reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 13 - ENFORCEMENT › Section 7:38-13.11 - Failure to allow entry

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may assess a civil administrative penalty pursuant to this section against any person who refuses, obstructs, or impedes immediate entry to any site, land, premises, building or facility by any Department representative seeking to conduct any inspection, sampling, or to otherwise determine compliance with the Act or any approval, permit, determination, court order or administrative order issued pursuant to this Act or its implementing rules.
(b) Each day that a violator refuses, obstructs or impedes immediate lawful entry by a Department representative to any site, land, premises, area, building, facility or property shall be an additional, separate and distinct violation.
(c) The Department shall assess a civil administrative penalty for violations described in this section except as adjusted pursuant to (d) below, as follows:
1. For refusing, obstructing or impeding immediate entry and inspection of any site, land, premises, area, building, facility or property for which an administrative order, permit, approval, application, or other operating authority requirement exists or is required under the Act, the civil administrative penalty shall be $ 10,000 per act or omission; and
2. For any other refusal, obstruction, or prohibition of immediate Department entry and inspection, the civil administrative penalty shall be $ 5,000 per violation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 13 - ENFORCEMENT › Section 7:38-13.12 - Economic benefit

Current through Register Vol. 56, No. 14, July 15, 2024
(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, a rule and/or order. However, the total penalty assessed against the violator shall not exceed the maximum allowable amount pursuant to 7:38-13.5.
(b) If a violator's economic benefit was derived from more than one violation, the Department shall apportion the total economic benefit among the violations from which it was derived, so as to increase each civil administrative penalty to an amount no greater than the maximum allowed at 7:38-13.5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 13 - ENFORCEMENT › Section 7:38-13.13 - Appeal of an administrative order and/or notice of civil administrative penalty assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A violator may request an adjudicatory hearing to contest an administrative order, and/or a notice of civil administrative penalty assessment issued under this chapter. To request an adjudicatory hearing, the violator shall submit the following information in writing to the Department at the address in (b) below if none is specified on the order and/or assessment:
1. The name, address, and telephone number of the violator requesting a hearing and his or her attorney or other authorized representative;
2. The violator's defenses to each of the findings of fact in the order and/or notice of civil administrative penalty assessment, stated in short plain terms;
3. An admission or denial of each finding of fact asserted in the order and/or notice of civil administrative penalty assessment. If the violator is without knowledge or information sufficient to form a belief as to the truth of a finding, the violator shall state this and this shall have the effect of a denial. A denial shall address the substance of the finding being denied. When the violator intends in good faith to deny only a part of a finding, or certain qualifying language contained in a finding, the violator shall specify so much of it as is true and deny the remainder. The violator may not generally deny all the findings but must address each finding and itemize his response to each. For each finding the violator denies, the violator shall allege the fact or facts as the violator believes them to be;
4. Copies of all documents, maps or recordings upon which the violator relies to request a hearing and make any denial, defense or assert any fact;
5. An estimate of the time required for the hearing (in days and/or hours); and
6. A statement whether a barrier-free hearing location will be needed to accommodate any physically disabled person attending the hearing.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 13 - ENFORCEMENT › Section 7:38-13.14 - Settlement of an administrative penalty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may, in its discretion, settle any civil administrative penalty assessed pursuant to this subchapter, based on an evaluation of the factors at (a)1 through 7 below:
1. Mitigating or extenuating circumstances not previously considered in the assessment of penalties;
2. The violator's timely implementation of measures leading to compliance, which measures were not previously considered in the assessment of penalties, including measures to aggressively restore, reverse or repair environmental damage caused by the violation, or to remove or mitigate for the violation;
3. The violator's full payment of a specified part of a civil administrative penalty, if payment is made within a time period established by the Department in an administrative order, and if the violator waives the right to request an adjudicatory hearing on the civil administrative penalty;
4. Whether the settlement amount provides a sufficient deterrent to future violations;
5. The past compliance history of the violator with respect to the Highlands and any other statute or regulation that would have prohibited the same type of conduct had it occurred outside the Highlands Region; and
6. The cost to the violator to comply; and
7. Any other terms, conditions, or consideration acceptable to the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 13 - ENFORCEMENT › Section 7:38-13.15 - Notice of violation recorded on property deed

