reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 22 - ENFORCEMENT › Section 7:7A-22.7 - 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 assesses a civil administrative penalty for the failure to
				obtain a permit prior to conducting regulated activities, the Department shall
				use the procedures in this section to determine the amount of the penalty if
				the violation pertains to freshwater wetlands and/or freshwater wetland
				transition areas, except if the violation type is listed at N.J.A.C. 7:7A-22.8,
				22.9, 22.10, or 22.11, in which case the penalty amount shall be determined
				under whichever of those sections applies. For the purposes of this section,
				permit shall mean an authorization under a general permit-by-certification, an
				authorization under a general permit, an individual permit, a transition area
				waiver, an exemption letter, an emergency authorization, a letter of
				authorization, a memorandum of agreement, or other written authorization, or
				other approval issued pursuant to
N.J.S.A.
				13:9B-1
et seq., and/or
58:10A-1
et seq.
(b) Each violation of
N.J.A.C.
				7:7A-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) If a violation of this chapter pertains
				to State open waters, the Department shall not determine the amount of the
				civil administrative penalty under this subchapter, but shall determine the
				penalty under the Department's rules implementing the enforcement provisions of
				the Water Pollution Control Act at N.J.A.C. 7:14-8.
(e) To assess a civil administrative penalty
				pursuant to this section, the Department shall identify the civil
				administrative base penalty within Table 22.7A in (g) below by determining the
				number of points pursuant to (f) below. The civil administrative penalty shall
				be the amount within Table 22.7A in (g) below, unless adjusted pursuant to (h)
				and/or (i) below.
(f) The
				Department shall use the two factors described at (f)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 conduct shall include an
				intentional, deliberate, purposeful, knowing or willful act or omission by the
				violator and is assigned five points;
ii. Moderate conduct shall include any
				unintentional but foreseeable act or omission by the violator and is assigned
				two points; and
iii. Minor conduct
				shall include any conduct not identified in (f)1i or ii above and is assigned
				one point.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 22 - ENFORCEMENT › Section 7:7A-22.9 - Civil administrative penalty amount for submitting inaccurate or false information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the
				Department assesses a civil administrative penalty for submittal of inaccurate
				information or submittal of a false statement, representation, or certification
				in an application, record, or other document required to be submitted or
				maintained under the Freshwater Wetlands Protection Act or under a permit,
				transition area waiver, order, exemption letter, mitigation proposal, or rule
				promulgated or approved pursuant thereto, the Department shall use the
				procedures in this section to determine the amount of the civil administrative
				penalty. This section applies with regard to information including, but not
				limited to, the presence of a historic resource and/or the presence of
				regulated areas such as freshwater wetlands and freshwater wetlands transition
				areas on a site.
(b) If a violation
				described in this section pertains to State open waters, the Department shall
				not determine the amount of the civil administrative penalty under this
				section, but shall determine the penalty under the Department's rules
				implementing the enforcement provisions of the Water Pollution Control Act at
				N.J.A.C. 7:14-8.
(c) Each day, from
				the day that a violator submits inaccurate or false information to the
				Department, to the day the Department receives a written correction from the
				violator, shall be an additional, separate, and distinct violation.
(d) The daily civil administrative penalty
				for each intentional, deliberate, purposeful, knowing, or willful act or
				omission under this section shall be assessed at the midpoint between $ 10,000
				and $ 8,000 unless adjusted under (f) below.
(e) The daily civil administrative penalty
				for each violation under this section that is not listed in (d) above shall be
				assessed at the midpoint between $ 1,000 and $ 0 unless adjusted under (f)
				below.
(f) For a violation under
				this section, the Department may adjust the civil administrative penalty amount
				from the midpoint within the range listed in (d) or (e) above, based on the
				following factors:
1. The violator's
				compliance history;
2. The nature,
				timing and effectiveness of measures the violator takes to mitigate the effects
				of the violation;
3. The nature,
				timing and effectiveness of measures the violator takes to prevent future
				similar violations;
4. Any unusual
				or extraordinary costs or impacts directly or indirectly imposed on the public
				or the environment as a result of the violation; and/or
5. Other specific circumstances of the
				violator or violation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 22 - ENFORCEMENT › Section 7:7A-22.10 - Civil administrative penalty amount for failure to allow entry and inspection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall have the authority to enter any property, facility, premises or site for
				the purpose of conducting inspections, sampling of soil or water, copying or
				photocopying documents or records, and for otherwise determining compliance
				with any applicable law and/or condition.
