reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 18 - APPLICATION REQUIREMENTS › Section 7:13-18.7 - Engineering report requirement for an application for a verification based on Methods 4, 5, or 6 or for an individual permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to the requirements at
				N.J.A.C.
				7:13-18.2 and 18.4 or 18.5, as applicable, an
				application for a verification based on Methods 4, 5, or 6, pursuant to
				N.J.A.C.
				7:13-3.4(f), 3.5, and 3.6,
				respectively, or for an individual permit shall include an engineering report.
				The engineering report shall include:
1. The
				signature and seal of an engineer;
2. The name, address, and telephone number of
				the engineer, as well as any other person designated by the engineer to answer
				questions about the report;
3. All
				supporting hydrologic, hydraulic, flood storage volume, stormwater and
				structural calculations, which are necessary to demonstrate that the
				application meets the requirements of this chapter;
4. A narrative that explains the submitted
				calculations and describes why each particular calculation or methodology was
				used;
5. All maps, references, and
				other supporting materials that were used to prepare the submitted
				calculations;
6. For an application
				for a verification, all flood maps, drainage area maps, and other material used
				to determine the flood hazard area and/or floodway limits;
7. For an application for an individual
				permit, the total area of impervious surface proposed and the total land area
				that will be disturbed;
8. For an
				application for an individual permit for which the Department is reviewing a
				stormwater management plan pursuant to
7:13-12.2
, the following
				information where applicable:
i. An
				explanation of how nonstructural stormwater management strategies have been
				maximized on site, as required at
7:8-5.3
;
ii. A demonstration of how the regulated
				activity and/or project meets the groundwater recharge standards at
7:8-5.4(a)
2;
iii. A table which
				compares existing and proposed stormwater discharges for the two-year, 10-year,
				and 100-year storm in order to demonstrate compliance with the runoff quantity
				standards at
7:8-5.4(a)
3; and
iv. An explanation
				of how the regulated activity and/or project meets the water quality standards
				at
7:8-5.5
; and
9. For an application for an
				individual permit for a project located in the Central Passaic Basin that
				relies on fill credits, as described at
7:13-11.4(s)
and (t), documentation that the
				fill credits have been purchased by the applicant prior to the submittal of the
				application.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 18 - APPLICATION REQUIREMENTS › Section 7:13-18.8 - Environmental report requirement for an application for an individual permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				meeting the requirements at
				N.J.A.C.
				7:13-18.2, 18.4, and 18.7, an application for
				an individual permit shall include an environmental report. The environmental
				report shall include:
1. A narrative that
				describes the proposed design and the construction techniques that will be
				used;
2. Maps (such as freshwater
				wetlands maps and USDA soil surveys) that provide an environmental inventory of
				the site; and
3. An analysis of any
				potential temporary and/or permanent adverse environmental impact(s), whether
				onsite or offsite, of the proposed regulated activity or project on regulated
				waters, channels, riparian zones, fishery resources, and threatened or
				endangered species and their habitat. The analysis shall include:
i. A justification for the proposed regulated
				activity or project, including an explanation of why any proposed regulated
				activity or project and its location is the most appropriate for the site, and
				how the proposed location and design minimizes adverse environmental impact(s)
				to the resources identified in (a)3 above;
ii. An analysis of alternatives to the
				proposed regulated activity or project, including a no-build
				alternative;
iii. A description of
				all measures to be taken to reduce any potential adverse environmental
				impact(s) to the resources listed at (a)3 above;
iv. A plan to mitigate the effects of all
				adverse environmental impacts; and
v. Any monitoring or reporting methods that
				will be used.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 19 - REQUIREMENTS FOR AN APPLICANT TO PROVIDE PUBLIC NOTICE OF AN APPLICATION › Section 7:13-19.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant shall provide public notice
				in accordance with this subchapter for the following:
1. An application for a verification,
				pursuant to N.J.A.C. 7:13-5, which is based on Methods 4, 5, or 6, pursuant to
7:13-3.4(f)
,
3.5
, and
3.6
,
				respectively;
2. An application for
				an authorization under a general permit-by-certification pursuant to N.J.A.C.