Current through Register Vol. 56, No. 14, July 15, 2024
In addition to the penalties prescribed in this section, a notice of violation issued pursuant to this act shall be recorded on the deed of the property wherein the violation occurred, on order of the Commissioner, by the clerk or register of deeds and mortgages of the county wherein the affected property is located and with the clerk of the Superior Court and shall remain attached thereto until such time as the violation has been remedied and the commissioner orders the notice of violation removed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 13 - ENFORCEMENT › Section 7:38-13.16 - Duty to provide information

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may require an applicant or permittee to provide any information the Department deems necessary to determine compliance with any provision of this Act, a Highlands Preservation Area Approval, or any rule and/or condition.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 13 - ENFORCEMENT › Section 7:38-13.17 - Penalty collection

Current through Register Vol. 56, No. 14, July 15, 2024
All penalties collected pursuant to this section shall either be used, as determined by the Council, by the Department for the acquisition of lands in the preservation area or by any development transfer bank used or established by the Council to purchase development potential in the preservation area.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 13 - ENFORCEMENT › Section 7:38-13.18 - Civil penalty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person shall be subject to civil penalty upon order of a court if the person:
1. Violates the Highland Water Protection and Planning Act, or this chapter;
2. Violates an administrative order or a court order issued pursuant to the Highlands Water Protection and Planning Act, or this chapter; or
3. Fails to pay in full a civil administrative penalty assessed under this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 13 - ENFORCEMENT › Section 7:38-13.19 - Criminal action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to 13:20-35, the Department may petition to the Attorney General to bring a criminal action against any person who:
1. Purposely or negligently violates any provision of 13:20-32, a Highlands Preservation Area Approval issued pursuant to 13:20-34, or any rule or regulation adopted pursuant to the Act;
2. Commits such an offense under (a)1 above a second time; or
3. Knowingly makes a false statement, representation, or certification in any application, record, or other document filed or required to be maintained under the Act.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 14 - ADOPTED GENERAL PERMITS › Section 7:38-14.1 - Highlands general permit 1 - habitat creation and enhancement activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Highlands general permit 1 authorizes habitat creation and enhancement activities in Highlands open waters, which is sponsored or substantially funded by a Federal or State agency or other entity described in (b) below and that are necessary to implement a plan for the restoration, creation or enhancement of the habitat and water quality functions and values of Highlands open waters. For the purposes of this general permit, a "sponsor" shall be an active participant in or substantial financial contributor to the activities, and shall approve the activities in writing.
(b) Highlands general permit 1 authorizes any of the following:
1. A fish and/or wildlife management plan created or approved by the Department's Division of Fish and Wildlife;
2. A project plan approved under the Partners for Fish and Wildlife program, administered by the U.S. Fish and Wildlife Service;
3. A project plan created by the U.S. Department of Agriculture's Natural Resources Conservation Service under the Wetlands Reserve program, the Conservation Reserve program, the Conservation Reserve Enhancement program, the wildlife habitat incentive program (WHIP), or a similar program, and approved by the local Soil Conservation District;
4. A plan approved by the Department's Office of Natural Resource Damages for the restoration, creation or enhancement of natural resources injured as the result of an oil spill or release of a hazardous substance;
5. A mitigation project required by and approved by a government agency, such as the U.S. Army Corps of Engineers;
6. A habitat creation or enhancement plan carried out by the New Jersey Water Supply Authority;
7. A habitat creation or enhancement plan carried out by one of the Federal or State agencies at (b)1 through 6 above or by a government resource protection agency such as a parks commission; or
8. A habitat creation or enhancement plan carried out by a charitable conservancy, as defined at 7:7A-15.1, provided that the plan is part of a program listed at (b)2 through 5 above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES › Subchapter 14 - ADOPTED GENERAL PERMITS › Section 7:38-14.2 - Highlands general permit 2 - bank stabilization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Highlands general permit 2 authorizes activities in Highlands open waters and/or their buffers that are necessary to stabilize the bank of a water body in order to reduce or prevent erosion through the use of bioengineering techniques. Examples of bank stabilization activities using bioengineering are the placement of root wads, tree revetments, or vegetative geogrids along a stream bank. Highlands general permit 2 does not authorize stabilization that involves hard structures such as gabions or rip-rap, the channelization of a stream, construction of an entirely new stream channel or the stabilization of the bottom of the stream. Projects involving these activities require an HPAA.