(b) When the Department assesses a civil
				administrative penalty under the FWPA against a person who refuses, inhibits or
				prohibits immediate lawful entry and inspection of any premises, building or
				place by any authorized Department representative, the Department shall use the
				procedures in this section to determine the amount of the civil administrative
				penalty. The amount of a civil administrative penalty for refusal of entry and
				inspection under the WPCA shall be determined under 7:14-8.7.
(c) Each day that a person refuses, inhibits
				or prohibits immediate lawful entry and inspection shall be an additional,
				separate, and distinct violation.
(d) The daily civil administrative penalty
				for a violation under this section shall be assessed at the midpoint of the
				following ranges, except as adjusted under (e) below:
1. For refusing, inhibiting or prohibiting
				immediate lawful entry and inspection of any premises, building or place for
				which the Department has issued an administrative order, freshwater wetlands
				permit, transition area waiver, approved mitigation proposal or general permit
				authorization, the civil administrative penalty shall be no more than $ 10,000
				nor less than $ 7,000; and
2. For
				any other refusal, inhibition or prohibition of immediate lawful entry and
				inspection, the civil administrative penalty shall be no more than $ 7,000 nor
				less than $ 1,500.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 22 - ENFORCEMENT › Section 7:7A-22.11 - Civil administrative penalty for failure to pay a civil administrative penalty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department may assess a civil administrative penalty under this section against
				each violator who fails to pay a civil administrative penalty when due under
				this chapter.
(b) The daily civil
				administrative penalty amount assessed under this section shall be equal to the
				unpaid civil administrative penalty, but shall not exceed the maximum allowed
				at N.J.A.C. 7:7A-22.4(a) and (b).
(c) Each day that a civil administrative
				penalty assessed under this subchapter is not paid after it is due shall
				constitute an additional, separate and distinct violation.
(d) A violation under this section is
				non-minor and, therefore, not subject to a grace period.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 22 - ENFORCEMENT › Section 7:7A-22.12 - Economic benefit factor

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Notwithstanding the maximum civil administrative penalty of $ 25,000 pursuant
				to N.J.A.C. 7:7A-22.4(a), the Department may add to a civil administrative
				penalty assessed under this subchapter the amount of economic benefit in
				dollars that the violator has realized as the result of not complying, or by
				delaying compliance with, an applicable law and/or condition.
(b) If the total economic benefit was derived
				from more than one violation, the Department may apportion the total economic
				benefit amount among the violations from which it was derived.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 22 - ENFORCEMENT › Section 7:7A-22.13 - Civil penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				person who violates
N.J.S.A.
				13:9B-1
et. seq., or 58:10A-1 et.
				seq., or any regulation, rule, permit, order, or court order pursuant thereto,
				or who fails to pay a civil administrative penalty in full pursuant to N.J.A.C.
				7:7A-22.4, 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,
N.J.S.A. 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 the Freshwater Wetlands
				Protection Act and the Water Pollution Control Act.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 22 - ENFORCEMENT › Section 7:7A-22.14 - 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
N.J.S.A. 13:9B-1
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, or historic or archaeological
				resources and for any other actual damages caused by any violation for which a
				civil action has been commenced and brought under this subsection; and
				/or
5. An order requiring the
				violator to restore the site of the violation to the maximum extent practicable
				and feasible or, in the event that restoration of the site of the violation is
				not practicable or feasible, provide for an off-site restoration alternative as
				approved by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 22 - ENFORCEMENT › Section 7:7A-22.15 - Criminal actions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department, upon petition to the Attorney General, may bring a criminal action
				in court for certain violations of
N.J.S.A.
				13:9B-1
et seq. or any regulation,
				rule, permit, or order adopted or issued by the Department pursuant
				thereto.
(b) If a violation
				described in this section pertains to State open waters, the criminal penalty
				shall not be governed by this section, but shall be governed by the Water
				Pollution Control Act at
				58:10A-10(f).
(c) A person who knowingly, purposely, or
				recklessly violates
N.J.S.A. 13:9B-1
et seq. or any regulation, rule, permit, or order adopted or issued
				by the Department pursuant thereto, shall be guilty, upon conviction, of a
				crime of the third degree and shall be subject to a fine of no less than $
				5,000 and not more than $ 50,000 per day of violation, or imprisonment, or
				both.