				7:13-6 and 8;
3. An application for
				an authorization under a general permit pursuant to N.J.A.C. 7:13-6 and 9,
				except for general permit 1 for channel cleaning under the Stream Cleaning Act
				at
7:13-9.1
;
4. An application for an individual permit
				pursuant to N.J.A.C. 7:13-10, 11, and 12;
5. A mitigation proposal pursuant to N.J.A.C.
				7:13-13, which is not submitted as part of an application for an individual
				permit; and
6. An application for a
				major technical modification pursuant to
N.J.A.C.
				7:13-22.5(e)
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 19 - REQUIREMENTS FOR AN APPLICANT TO PROVIDE PUBLIC NOTICE OF AN APPLICATION › Section 7:13-19.2 - Timing of public notice of an application

Current through Register Vol. 56, No. 14, July 15, 2024
For any of the applications listed in
7:13-19.1(a)
, the applicant shall provide public notice in accordance with this
				  subchapter no more than 30 calendar days prior to submitting the application,
				  and no later than the date the application is submitted to the
				  Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 19 - REQUIREMENTS FOR AN APPLICANT TO PROVIDE PUBLIC NOTICE OF AN APPLICATION › Section 7:13-19.3 - Contents and recipients of public notice of an application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For any of the applications listed at
				N.J.A.C.
				7:13-19.1(a), the applicant
				shall provide a copy of the entire application, as submitted to the Department,
				to the municipal clerk in each municipality in which the site is located.
1. For applications submitted electronically,
				the applicant shall provide to the applicable municipal clerk(s) a description
				of the project, the specific permit(s)/authorization(s) being sought, and all
				items that will be uploaded to the online service, including all required items
				on the appropriate application checklist.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 19 - REQUIREMENTS FOR AN APPLICANT TO PROVIDE PUBLIC NOTICE OF AN APPLICATION › Section 7:13-19.4 - Content and format of newspaper notice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The newspaper notice pursuant to
				N.J.A.C.
				7:13-19.3(c)  shall be
				either a legal notice or a display advertisement in the official newspaper of
				the municipality in which the site is located, or if there is no official
				newspaper, a newspaper of general circulation in the municipality.
(b) The newspaper notice pursuant to
				N.J.A.C.
				7:13-19.3(c)  shall include
				all of the following:
1. The mailing address
				and telephone number of the Department set forth at
7:13-1.3
;
2. The name and mailing address of the
				applicant;
3. The type of approval
				being sought;
4. A description of
				the proposed delineation, regulated activity, or project;
5. The street address of the site;
6. A list of each lot, block, municipality,
				and county within which the proposed delineation, regulated activity, or
				project will occur;
7. For an
				application for an individual permit based on a hardship exception pursuant to
7:13-15.1
:
i. A description of the nature of the
				hardship; and
ii. The citation and
				subject matter of each requirement in this chapter for which the hardship
				exception is being requested; and
8. The standard language of the form notice
				letter available from the Department website as set forth at
7:13-1.3
.
i. The form notice letter explains that: an
				application will be submitted to the Department for the specific delineation,
				regulated activity, or project as identified pursuant to (b)4 through 7 above;
				a complete copy of the application is available to be reviewed at either the
				municipal clerk's office or by appointment at the Department's Trenton Office;
				and comments or information on the proposed delineation, regulated activity, or
				project and site may be submitted to the Department at the address set forth at
7:13-1.3
within 15
				calendar days of the date of the notice.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 19 - REQUIREMENTS FOR AN APPLICANT TO PROVIDE PUBLIC NOTICE OF AN APPLICATION › Section 7:13-19.5 - Documenting public notice of an application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant shall include as part of the
				application documentation that the required public notice of the application
				has been provided, as follows:
1. For public
				notice other than newspaper notice, the documentation shall consist of:
i. A copy of the certified United States
				Postal Service white mailing receipt for each public notice that was mailed, or
				other written receipt; and
ii. A
				certified list of all owners of real property, including easements, located
				within 200 feet of the property boundary of the site (including name, mailing
				address, lot, and block) prepared by the municipality for each municipality in
				which the project is located. The date of certification of the list shall be no
				earlier than one year prior to the date the application is submitted to the
				Department; and
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 20 - APPLICATION FEES › Section 7:13-20.1 - Application fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				subchapter establishes the application fees for:
1. A revision of a Department delineation,
				pursuant to
				N.J.A.C.