(b) The applicant shall use vegetative or bioengineering stabilization methods.
(c) The total cumulative length of water body bank affected by bank stabilization activities under Highlands general permit 2 shall meet the applicable length limit below. These limits apply to the total linear footage of stream bank affected, regardless of which side of the stream it is on, or whether the activities are contiguous. For example, a bank stabilization using only soil bioengineering could disturb one bank of a stream for a distance of 300 feet, or both banks for 150 feet. The applicable length limits are as follows:
1. For the following bank stabilization activities, no more than 300 feet of stream bank:
i. Soil bioengineering systems for stream bank stabilization set forth at, and performed in accordance with, 650.1601(d)(2) in Chapter 16 of the NRCS Engineering Field Handbook, published December 1996, incorporated herein by reference, as amended and supplemented. The document can be obtained at
www.info.usda.gov/CED/ftp/CED/EFH-Ch16.pdf
. For the purposes of this chapter, rip-rap joint plantings do not qualify as soil bioengineering; and
ii. Soil bioengineering systems not included in (c)2i above but approved by the Department in writing, which are appropriate to the site and which provide environmental benefits similar to those provided by the measures in (c)2i above. Examples of such measures are the placement of coconut fiber rolls or sand filled textile containers parallel to the shoreline of a stream bank;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 1 - GENERAL INFORMATION › Section 7:45-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The Delaware and Raritan Canal Commission was created pursuant to the Delaware and Raritan Canal State Park Law of 1974, 13:13A-1 et seq. The Commission is authorized to prepare and adopt a Master Plan for the physical development of the Delaware and Raritan Canal State Park and to establish zones in which it will review all private and public projects that impact on the Park and ensure that the projects conform as nearly as possible to the Master Plan adopted by the Commission. This chapter establishes the procedure for the review and sets forth the standards that will be considered by the Commission. The rules are intended to encourage consideration of the natural, historic, and recreational resources of the Park and its environs at the earliest stages of land-use planning and to promote cooperation between the Commission, municipal, county and State reviewing agencies, and private land users.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 1 - GENERAL INFORMATION › Section 7:45-1.2 - Forms and information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Application forms or other information related to this chapter may be obtained from the Commission as follows:
1. Through the Commission's website at
http://www.nj.gov/dep/drcc/
; or by contacting the Commission at:
D&R Canal Commission
PO Box 539
Stockton, NJ 08559
609-397-2000
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 1 - GENERAL INFORMATION › Section 7:45-1.4 - Master Plan of the Delaware and Raritan Canal State Park

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The objectives of the Master Plan of the Delaware and Raritan Canal State Park are as follows:
1. The Delaware and Raritan Canal is a water supply system.
i. The integrity of the Canal as a structure that carries water must be protected.
ii. The quality of the water that enters the Canal--whether from a point source, overland flow of stormwater runoff, or from groundwater exchange--must be suitable for a source of drinking water.