(d) A person shall be guilty,
				upon conviction, of a crime of the third degree and shall be subject to a fine
				of not more than $ 50,000 per day of violation, or imprisonment, or both, if
				the person:
1. Knowingly, purposely, or
				recklessly makes a false statement, representation, or certification in any
				application, record or other document filed or required to be maintained under
N.J.S.A. 13:9B-1
et seq.,
				or any regulation, rule, permit, or order adopted or issued by the Department
				pursuant thereto; or
2. Falsifies,
				tampers with, or purposely, recklessly or knowingly renders inaccurate, any
				monitoring device or method required to be maintained under
N.J.S.A. 13:9B-1
et seq.
				or any regulation, rule, permit, or order adopted or issued by the Department
				pursuant thereto.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 22 - ENFORCEMENT › Section 7:7A-22.16 - Forfeiture of conveyances

Current through Register Vol. 56, No. 14, July 15, 2024
All conveyances used or intended for use in the purposeful
				  or knowing discharge into State open waters of any pollutant or toxic
				  pollutant, in violation of the Water Pollution Control Act, are subject to
				  forfeiture to the State under 58:10A-10(g) and 13:1K-1 et seq. A hearing shall
				  be held prior to any forfeiture under this section. For the purposes of this
				  section, the term "conveyance" means an aircraft, vessel, vehicle, or other
				  equipment or container.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 22 - ENFORCEMENT › Section 7:7A-22.17 - Recording a notice concerning violation with the deed for the property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On order of the
				Commissioner, the clerk or registrar of deeds and mortgages of the county where
				the property on which the violation occurred is located shall record a notice
				concerning the violation of
N.J.S.A.
				13:9B-1
et seq., with the deed for
				the property. Any fees or other charges that are incurred by the Department for
				the recording of the notice concerning the violation shall be paid by the owner
				of the affected property or the violator.
(b) The notice concerning the violation shall
				remain attached to the property deed until the violation has been remedied and
				the Commissioner has ordered the clerk to remove the notice concerning the
				violation. The Commissioner shall immediately order the notice removed once the
				violation is remedied, or upon other conditions set forth by the
				Commissioner.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 22 - ENFORCEMENT › Section 7:7A-22.18 - "After the fact" permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department may issue an "after the fact" permit for a regulated or prohibited
				activity that has already occurred and that does not meet the standards for
				approval in this chapter only if all of the following are true:
1. The Department has determined that the
				restoration of the site to its pre-violation condition would increase the harm
				to a freshwater wetland, transition area, and/or State open water, or its
				ecology;
2. The Department has
				assessed and collected the costs or damages enumerated in N.J.A.C. 7:7A-22.14
				from the violator;
3. The
				Department has required the violator to create or restore freshwater wetlands
				or State open waters at another location;
4. An opportunity has been afforded for
				public hearing and comment; and
5.
				The reasons for the issuance of the "after the fact" permit are published in
				the DEP Bulletin and in a newspaper of general circulation in the geographic
				area of the violation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 22 - ENFORCEMENT › Section 7:7A-22.19 - Public participation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To
				provide for public participation in the Department's enforcement process, the
				Department shall:
1. Investigate and provide
				responses to all citizen complaints submitted under Department
				procedures;
2. Not oppose
				intervention by any citizen when permissive intervention may be authorized by
				statute, rule, or regulation; and
3. Publish notice of any proposed settlement
				of a Department enforcement action in the DEP Bulletin and provide at least 30
				calendar days for public comment on the settlement.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 22 - ENFORCEMENT › Section 7:7A-22.20 - Grace period applicability; procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each violation identified in Table 22.20
				at (f) below by an "M" in the Type of Violation column for which the conditions
				of (d)1 through 6 below are satisfied, and each violation determined under (c)
				below as minor for which the conditions of (d)1 through 9 below are satisfied,
				is a minor violation and is subject to a 30-calendar-day grace period as
				described at (e) below.
(b) Each
				violation identified in Table 22.20 at (f) below by an "NM" in the Type of
				Violation column is a non-minor violation and is not subject to a grace
				period.