				7:13-3.7;
2. A verification, pursuant to N.J.A.C.
				7:13-5;
3. An authorization under a
				general permit-by-certification, pursuant to N.J.A.C. 7:13-6 and 8, except as
				provided in (b)3 below;
4. An
				authorization under a general permit pursuant to N.J.A.C. 7:13-6 and 9, except
				as provided in (b)4 below;
5. An
				individual permit pursuant to N.J.A.C. 7:13-10, 11, and 12;
6. An extension of a verification,
				authorization under a general permit, or individual permit, pursuant to
				N.J.A.C.
				7:13-22.3; and
7. A modification of a verification,
				authorization under a general permit, or individual permit, pursuant to
				N.J.A.C.
				7:13-22.5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 20 - APPLICATION FEES › Section 7:13-20.2 - Annual adjustment of fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				When, based on budget considerations, the Department determines to adjust the
				application fees established in this subchapter for the upcoming State fiscal
				year (which runs from July 1 to June 30), the Department shall:
1. Prepare an Application Fee Adjustment
				Report, in accordance with (b) below; and
2. Publish a notice of administrative change
				in the New Jersey Register that:
i. States
				that the Application Fee Adjustment Report is available on the Department's
				website at
http://www.nj.gov/dep/landuse
;
				and
ii. Sets forth the adjusted
				application fees determined as provided at (b) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 21 - APPLICATION REVIEW › Section 7:13-21.1 - General application review provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter sets forth the review
				procedures for applications for a verification, applications for authorization
				under a general permit, and applications for an individual permit.
(b) The review procedures for the following
				are set forth elsewhere in this chapter:
1.
				For a request for an applicability determination, see
				N.J.A.C.
				7:13-2.5;
2. For an application for a revision of a
				Department delineation, see
				N.J.A.C.
				7:13-3.7;
3. For a mitigation proposal, see N.J.A.C.
				7:13-13;
4. For a request for an
				emergency authorization, see N.J.A.C. 7:13-16; and
5. For a request to extend, transfer, or
				modify an approval, see
				N.J.A.C.
				7:13-22.3, 22.4, or 22.5,
				respectively.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 21 - APPLICATION REVIEW › Section 7:13-21.2 - Completeness review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 20
				working days after receiving an application for a verification, an application
				for authorization under a general permit, or an application for an individual
				permit, where day one of the 20-working-day period is the date the application
				is received, the Department shall take one of the following actions:
1. Determine the application is both
				administratively and technically complete and issue notification to the
				applicant in writing that the application is complete for review, effective as
				of the date the Department received the application;
2. Determine the application is
				administratively complete but technically incomplete and issue notification to
				the applicant in writing that the application is technically incomplete. This
				notification shall specify the additional information required and the deadline
				by which the information must be submitted; or
3. Determine the application is
				administratively incomplete and issue notification to the applicant in writing
				that the application is administratively incomplete. This notification shall
				specify the additional information required and the deadline by which the
				information must be submitted.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 21 - APPLICATION REVIEW › Section 7:13-21.3 - 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 verification, application for an
				authorization under a general permit, or application for an individual permit
				is declared complete for review in accordance with
				N.J.A.C.
				7:13-21.2, the Department shall:
1. Determine that the application meets the
				requirements of this chapter and issue a verification, authorization, or
				individual permit approving the application in writing. The verification,
				authorization, or individual permit shall include any conditions necessary to
				ensure compliance with this chapter; or
2. Determine that the application does not
				meet the requirements of this chapter and deny the application in writing. The
				decision denying the application shall include the reasons for the
				denial.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 21 - APPLICATION REVIEW › Section 7:13-21.4 - Department review and decision on an application for an authorization under general permit 1 for channel cleaning under the Stream Cleaning Act

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 15
				calendar days after receiving an administratively and technically complete
				application for authorization under a general permit 1 for activities that do
				not include the removal of sediment, or within 60 calendar days after receiving
				an administratively and technically complete application for activities that
				include the removal of sediment, where day one of the 15- or 60-calendar-day
				period is the date the application is received, the Department shall take one
				of the following actions:
1. Determine that
				the application meets the requirements of this chapter and issue an
				authorization approving the application in writing. The authorization shall
				include any conditions necessary to ensure compliance with this chapter;
				or
2. Determine that the
				application does not meet the requirements of this chapter and deny the
				application in writing. The decision denying the application shall include the
				reasons for the denial.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 21 - APPLICATION REVIEW › Section 7:13-21.5 - 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. 7:13-20, 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. 7:13-19.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 21 - APPLICATION REVIEW › Section 7:13-21.6 - 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 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 21 - APPLICATION REVIEW › Section 7:13-21.7 - Re-submittal of an application after denial, cancellation, or withdrawal

Current through Register Vol. 56, No. 14, July 15, 2024
If an application for a verification, 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. 7:13-18. The Department shall treat a re-submitted application as a
				  new application and shall review it in accordance with N.J.A.C.