iii. Other uses or development projects must be compatible with the need to operate and maintain the Canal as a water supply system.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 2 - APPLICABILITY › Section 7:45-2.1 - Jurisdictional determination, approval, authorization or waiver requirements

Current through Register Vol. 56, No. 14, July 15, 2024
An applicant proposing a governmental project or private project in the Review Zone, as defined in 7:45-1.2, shall first obtain from the Commission a jurisdictional determination as described at 7:45-2.2, an individual approval as described at N.J.A.C. 7:45-3 and 4, a general permit authorization as described at N.J.A.C. 7:45-5 and 6, and/or a waiver as described at N.J.A.C. 7:45-12.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 2 - APPLICABILITY › Section 7:45-2.2 - Jurisdictional determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant may apply to the Commission for a written jurisdictional determination that states whether or not a project requires review and approval under this chapter. If the proposed project requires review and approval, the jurisdictional determination shall identify the review zone in which the project is located, and whether it is a major or minor project. The jurisdictional determination shall also state whether the project requires an individual approval or may qualify for a general permit. To apply for a jurisdictional determination, the applicant shall submit the following:
1. A Commission application form (see 7:45-1.2 );
2. If the site currently contains impervious surface, the total amount of existing coverage in square feet or acres and the date it was constructed; and
3. A brief description of the proposed project and the amount of impervious surface proposed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 2 - APPLICABILITY › Section 7:45-2.3 - Scope of review for approvals, authorizations and waivers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the Review Zone, the Commission shall review governmental and private projects that have the potential to cause an adverse impact on the Park including drainage, aesthetic, historic and ecological impacts. In addition, the Commission shall approve all State actions that impact on the Park. Each project and State action will be reviewed for its conformance with the objectives of the Master Plan and with the specific standards of this chapter. Review will address four specific types of impact:
1. Stormwater runoff and water quality impact;
2. Stream corridor impact;
3. Visual, historic and natural quality impact; and
4. Traffic impact.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 3 - APPLICATION AND REVIEW PROCEDURES FOR INDIVIDUAL APPROVALS › Section 7:45-3.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each applicant for an individual approval shall submit to the Commission sufficient information for the Commission to adequately review and consider the project. Application forms are available from the Commission, as set forth in 7:45-1.2. The application form must be signed by the applicant for the particular project and the owner of the property on which the project is proposed.
(b) An applicant may combine submission requirements for any project, provided all required information is shown with sufficient clarity to be understood.
(c) Any application for an individual approval declared or deemed complete under 7:45-3.4 prior to June 1, 2009 shall be reviewed in accordance with the D&R Canal State Park Review Zone rules in effect on May 31, 2009; however, each applicant, or holder of an approval or authorization under a general permit shall be subject to a fee in accordance with N.J.A.C. 7:45-13 for each activity that the applicant or holder of an approval or authorization under a general permit requests after June 1, 2009.
(d) Each application for an individual approval shall include an application form. The application form requires basic information regarding the applicant and the proposed project, such as the name and address of the applicant and any designated agents, the specific location of the project, other types of governmental permits that may be required of the applicant for the project, and a brief description of the proposed project. The application shall also include specific submissions as required at N.J.A.C. 7:45-8, 9, 10 and 11, as applicable. In general, the level of detail and documentation required for an application shall correspond to the size and impacts of the proposed project. The Commission shall, upon request, provide an applicant with guidance regarding the appropriate level of detail for a particular application.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 3 - APPLICATION AND REVIEW PROCEDURES FOR INDIVIDUAL APPROVALS › Section 7:45-3.2 - Application for review of a private or governmental project other than one sponsored by a State agency

Current through Register Vol. 56, No. 14, July 15, 2024
An application for a private or governmental project other than one sponsored by a State agency shall not be acted upon by the Commission until it has been determined by the staff to be a complete application that, in addition to the pertinent submission requirements in this chapter, shall include a resolution of approval of the proposed project by the appropriate municipal and county approving agencies.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 3 - APPLICATION AND REVIEW PROCEDURES FOR INDIVIDUAL APPROVALS › Section 7:45-3.3 - Pre-application conferences

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At any time before applying for an individual approval, an applicant may submit preliminary planning documents and may request a pre-application conference to discuss the project with the Commission staff. The purpose of this submission or conference is to enable the applicant to plan economically for conformity with the Master Plan and its policies and standards, and those of this chapter. No requirements are imposed by this chapter as to plans, documents, or data to be submitted or presented for discussion at a pre-application conference. However, this chapter contains a list of materials and data required as part of any application for review of each specific impact. It is advisable that the applicant provide the Commission with as much of this information as practicable for the pre-application conference.