(c) If a violation is not
				listed in Table 22.20 at (f) below, the designation of the violation as minor
				or non-minor is determined as follows:
1. If
				the violation is not listed in Table 22.20 at (f) below but is comparable to a
				violation designated as "M" in Table 22.20 and the violation meets all of the
				criteria of (d)1 through 6 below, then the violation is minor. The minor
				violation shall be subject to a grace period of 30 calendar days as described
				at (e) below.
2. If the violation
				is not listed in Table 22.20 at (f) below and is not comparable to a violation
				listed in Table 22.20 but the violation meets all of the criteria of (d)1
				through 9 below, then the violation is minor. The minor violation shall be
				subject to a grace period of 30 calendar days as described at (e)
				below.
3. If the violation is not
				listed in Table 22.20 at (f) below but is comparable to a violation designated
				as "NM" in Table 22.20, then the violation is a non-minor violation and is not
				subject to a grace period.
4. If
				the violation is not listed in Table 22.20 at (f) below and is not comparable
				to a violation listed in Table 22.20, and the violation does not meet all of
				the criteria at (d)1 through 9 below, the violation is non-minor and is not
				subject to the grace period.
5.
				Comparability of a violation to a violation in Table 22.20 at (f) below is
				based on the nature of the violation (for example, recordkeeping, accuracy of
				information provided to the Department, amount and type of impacts to the
				protected resources). A violation shall not be considered comparable to any
				violation designated as "M" in Table 22.20 unless the violation also meets the
				criteria at (d)7 through 9 below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Appendix 1

Current through Register Vol. 56, No. 14, July 15, 2024
OBLIGATE AND FACULTATIVE FAUNA SPECIES FOUND IN VERNAL
				HABITATS
Obligate Species
Facultative Species
Marbled Salamander (Ambystoma opacum)
Common Snapping Turtle (Chelydra serpentina serpentine)
Blue-spotted Salamander* (Ambystoma laterale)
Eastern Mud Turtle (Kinosternon subrubrum subrubrum)
Jefferson Salamander (Ambystoma jeffersonianum)
Spotted Turtle (Clemmys guttata)
Eastern Tiger Salamander* (Ambystoma tigrinum tigrinum)
Eastern Painted Turtle (Chrysemys picta picta)
Wood Frog (Lithobates sylvaticus)
Red-spotted Newt (Notophthalmus viridescens viridescens)
Spotted Salamander (Ambystoma maculatum) Eastern Spadefoot
						Toad (Scaphiopus holbrookii)
American Toad (Anaxyrus americanus) Fowler's Toad
						(Anaxyrus fowleri)
Fairy shrimp (order Anostraca)
Pine Barrens Treefrog* (Hyla andersonii)
Northern Gray Treefrog (Hyla versicolor)
Cope's (Southern Gray) Treefrog* (Hyla chrysoscelis)
Northern Cricket Frog (Acris crepitans)
New Jersey Chorus Frog (Pseudacris kalmi)
American Bull Frog (Lithobates catesbieanus)
Northern Green Frog (Lithobates clamitans)
Southern Leopard Frog (Lithobates sphenocephalus)
Four-toed Salamander (Hemidactylium scutatum)
Northern Spring Peeper (Pseudacris crucifer)
Long-tailed Salamander** (Eurycea longicauda longicauda)
Wood Turtle** (Glyptemys insculpta)
Carpenter Frog (Lithobates virgatipes)
Pickerel Frog (Lithobates palustris)
Atlantic Coast Leopard Frog (Rana kauffeldi)
Green Treefrog (Hyla cinerea)
Eastern Box Turtle (Terrapene carolina carolina)
Eastern Musk Turtle (Sternotherus odoratus)
* Listed as a New Jersey State endangered species
** Listed as a New Jersey State threatened species
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7C - RESERVED

Current through Register Vol. 56, No. 14, July 15, 2024
AUTHORITY:
This Chapter originally contained procedural rules for hearings
				held pursuant to the Coastal Area Facilities Review Act which were adopted
				pursuant to authority delegated at N.J.S.A. 13:19 et seq. and were filed and
				became effective February 1, 1974, as R.1974 d.26. See: 6 New Jersey Register
				101(b) Additional amendments were filed and became effective February 8, 1974,
				as R.1974 d.32. See: 6 New Jersey Register 101(c). The repeal of the entire
				text of this Chapter was filed and became effective June 24, 1974, as R.1974
				d.162. See: 6 New Jersey Register
				263(c).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 7:8-1.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				establishes general requirements for stormwater management plans and stormwater
				control ordinances, as well as content requirements and procedures for the
				adoption and implementation of regional stormwater management plans and
				municipal stormwater management plans under the Municipal Land Use Law,
				40:55D-1 et seq.; the Water
				Quality Planning Act,
				58:11A-1 et seq.: the Water
				Pollution Control Act,
				58:10A-1 et seq.; and the Flood
				Hazard Area Control Act,
				58:16A-50 et seq.; and
				implementing rules.