				  7:13-21.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 21 - APPLICATION REVIEW › Section 7:13-21.8 - Fee refund or credit when an application is withdrawn or cancelled

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided at (b) below, the Department shall, upon written request of an
				applicant, fully refund the submitted application fee in the following
				circumstances:
1. The application is
				withdrawn within 60 calendar days of its submittal to the Department and is not
				administratively complete;
2. The
				application is withdrawn within 60 calendar days of its submittal to the
				Department and is not technically complete; or
3. The application is withdrawn within 20
				working days of its submittal to the Department, whether or not the application
				is administratively or technically complete.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 22 - PERMIT CONDITIONS; EXTENSION, MODIFICATION, TRANSFER, SUSPENSION, AND TERMINATION OF VERIFICATIONS, AUTHORIZATIONS, AND PERMITS › Section 7:13-22.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				subchapter sets forth the conditions that apply to all permits.
(b) This subchapter sets forth the procedures
				for:
1. Extending the term of a verification,
				the duration of which is governed by
				N.J.A.C.
				7:13-5.2(a); an
				authorization under a general permit, the duration of which is governed by
				N.J.A.C.
				7:13-6.6; or an individual permit, the
				duration of which is governed by
7:13-10.2(a)
;
2. Transferring a
				verification, an authorization under a general permit, or an individual permit
				to a new owner of the site where the delineation, regulated activity, or
				project authorized under the authorization or permit is taking place;
3. Modifying a verification, an authorization
				under a general permit, or an individual permit;
4. Suspending a verification, an
				authorization under a general permit, or an individual permit; and
5. Terminating a verification, an
				authorization under a general permit, an individual permit, or emergency
				authorization.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 22 - PERMIT CONDITIONS; EXTENSION, MODIFICATION, TRANSFER, SUSPENSION, AND TERMINATION OF VERIFICATIONS, AUTHORIZATIONS, AND PERMITS › Section 7:13-22.3 - Extension of a verification, an authorization under a general permit, and an individual permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person may
				request one five-year extension of a verification, the duration of which is
				governed by
				N.J.A.C.
				7:13-5.2(a); an
				authorization under a general permit, the duration of which is governed by
				N.J.A.C.
				7:13-6.6; and an individual permit, the
				duration of which is governed by
7:13-10.2(a)
.
(b) The Department shall
				issue an extension only if:
1. A person
				submits a request for extension that meets the requirements of (c) below and
				that is received by the Department prior to the expiration of the verification,
				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 person requesting the extension
				demonstrates that there has been no significant change in the overall condition
				of the site, including regulated waters, flood hazard areas, and riparian
				zones;
3. The person requesting the
				extension 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
				N.J.A.C.
				7:13-22.5; and
4. For an individual permit, the person
				requesting the extension demonstrates that the rules in this chapter governing
				the regulated activities authorized under the permit for which an extension is
				sought have not been amended such that the activities do not meet the rules as
				amended.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 22 - PERMIT CONDITIONS; EXTENSION, MODIFICATION, TRANSFER, SUSPENSION, AND TERMINATION OF VERIFICATIONS, AUTHORIZATIONS, AND PERMITS › Section 7:13-22.4 - Transfer of an emergency authorization, verification, authorization under a general permit, or an individual permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the site for which the Department has
				issued a verification, or 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 verification,
				authorization, or individual permit, including all conditions, shall be
				automatically transferred to the new owner, provided the verification,
				authorization, or individual permit is valid on the date that the site is
				transferred to the new owner.