(b) A report on the pre-application submission or conference shall be prepared by the Commission staff if requested by the applicant, and shall include:
1. A summary of the strengths and weaknesses of the project as related to the policies and standards of the Master Plan and this chapter; and
2. A recommendation to the applicant and the municipal approving agency.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 3 - APPLICATION AND REVIEW PROCEDURES FOR INDIVIDUAL APPROVALS › Section 7:45-3.4 - Review of decisions regarding private projects and governmental projects other than projects sponsored by a State agency

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 30 days after the date that an application for an individual approval for a project is received in the Commission's office, the Commission staff shall review the application to determine if all the items required for a complete application have been submitted and take one of the following actions:
1. Notify the applicant in writing of any additional information required for a complete application; or
2. Declare the application complete and so notify in writing the applicant and the appropriate municipal and county approving agencies.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 3 - APPLICATION AND REVIEW PROCEDURES FOR INDIVIDUAL APPROVALS › Section 7:45-3.5 - Review of and decisions regarding projects sponsored by a State agency

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For any governmental project sponsored by a State agency in the Review Zone but not in the Park, the Commission shall approve the project upon being satisfied that it conforms as nearly as possible to the Commission's Master Plan and relevant local plans or initiatives.
(b) Any State agency planning to undertake a governmental project in the Park shall submit a complete application together with all supporting information to the Commission.
(c) Any State agency planning to undertake a governmental project in the Review Zone:
1. Shall submit an application for review prior to undertaking the project; and
2. Is encouraged to informally discuss its plans with the Commission at any time prior to submission of its plans for review; but in any case, shall submit its plans to the Commission for its review and approval not less than 60 days before advertising for bids for the construction of a project or execution of a contract for a project, whichever is sooner.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 3 - APPLICATION AND REVIEW PROCEDURES FOR INDIVIDUAL APPROVALS › Section 7:45-3.6 - Review of permits issued by a State department or agency

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission shall review and either approve, reject or modify each permit or approval to be issued by any State department or agency to any person or governmental entity if the permit or approval involves any portion of the Park or any activity therein.
(b) Before the State department or agency issues the permit that is reviewable by the Commission under (a) above, the applicant shall submit a complete permit application together with all supporting information to the Commission, unless the State department or agency involved has already done so. The Commission shall, within 45 days of receiving a copy of the complete permit application and all supporting information, either approve, reject, or approve with conditions the permit. The Commission shall notify the applicant and the State department or agency of the Commission's decision within 10 days of that decision in accordance with 7:45-3.7.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 3 - APPLICATION AND REVIEW PROCEDURES FOR INDIVIDUAL APPROVALS › Section 7:45-3.7 - Notice of decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission shall notify the Governor in writing of each decision on an application for individual approval of a governmental project sponsored by a State agency within the Review Zone.