(b) This
				chapter establishes design and performance standards for stormwater management
				measures required by rules pursuant to the Flood Hazard Area Control Act,
				58:16A-50 et seq.; the Coastal
				Area Facility Review Act,
				13:19-1 et seq.; the Wetlands Act
				of 1970, 13:9A-1 et seq.; the Waterfront
				Development Law,
				12:5-3; the Freshwater Wetlands
				Protection Act,
				13:9B-1 et seq.; and the Dam
				Safety Act,
				58:4-1 et seq.
(c) This chapter establishes safety standards
				for stormwater management basins pursuant to
				40:55D-95.1.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 7:8-1.3 - Program information

Current through Register Vol. 56, No. 14, July 15, 2024
Questions or submissions regarding this chapter should be
				  directed to the Division of Water Quality, New Jersey Department of
				  Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey
				  08625-0420.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 7:8-1.4 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If the provisions of any section, subsection, paragraph, or
				  clause of this chapter shall be judged invalid by a court of competent
				  jurisdiction, such order or judgment shall not affect or invalidate the
				  remainder of any section, subsection, paragraph, or clause of this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 7:8-1.5 - Relationship to other regulatory programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Nothing in this
				chapter shall be construed as preventing the Department or other agencies or
				entities from imposing additional or more stringent stormwater management
				requirements necessary to implement the purposes of any enabling legislation
				including those measures necessary to achieve the Surface Water Quality
				Standards at N.J.A.C. 7:9B.
(b) If
				a stormwater management measure is used as a soil erosion or sediment control
				measure, the Soil Erosion and Sediment Control Act,
				4:24-39 et seq., shall also
				apply.
(c) These stormwater
				requirements are the Department's standards referenced by the stormwater
				management provisions of the Residential Site Improvement Standards at N.J.A.C.
				5:21-7.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 7:8-1.6 - Applicability to major development

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided in (b) below, all major development shall comply with the requirements
				of this chapter.
(b) Major
				development shall be subject to the stormwater management requirements in
				effect prior to July 17, 2023, as follows:
1.
				Major development that does not require any of the Department permits listed at
				(c) below and for which a complete application has been submitted prior to July
				17, 2023 shall be subject to the stormwater management requirements in effect
				pursuant to (b)2 or 3 below, provided that the application includes both the
				application form and all accompanying documents required by ordinance for one
				of the following approvals pursuant to the Municipal Land Use Law (N.J.S.A.