(b)
				The verification, 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 verification, 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 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 22 - PERMIT CONDITIONS; EXTENSION, MODIFICATION, TRANSFER, SUSPENSION, AND TERMINATION OF VERIFICATIONS, AUTHORIZATIONS, AND PERMITS › Section 7:13-22.5 - Modification of a verification, an authorization under a general permit, or an individual permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				verification that is valid as described in the provisions regarding duration of
				verifications at
				N.J.A.C.
				7:13-5.3, an authorization under a general
				permit that is valid as described in the provisions regarding duration of
				authorizations under general permits at
				N.J.A.C.
				7:13-6.6, or an individual permit that is
				valid as described in the provisions regarding duration of individual permits
				at
7:13-10.2
, 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 a
				verification, an authorization under a general permit, or an individual permit
				shall not be extended by a modification.
(c) An administrative modification of a
				verification, 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
				verification, authorization under a general permit, or individual permit was
				based but which does not alter the design or layout of the project or affect
				the flood hazard area design flood elevation, floodway limits, or riparian zone
				width. An administrative modification may include:
1. Correcting a drafting or typographical
				error on a site plan or report;
2.
				Improving topographical or other data in order to make the verification,
				authorization under a general permit, or individual permit more accurately
				reflect the site, the extent of regulated areas, and/or the permitted
				activities; or
3. Adding notes,
				labels, or other clarifying information to the approved site plan, if required
				to do so by the Department or another government entity.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 22 - PERMIT CONDITIONS; EXTENSION, MODIFICATION, TRANSFER, SUSPENSION, AND TERMINATION OF VERIFICATIONS, AUTHORIZATIONS, AND PERMITS › Section 7:13-22.6 - 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 a
				verification, an authorization under a general permit, or an individual permit.
				The general application requirements at
				N.J.A.C.
				7:13-18.2 apply to applications for
				modifications in addition to the application requirements in this
				section.
(b) To apply for an
				administrative modification to a verification, an authorization under a general
				permit, or an individual permit under
				N.J.A.C.
				7:13-22.5(c), the person
				requesting the modification shall submit:
1.
				A description of the proposed change to the site plan or other document on
				which the original verification, authorization, or individual permit was
				based;
2. The site plans approved
				as part of the verification, authorization, or individual permit with revisions
				illustrating the proposed change;
3. A copy of the verification, 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 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 22 - PERMIT CONDITIONS; EXTENSION, MODIFICATION, TRANSFER, SUSPENSION, AND TERMINATION OF VERIFICATIONS, AUTHORIZATIONS, AND PERMITS › Section 7:13-22.7 - Suspension of a verification, 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 a
				verification, 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 verification, authorization
				under a general permit, individual permit, or emergency authorization was based
				on false or inaccurate information;
2. The permittee or person to whom the
				verification was issued has not complied with a condition of the verification,
				authorization under a general permit, individual permit, or emergency
				authorization;
3. The permittee has
				undertaken activities onsite that violate this chapter;
4. The permittee or person to whom the
				verification was issued has misrepresented or failed to fully disclose all
				relevant facts pertaining to the verification, authorization under a general
				permit, individual permit, or emergency authorization;
5. The permittee has failed to fully and
				correctly identify impacts of the regulated activity or project 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 or person to whom the verification was issued has made a change in
				the delineation and/or project that, under
				N.J.A.C.
				7:13-22.5, would require a modification to
				the verification, authorization under a general permit, or individual permit
				but the person to whom the verification was issued or permittee did not first
				obtain the required modification; or
8. The Department determines that suspension
				of the verification, authorization under a general permit, individual permit,
				or emergency authorization is necessary for emergency reasons or to protect
				public health, safety, and welfare of the environment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 22 - PERMIT CONDITIONS; EXTENSION, MODIFICATION, TRANSFER, SUSPENSION, AND TERMINATION OF VERIFICATIONS, AUTHORIZATIONS, AND PERMITS › Section 7:13-22.8 - Termination of a verification, 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 a verification, an authorization under a general permit, an individual
				permit, or an emergency authorization that has been suspended pursuant to
				N.J.A.C.
				7:13-22.7. 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
				N.J.A.C.
				7:13-22.7(c)3;
2. The permittee or person to whom the
				verification was issued has not complied with the requirement at
				N.J.A.C.