(b) For all other applications, the Commission shall notify the following in writing of its decision for individual approvals:
1. The applicant or his or her agent;
2. The appropriate municipal and county approving agencies; and
3. All persons who specifically requested notice.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 3 - APPLICATION AND REVIEW PROCEDURES FOR INDIVIDUAL APPROVALS › Section 7:45-3.8 - Enforcement of notice of decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission's decision on an application shall be binding on the applicant, the municipality, and the municipal approving agency. In the case of any violation or threat of a violation of a Commission decision by a municipality or by the appropriate municipal approving agency, the Commission may institute civil action:
1. For injunctive relief;
2. To set aside and invalidate a decision made by a municipality or appropriate municipal approving agency in violation of the Act, this chapter or the Commission's decision; or
3. To restrain, correct or abate such violation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 4 - INDIVIDUAL APPROVALS › Section 7:45-4.1 - Issuance of an individual approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Construction, disturbance, or pre-construction earth movement is prohibited on any project prior to issuance of the Commission's individual approval, which shall be issued within 10 days of the Notice of Decision approving an application and receipt of the proof of filing of any required easement as provided in (h) below.
(b) The individual approval may contain conditions imposed by the Commission to be carried out during or post construction. Failure to comply with any provision or any condition imposed in an individual approval shall render the approval null and void.
(c) The holder of the approval shall not deviate from the approved plans and any deviation shall render the approval null and void if the Commission determines that the deviation measurably alters the character of the project or impairs the intent of either the Master Plan or this chapter.
(d) The holder of the approval shall allow the Commission or its authorized agent access to the project site to inspect the project and otherwise determine compliance with the approval and this chapter.
(e) Except as provided in (f) and (g) below, the approval shall remain valid for five years from the date of approval and shall not be extended.
1. If some regulated activities have occurred onsite prior to the expiration of the original individual permit, a new individual permit shall be issued only if the project is revised where necessary to comply with the requirements of this chapter in effect when the new application is submitted; and
2. If some regulated activities have occurred onsite prior to the expiration of the original individual permit, a new individual permit shall be issued only if the project is revised where feasible to comply with the requirements of this chapter in effect when the new application is submitted. In determining the feasibility of compliance with the current requirements of this chapter, the Commission shall consider the amount of construction that was completed onsite prior to the permit expiration, as well as whether continuing construction as originally approved would constitute an adverse impact on flooding or the environment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 4 - INDIVIDUAL APPROVALS › Section 7:45-4.2 - Modification of an individual approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the holder of an individual approval proposes a change to the project for which an individual approval was issued, the holder shall submit a request for modification in writing and shall include sufficient information for the Commission to adequately review and consider the modification request. A holder of an individual approval may request:
1. A minor modification under (b) below; or
2. A major modification under (c) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 5 - GENERAL PROVISIONS FOR GENERAL PERMITS › Section 7:45-5.1 - Promulgation of general permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A general permit is a permit established by rulemaking that applies to specific types of projects, as identified by the Commission. By promulgating a general permit pursuant to N.J.S.A. 13:13A-14e, the Commission indicates that it approves the type of project covered by the general permit, provided that the person undertaking the project obtains authorization from the Commission's Executive Director and meets the requirements of the general permit and the authorization.
(b) The Commission will promulgate a general permit only if the Commission determines that the category of projects covered by the general permit will conform to the purposes of the Act, the Master Plan, and these rules.
(c) Each general permit shall contain a specific description of the type of project to which it applies, including:
1. Limits on any single project authorized under the general permit. At a minimum, these limits shall include:
i. The maximum amount of impervious surface;
ii. The maximum extent to which an area may be disturbed;
iii. The maximum size of structure that may be constructed; and
iv. The type of structure that may be constructed; and
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 5 - GENERAL PROVISIONS FOR GENERAL PERMITS › Section 7:45-5.2 - Using a general permit to authorize specific projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To apply for authorization under a general permit, an applicant shall submit the following:
1. An application form. The application form requires basic information regarding the applicant and the proposed project, such as the name and address of the applicant and any designated agents, the specific location of the project, other types of governmental permits that may be required of the applicant for the project, and a brief description of the proposed project. The application form can be found on the Commission's website at
http://www.nj.gov/dep/drcc/
.