				40:55D-1 et seq.):
i. Preliminary or final
				site plan approval;
ii. Final
				municipal building or construction permit;
iii. Minor subdivision approval where no
				subsequent site plan approval is required;
iv. Final subdivision approval where no
				subsequent site plan approval is required; or
v. Preliminary subdivision approval where no
				subsequent site plan approval is required;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 2 - GENERAL REQUIREMENTS FOR STORMWATER MANAGEMENT PLANNING › Section 7:8-2.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter provides general principles applicable to
				  all stormwater management plans and stormwater control ordinances, including
				  the goals of stormwater management planning, the process for identification of
				  stormwater management planning agencies, and stormwater management plan
				  requirements.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 2 - GENERAL REQUIREMENTS FOR STORMWATER MANAGEMENT PLANNING › Section 7:8-2.2 - Goals of stormwater management planning

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All stormwater
				management plans and stormwater control ordinances shall be designed to:
1. Reduce flood damage, including damage to
				life and property;
2. Minimize, to
				the extent practical, any increase in stormwater runoff from any new
				development;
3. Reduce soil erosion
				from any development or construction project;
4. Assure the adequacy of existing and
				proposed culverts and bridges, and other in-stream structures;
5. Maintain groundwater recharge;
6. Prevent, to the greatest extent feasible,
				an increase in nonpoint pollution;
7. Maintain the integrity of stream channels
				for their biological functions, as well as for drainage;
8. Minimize pollutants in stormwater runoff
				from new and existing development in order to restore, enhance and maintain the
				chemical, physical, and biological integrity of the waters of the State, to
				protect public health, to safeguard fish and aquatic life and scenic and
				ecological values, and to enhance the domestic, municipal, recreational,
				industrial and other uses of water; and
9. Protect public safety through the proper
				design and operation of stormwater management basins.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 2 - GENERAL REQUIREMENTS FOR STORMWATER MANAGEMENT PLANNING › Section 7:8-2.3 - Stormwater management planning agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				entities may be stormwater management planning agencies provided they are
				authorized under their enabling legislation to prepare stormwater management
				plans:
1. A municipality;
2. A county;
3. A county water resources agency or
				association;
4. A designated
				planning agency under N.J.A.C. 7:15;
5. A Soil Conservation District, in
				coordination with the State Soil Conservation Committee;
6. The Delaware River Basin
				Commission;
7. The Pinelands
				Commission;
8. The Delaware and
				Raritan Canal Commission;
9. The
				New Jersey Meadowlands Commission;
10. The Department; or
11. Other regional, State or interstate
				agencies.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 2 - GENERAL REQUIREMENTS FOR STORMWATER MANAGEMENT PLANNING › Section 7:8-2.4 - Stormwater management plan requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A stormwater
				management plan shall include structural and nonstructural stormwater
				management strategies necessary to meet the stormwater management goals of this
				chapter.
(b) A regional stormwater
				management plan shall comply with the requirements of this subchapter and
				N.J.A.C. 7:8-3.
(c) A municipal
				stormwater management plan shall comply with the requirements of this
				subchapter and N.J.A.C. 7:8-4.
(d)
				A stormwater management plan shall incorporate the safety standards for
				stormwater management basins at N.J.A.C. 7:8-6.
(e) In developing a stormwater management
				plan and identifying appropriate stormwater management measures thereunder,
				each stormwater management planning agency shall consider the physical
				characteristics and ecological resources of the stormwater management planning
				area.
(f) A stormwater management
				plan and any stormwater management ordinance shall be coordinated with any
				other stormwater management plans related to the same river basin or drainage
				area.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 2 - GENERAL REQUIREMENTS FOR STORMWATER MANAGEMENT PLANNING › Section 7:8-2.5 - Exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
A municipality or other entity conducting stormwater
				  management planning under this chapter may petition the Department at the
				  address provided at
				  7:8-1.3 for an exemption to the
				  requirements of this chapter by submitting documentation to demonstrate that,
				  if granted, the exemption will not result in an increase in flood damage, water
				  pollution, including threats to the biological integrity, or constitute a
				  threat to the public safety.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 3 - REGIONAL STORMWATER MANAGEMENT PLANNING › Section 7:8-3.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				describes stormwater management planning and implementation at the regional
				level, including plan elements; planning process; characterization; development
				of drainage area-specific objectives and standards; selection of stormwater
				management measures; strategy for implementing the measures and evaluating the
				effectiveness of the regional stormwater management plan; plan review,
				adoption, amendment or revision; and implementation and periodic evaluation of
				the plan.
(b) A regional stormwater
				management plan shall address stormwater-related water quality, groundwater
				recharge and/or water quantity impacts of new and existing land uses in a
				regional stormwater management planning area. A regional stormwater management
				planning area shall consist of one or more continuous drainage areas. For
				example, a drainage area could be an area defined by a hydrologic unit code 14
				(HUC14) as defined by the United States Geological Survey.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 3 - REGIONAL STORMWATER MANAGEMENT PLANNING › Section 7:8-3.2 - Regional stormwater management planning committee and lead planning agency

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A regional
				stormwater management planning committee (the committee) shall be established
				for the purposes of creating a regional stormwater management plan.
(b) A person or entity seeking to establish a
				regional stormwater management committee shall solicit participation from
				municipalities, interstate agencies, regional agencies, counties, designated
				planning agencies under N.J.A.C. 7:15, Soil Conservation Districts, regional
				environmental commissions, Pinelands Commission, mosquito control and
				extermination commissions, public water supply and wastewater treatment
				utilities and agencies, lake associations, watershed associations, the
				watershed management planning area public advisory committee, environmental
				organizations, businesses, the Department and other appropriate State and
				Federal agencies and, members of the general public in the drainage area(s) to
				be addressed by the proposed plan. The solicitation for members of the general
				public to be part of the regional stormwater management planning committee can
				be performed through notices in local paper.
