquaculture Permit, a report of the
				total quantity(ies) of shellfish, by species, harvested in the most recent
				calendar year.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:13-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter sets forth requirements
				governing human disturbance to the land and vegetation in the following areas:
1. The flood hazard area of a regulated
				water, as described at
				N.J.A.C.
				7:13-3; and
2. The riparian zone of a regulated water, as
				described at
				N.J.A.C.
				7:13-4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:13-1.3 - Forms, checklists, information, technical manual; Department address and website

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Forms, checklists, and other information
				related to this chapter can be obtained from the Division of Land Use
				Regulation at the address in (c) below, by telephone at (609) 984-0162, or
				through the Division's website at
http://www.nj.gov/dep/landuse
.
				Further information about the Department can be accessed at
http://www.nj.gov/dep
.
(b) The Division has prepared a Flood Hazard
				Area Technical Manual, which provides guidance concerning the basic engineering
				and environmental concepts that are the foundation of this chapter, as well as
				guidance and examples for performing calculations and analyses under this
				chapter. The manual is available from the Division's website listed at (a)
				above.
(c) Applications and other
				correspondence shall be submitted to the following addresses:
1. For submittal of an application for
				authorization under a general permit-by-certification or general permit, for an
				individual permit, or for a verification in accordance with
				N.J.A.C.
				7:13-18.5(a), the
				Department's website at
http://www.nj.gov/dep/online;
and
2. For correspondence or the
				submittal of an application for an applicability determination, a revision of a
				Department delineation, a verification in accordance with
				N.J.A.C.
				7:13-18.5(b), or an
				extension, transfer, or modification of a permit:
i. For regular mail:
New Jersey Department of Environmental Protection
Division of Land Use Regulation
Mail Code 501-02A, PO Box 420
Trenton, NJ 08625; and
ii. For hand delivery, courier service, and
				overnight delivery:
New Jersey Department of Environmental Protection
Division of Land Use Regulation
501 East State Street
5 Station Plaza, Second Floor
Trenton, NJ 08609.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:13-1.4 - Delegation of authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				specified in (e) below, the Department may delegate authority to take action
				under this chapter to a county governing body. A county governing body seeking
				to assume all or a portion of the Department's authority under this chapter
				shall do the following:
1. Retain employees
				with professional training and education capable of properly administering the
				permitting program established by this chapter; and
2. Submit to the Department a written request
				for delegation that includes the following:
i. A description of the aspects of the
				Department's authority that the county governing body seeks to
				assume;
ii. An agreement to uphold
				the requirements of this chapter;
iii. A written statement by the county
				governing body agreeing to apply for and accept delegation of authority,
				pursuant to
				58:16A-55.6, and agreeing to
				adopt, in the event the request is approved, an ordinance or resolution
				enabling the body to carry out the delegation. A copy of the proposed ordinance
				or resolution shall also be provided; and
iv. A detailed description of the personnel,
				the physical resources and the source and amount of funding the county
				governing body shall use to fulfill the obligations it seeks to
				assume.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:13-1.5 - Creation of a county water resources association

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A county
				governing body can create, by ordinance or resolution, a county water resources
				association, the purpose of which shall be to:
1. Establish county flood control and water
				management programs, and coordinate these with State and Federal
				programs;
2. Advise the county
				governing body on issues related to flood control and water management;
				and
3. Undertake other duties
				concerning flood control and water management that the county governing body
				delegates to the association by ordinance or resolution.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:13-1.6 - Liberal construction

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall be liberally construed to effectuate the
				  purpose of the Acts under which it was adopted.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:13-1.7 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any subchapter, section, subsection, provision, clause,
				  or portion of this chapter, or the application thereof to any person, is
				  adjudged unconstitutional or invalid by a court of competent jurisdiction, such
				  judgment shall be confined in its operation to the subchapter, section,
				  subsection, provision, clause, portion, or application directly involved in the
				  controversy in which the judgment was rendered and it shall not affect or
				  impair the remainder of this chapter or the application thereof to other
				  persons.