2. A site plan to scale, depicting the layout of any proposed structures and the square footage of all existing and proposed impervious surface;
3. A survey of the property;
4. Architectural elevations of all existing and proposed structures on the project site, if applicable; and
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 5 - GENERAL PROVISIONS FOR GENERAL PERMITS › Section 7:45-5.3 - Conditions that apply to all general permit authorizations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person undertaking a project under a general permit authorization shall comply with:
1. The standard conditions for all general permits set forth at (b) below;
2. The conditions established for the specific general permit set forth at N.J.A.C. 7:45-6; and
3. Any project-specific conditions imposed in accordance with (c) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 5 - GENERAL PROVISIONS FOR GENERAL PERMITS › Section 7:45-5.4 - Use of multiple general permit authorizations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission's Executive Director may authorize multiple projects under one or more general permits on a single site provided that:
1. The conditions of each general permit are complied with;
2. The total disturbance and/or size of the projects located on that site shall be calculated cumulatively to ensure that the limits of each general permit are met; and
3. No authorization under General Permit 2, issued in accordance with 7:45-6.2, shall be approved if the cumulative impervious surface area of the project and projects authorized since January 11, 1980 is 800 square feet or more.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 5 - GENERAL PROVISIONS FOR GENERAL PERMITS › Section 7:45-5.5 - Modification of a general permit authorization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the holder of a general permit authorization proposes a change to the project for which a general permit authorization was issued, the holder shall submit a request for modification in writing and shall include sufficient information for the Commission's Executive Director to adequately review and consider the modification request. A holder of a general permit authorization may request:
1. A minor modification under (b) below; or
2. A major modification under (c) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 6 - GENERAL PERMITS › Section 7:45-6.1 - General Permit 1- Maintenance and Repair of Existing Features

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General Permit 1 authorizes projects in Zone A that are necessary to carry out the repair, rehabilitation, maintenance or reconstruction of a structure, road, utility line, or stormwater management measure or basin lawfully existing prior to January 1980, or at any time approved by the Commission under this chapter.
(b) The structure, road, utility line, or stormwater measure or basin authorized under this general permit shall not be put to any use other than as specified in any approval authorizing its original construction. Projects authorized under the general permit shall not expand, widen or deepen the feature, and shall not deviate from any plans of any prior project approvals, except for minor deviations due to changes in materials or construction techniques. Any such deviations must be shown as necessary to fulfill the purpose of the proposed project, and must be consistent with the Master Plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 6 - GENERAL PERMITS › Section 7:45-6.2 - General Permit 2- Single Family Residential Additions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General Permit 2 authorizes the construction of additions or appurtenant improvements to a single family residential dwelling within the Zone A lawfully existing prior to October 10, 1974 or approved at any time by the Commission under this chapter, provided that the addition or improvements meet the following requirements:
1. The addition or improvement does not result in 800 square feet or more of impervious surface, cumulatively since January 11, 1980;
2. The addition or improvement is entirely screened from the view of a person in the Park during the winter season by one or more of the following:
i. The topography of the land;
ii. Existing structures; or
iii. Existing vegetation located on permanently preserved land; and
3. Development or disturbance shall not take place in a Commission regulated stream corridor as defined at 7:45-1.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 7 - ADJUDICATORY HEARINGS › Section 7:45-7.1 - Request for an adjudicatory hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to the limitations of (h) below, a person, including a municipality, county, or municipal or county approving agency, may request an adjudicatory hearing to contest a decision on an application for an individual approval, a waiver, or authorization under a general permit.
(b) To contest a decision listed at (a) above, a person shall submit a hearing request within 30 calendar days after receipt of the notice of decision under 7:45-3.6 or 12.2(c). If a person submits the hearing request after this time, the Commission shall deny the request.