(c) The regional stormwater management
				planning committee shall designate a lead planning agency, which shall be
				recognized as the primary contact for the committee. The regional stormwater
				management planning committee, through the lead planning agency, shall:
1. Prepare the regional stormwater management
				plan;
2. Coordinate the regional
				stormwater management planning process with any applicable watershed management
				area planning process;
3. Provide
				opportunities for public participation throughout the regional stormwater
				management planning process; and
4.
				Perform other activities appropriate to facilitate the regional stormwater
				management planning process, including mediation, public information, providing
				technical assistance, and seeking and providing grants or other financial
				assistance, as available, to municipalities and/or local or regional agencies
				pursuant to
				40:55D-99 or other applicable
				authority.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 3 - REGIONAL STORMWATER MANAGEMENT PLANNING › Section 7:8-3.3 - Regional stormwater management plan and elements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				regional stormwater management plan shall incorporate, at a minimum, the
				following elements:
1. Identification of the
				lead planning agency and a description of the structure and members of the
				committee;
2. A statement of
				authority to develop and implement a stormwater management plan from public
				entities, as appropriate, represented on the regional stormwater management
				planning committee;
3. A
				characterization and assessment of the regional stormwater management planning
				area prepared in accordance with
				7:8-3.4;
4. A statement of drainage area-specific
				water quality, groundwater recharge, and water quantity objectives established
				under 7:8-3.5;
5. The drainage area-specific
				stormwater-related water quality, groundwater recharge and water quantity
				design and performance standards established under
				7:8-3.6;
6. The stormwater management measures
				selected in accordance with
				7:8-3.7 and a summary of the
				rationale for the selection of each measure;
7. A description of the strategy for
				implementing the selected stormwater management measures for the regional
				stormwater management planning area and for evaluating the effectiveness of the
				regional stormwater management plan in accordance with
				7:8-3.8, including a long-term
				monitoring program; and
8. To the
				extent elements of the plan do not represent the consensus of the committee,
				the plan shall identify and provide a discussion of the majority and minority
				positions.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 3 - REGIONAL STORMWATER MANAGEMENT PLANNING › Section 7:8-3.5 - Drainage area-specific water quality, groundwater recharge and water quantity objectives

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The regional
				stormwater management plan shall identify drainage area-specific water quality,
				groundwater recharge and water quantity objectives that are consistent with the
				goals of stormwater management planning at
				7:8-2.3, and address each of the
				stormwater-related pollutant sources and pollutants ranked under
				7:8-3.4(d)  and
				the water quantity and groundwater recharge problems ranked under
				7:8-3.4(e). The
				objectives shall address the elimination, reduction, or minimization of
				stormwater-related impacts associated with new and existing land uses. The
				objectives developed for the regional stormwater management plan may take into
				consideration environmental, social, and economic factors.
(b) Notwithstanding (a) above, the drainage
				area-specific objectives for major development shall provide, at a minimum, the
				protection that would be achieved through the application of N.J.A.C. 7:8-5,
				Design and Performance Standards for Stormwater Management Measures.
(c) If a TMDL has been established pursuant
				to N.J.A.C. 7:15 for a waterbody or waterbody segment in the regional
				stormwater management planning area, drainage area-specific objectives shall
				incorporate the loading reductions established in the TMDL for stormwater
				sources of pollution. In addition, if a waterbody or waterbody segment in the
				regional stormwater management planning area is on the Department's list
				prepared to comply with Federal Clean Water Act, Section 303(d) (
				33 U.S.C. §
										1313(d) ) for one or more
				designated uses by stormwater runoff, then drainage area objectives shall be
				included that address the pollutants or pollution for which the waterbody is
				threatened or impaired.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 3 - REGIONAL STORMWATER MANAGEMENT PLANNING › Section 7:8-3.6 - Drainage area-specific design and performance standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				regional stormwater management plan shall identify drainage area-specific
				design and performance standards in order to meet the drainage area-specific
				water quality, groundwater recharge and water quantity objectives identified
				under
				N.J.A.C.