				7:13-22.7(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 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 23 - REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:13-23.1 - Procedure to request an adjudicatory hearing; decision on the request

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				sets forth the process by which a person may request an adjudicatory hearing to
				contest a Department decision to approve or deny an application under this
				chapter. A person seeking to contest an administrative order and/or a civil
				administrative penalty assessment shall do so in accordance with the
				adjudicatory hearing request provisions applicable to Department enforcement
				actions under this chapter at
				N.J.A.C.
				7:13-24.
(b) To contest a Department decision on an
				application under this chapter, a person shall submit an adjudicatory hearing
				request within 30 calendar days after public notice of the decision is
				published in the DEP Bulletin. If a person submits the adjudicatory hearing
				request after this time, the Department shall deny the request.
(c) A person requesting an adjudicatory
				hearing shall provide the following information on an adjudicatory hearing
				request form, available from the Department at the address set forth at
7:13-1.3
:
1. The name, address, daytime telephone
				number, fax number, and e-mail address of the person requesting the hearing,
				and of the person's authorized representative;
2. A copy of the Department decision on which
				a hearing is being requested;
3.
				The date that the Department decision on which a hearing is being requested was
				received by the person requesting the hearing;
4. A specific admission, denial, or
				explanation of each fact appearing in the Department decision, or a statement
				that the person is without knowledge thereof;
5. A concise statement of the facts or
				principles of law asserted to constitute any factual or legal defense;
				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 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 23 - REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:13-23.2 - 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 my
				  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 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 23 - REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:13-23.3 - 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 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 23 - REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:13-23.4 - Notice of settlement agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department and the person
				requesting an adjudicatory hearing agree to a settlement that may result in the
				issuance of a flood hazard area 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
7:13-1.3
, 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 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 24 - ENFORCEMENT › Section 7:13-24.1 - 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
58:16A-50
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
				N.J.A.C.
				7:13-24.11, pursue the remedies specified in
				(a)1 through 5 below. Pursuit of any of the remedies specified under this
				section shall not preclude the Department from seeking any other remedy
				specified.
1. Issue an order requiring the
				person found to be in violation to comply in accordance with
				N.J.A.C.
				7:13-24.2;
2. Levy a civil administrative penalty in
				accordance with
				N.J.A.C.
				7:13-24.5 or 24.6;
3. Bring an action for a civil penalty in
				accordance with
				N.J.A.C.
				7:13-24.7;
4. Bring a civil action for injunctive and
				other relief in accordance with
				N.J.A.C.
				7:13-24.8; and/or
5. Petition the Attorney General to bring a
				criminal action in accordance with
				N.J.A.C.
				7:13-24.9.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 24 - ENFORCEMENT › Section 7:13-24.2 - 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
58:16A-50
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
				  N.J.A.C.
				  7:13-24.4. 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 calendar days of receipt of the order, then
				  the order shall become final on the 36th calendar day following receipt. A
				  request for hearing shall not automatically stay the effect of the
				  order.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 24 - ENFORCEMENT › Section 7:13-24.3 - 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
58:16A-50
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
				N.J.A.C.
				7:13-24.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 24 - ENFORCEMENT › Section 7:13-24.5 - 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
7:13-2.1
.
(b) Each violation of
7:13-2.1
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 Table 24.5A in (f) below by determining the
				number of points pursuant to (e) below. The civil administrative penalty shall
				be the amount within Table 24.5A 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 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 24 - ENFORCEMENT › Section 7:13-24.7 - Civil penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				person who violates the provisions of
58:16A-50
et seq., any
				regulation, rule, permit, order, or court order issued pursuant to thereto, or
				who fails to pay a civil administrative penalty in full pursuant to
				N.J.A.C.
				7:13-24.3, 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 calendar day during which a violation continues shall constitute an
				additional, separate, and distinct offense. In addition to any penalties, the
				court may assess against the violator the amount of economic benefit accruing
				to the violator from the violation.
(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
58:16A-50
et
				seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 24 - ENFORCEMENT › Section 7:13-24.8 - 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
58:16A-50
et seq., or any
				regulation, rule, permit, or order adopted or issued by the Department pursuant
				to this act, 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 that
				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, 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.