(c) A request for an adjudicatory hearing shall be submitted to the Commission at the address at 7:45-1.2(b)  and shall set forth:
1. The name, address and daytime telephone number of the person requesting the hearing;
2. The date the person requesting the hearing received notice of the decision contested;
3. The project number, as provided by the Commission;
4. When the request is submitted by someone other than the applicant or permittee or his or her agent, evidence that a copy of the hearing request has been mailed to the applicant;
5. The names and addresses of each person whom the requester represents, if other than the applicant or permittee;
6. A copy of the Commission notice or decision for which a hearing is being requested;
7. An estimate of the number of days required for to hear the appeal;
8. A specific admission, denial or explanation of each fact appearing in the Commission notice or decision or a statement that the person is without knowledge thereof;
9. A statement of each legal or factual question alleged to be at issue, and the relevance of that question to the decision; and
10. Information supporting the request or other written documents relied upon to support the request, unless those documents are already in the possession of the Commission;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 8 - STORMWATER RUNOFF AND WATER QUALITY IMPACT REVIEW › Section 7:45-8.1 - Purpose and scope of review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except for those projects expressly exempted by this chapter or waived by the Commission, the Commission shall review the following for stormwater runoff and water quality impact:
1. Major projects within Zone A;
2. Minor projects within Zone A that will result in 800 square feet or more of impervious surface, cumulatively since January 11, 1980; and
3. Major projects within Zone B.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 8 - STORMWATER RUNOFF AND WATER QUALITY IMPACT REVIEW › Section 7:45-8.2 - Submission requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following shall be submitted to the Commission for review of stormwater runoff and water quality impacts:
1. A United States Geological Survey (U.S.G.S.) Location Map;
2. A full set of site grading and utility plans including lot and block lines;
3. Pre-Development and Post-Development Drainage Area Maps (one inch=100 feet or one inch=200 feet), showing two feet contour intervals;
4. Photos of drainage and site conditions;
5. A description of existing site conditions including outlines of woodland cover and utilities;
6. Soils maps of site, including soil types and classification;
7. A flow chart for hydrologic model;
8. A stage/volume/outflow chart, calculations for chart, and constants used in the calculations (weir and pressure flow coefficients);
9. Groundwater elevation and depth to groundwater;
10. Details of outlet structure(s);
11. Summary tables showing comparison of pre- and post-developed conditions for the one-, two-, 10- and 100-year storm events;
12. Detailed calculations for pre-developed and post-developed conditions;
13. Calculations to demonstrate compliance with the water quality provision;
14. Soils information, including percolation rates;
15. A recharge spreadsheet;
16. Non-structural points system spreadsheets; and
17. Stormwater management calculations on a digital disk in addition to the paper version.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 8 - STORMWATER RUNOFF AND WATER QUALITY IMPACT REVIEW › Section 7:45-8.3 - Specific standards for outfalls

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For projects involving new or existing outfalls in the Review Zone, the following standards shall be required:
1. New outfalls to the Canal are prohibited;
2. New sources of stormwater that tie into drainage systems discharging into the Canal are prohibited;
3. New outfalls within stream corridors of water courses that discharge to the Canal are prohibited;
4. New outfall structures within the Park or within 300 feet of the Canal are prohibited; and
5. For projects discharging to existing outfalls in the Canal, the Commission shall consider the following prioritization of types of remediation measures:
i. Removal of the existing outfalls;
ii. Where the removal of existing outfalls is not possible under (a)5i above, stormwater being discharged through the outfall shall be treated to achieve 95 percent TSS removal for the water quality design storm, as described at 7:45-8.7; or
iii. Where treatment for stormwater is not possible under (a)5ii above, stormwater from offsite areas shall be treated to achieve 95 percent total suspended solids (TSS) removal as follows:
(1) Water quality treatment shall be provided for a developed area within the Canal's drainage basin that does not receive water quality treatment. The water quality treatment must achieve one of the following:
(A) An equivalent reduction in TSS loadings for twice the volume of stormwater generated by the proposed project during the water quality design storm; or
(B) An equivalent reduction in TSS loadings for twice the flow rate generated by the proposed project during the water quality design storm.