				7:8-3.5.
(b) Drainage area-specific design and
				performance standards may include performance standards for control of
				stormwater quantity, erosion, groundwater recharge, and stormwater quality, as
				well as design standards for stormwater management measures, including green
				infrastructure, and nonstructural stormwater management strategies.
(c) The design and performance standards for
				stormwater management measures for major development described in N.J.A.C.
				7:8-5shall be incorporated into the regional stormwater management plan.
				Alternative drainage area-specific design and performance standards may be
				developed provided the alternative standard is at least as protective as would
				be achieved under N.J.A.C. 7:8-5when considered on a regional stormwater
				management planning area basis.
(d)
				For stormwater management measures, drainage area-specific design and
				performance standards shall conform to the general standards at
				N.J.A.C.
				7:8-5.2(f), (g), (i), and
				(j).
(e) Drainage area-specific design and
				performance standards do not have to be uniform throughout a drainage area
				provided the drainage area, when considered in its entirety, satisfies N.J.A.C.
				7:8-5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 3 - REGIONAL STORMWATER MANAGEMENT PLANNING › Section 7:8-3.7 - Selection of stormwater management measures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The regional
				stormwater management plan shall identify stormwater management measures
				necessary to achieve the drainage area-specific water quality, groundwater
				recharge and water quantity objectives developed in accordance with
				7:8-3.5, and design and performance
				standards developed in accordance with
				7:8-3.6.
(b) Stormwater management measures in the
				following categories shall be considered and selected, as appropriate:
1. Stormwater management measures for new
				land uses;
2. Stormwater management
				measures for existing land uses, including, for example, retrofit measures for
				the modification of existing structural stormwater management measures or other
				structures affecting stormwater runoff; elimination of illicit or illegal
				discharges; prevention or minimization of the exposure of pollutants to
				stormwater; and control of floatables;
3. Stormwater management measures that
				enhance, protect, and/or preserve land or water areas possessing
				characteristics or features that provide for flood control, maintenance or
				improvement of water quality, or conservation of natural resources (for
				example, land use controls, local and regional open space plans and taxes,
				buffer zones, redirecting, recharging or minimizing stormwater discharges,
				pretreatment and/or end-of-pipe treatment); and
4. Public education programs that address
				stormwater quantity and quality.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 3 - REGIONAL STORMWATER MANAGEMENT PLANNING › Section 7:8-3.8 - Strategy for implementing and evaluating effectiveness of stormwater management measures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The regional
				stormwater management plan shall include a strategy for implementing the
				stormwater management measures. The lead planning agency or another entity
				designated by the committee shall be responsible for coordination and tracking
				of the implementation of the regional stormwater management plan, including the
				long-term monitoring program.
(b)
				The implementation strategy shall:
1.
				Identify agencies and/or entities necessary to implement the measures and
				conduct the long-term monitoring program;
2. Identify the respective measures and/or
				monitoring each agency and/or entity will implement and the enabling mechanisms
				by which the measures will be implemented, including, for example, new or
				amended municipal ordinances or interagency agreements;
3. Establish a schedule for the
				implementation of the measures based on priority, including specific milestones
				for all mechanisms identified under (b)2 above;
4. Provide an estimate of short term and long
				term implementation costs to be incurred; and
5. Identify existing and potential private,
				local, State, and Federal funding sources to implement the regional stormwater
				management plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 3 - REGIONAL STORMWATER MANAGEMENT PLANNING › Section 7:8-3.9 - Regional stormwater management plan review, adoption, and amendment and/or revision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon completion
				of a regional stormwater management plan, the lead planning agency shall submit
				the plan to the Department and, if applicable, to the designated water quality
				management planning agency as an amendment to the areawide water quality
				management plan(s) in accordance with the Water Quality Management Planning
				Rules at N.J.A.C. 7:15.
(b) In
				reviewing a regional stormwater management plan submitted under (a) above, the
				Department shall determine whether the plan conforms to the requirements of
				this chapter. The Department will disapprove, return for additional information
				or proceed with a proposed amendment in accordance with
				7:15-3.4(g).
(c) Modifications to an adopted regional
				stormwater management plan shall be processed as an amendment or revision in
				accordance with
				7:15-3.4(b)5  or
				3.5(b)5, as applicable.