reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 12 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:1K-12.3 - Procedures for requesting and conducting adjudicatory hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To request an adjudicatory hearing to contest an administrative order, notice of civil administrative penalty assessment, or confidentiality determination issued pursuant to the Act or this chapter, the violator or claimant shall submit the information required pursuant to (b) below to the following address:
New Jersey Department of Environmental Protection
Office of Administrative Hearings and Dispute Resolution
ATTENTION: Adjudicatory Hearing Requests
401 E. State Street
Mail Code 401-07A
PO Box 420
Trenton, New Jersey 08625-0420
(b) To request an adjudicatory hearing to contest an administrative order, notice of civil administrative penalty assessment, or confidentiality determination, the violator or claimant shall submit the following information to the Department:
1. The name, address, and telephone number of the violator or claimant and its authorized representative;
2. If an administrative order or notice of civil penalty assessment is being appealed:
i. The violator's defenses to each of the Department's findings of fact in the administrative order or notice of civil administrative penalty assessment stated in short and plain terms; and
ii. An admission or denial of each of the Department's findings of fact in the administrative order or notice of civil administrative penalty assessment. If the alleged violator is without knowledge or information sufficient to form a belief as to the truth of a finding, the alleged violator shall so state and this shall have the effect of a denial. A denial shall fairly meet the substance of the findings denied. When the alleged violator intends in good faith to deny only a part or a qualification of a finding, the alleged violator shall specify so much of it as is true and material and deny only the remainder. The alleged violator may not generally deny all of the findings but shall make all denials as specific denials of designated findings. For each finding the alleged violator denies, the alleged violator shall allege the fact or facts as the alleged violator believes it or them to be;
3. If a confidentiality determination is being appealed:
i. A concise statement of each factual or legal question alleged to be at issue and its relevance to the Department's confidentiality determination; and
ii. A concise statement of the claimant's or applicant's position on each factual or legal question alleged to be at issue;
4. Information supporting the request and specific reference to or copies of other written documents relied upon to support the request;
5. An estimate of the time required for the hearing (in days and/or hours); and
6. A request, if necessary, for a barrier-free hearing location for physically disabled persons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 12 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:1K-12.4 - Civil administrative penalty determination-general

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may assess a civil administrative penalty of not more than $ 5,000 for the first offense, not more than $ 10,000 for the second offense and not more than $ 15,000 for the third and each subsequent offense against each violator for each violation of the Act.
(b) Each violation of the Act constitutes a distinct and separate offense.
(c) Each day during which a violation continues constitutes an additional, separate, and distinct offense.
(d) The Department may, in its discretion, assess a civil administrative penalty on the basis of one or more of the following factors:
1. The compliance history of the violator;
2. The number, frequency and severity of the offense(s);
3. The measures taken by the violator to mitigate or remediate the effects of the current offense or to prevent future offenses;
4. The deterrent effect of the penalty; or
5. Other specific mitigating or extenuating circumstances of the violator or offense.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 12 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:1K-12.5 - Civil administrative penalties for submitting inaccurate or false information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may assess a civil administrative penalty against each violator who submits inaccurate information or who makes a false statement, representation, or certification in any application, registration, record or other document submitted or maintained under the Act or any rule, administrative order, or permit issued pursuant to the Act.
(b) The Department shall determine the amount of the civil administrative penalty for offenses described in this section based on the conduct of the violator as follows:
1. For each intentional, deliberate, purposeful, knowing or willful act or omission by the violator, the civil administrative penalty, per act or omission, shall be in an amount of $ 5,000 for the first offense, $ 10,000 for the second offense, and $ 15,000 for the third and each subsequent offense; and
2. For all other conduct, the civil administrative penalty, per act or omission, shall be in the amount of $ 1,000 for the first offense, $ 2,500 for the second offense, and $ 5,000 for the third and each subsequent offense.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 12 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:1K-12.6 - Civil administrative penalties for frivolous confidentiality claims

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may assess a civil administrative penalty against each violator who submits a confidentiality claim pursuant to N.J.A.C. 7:1K-9 which is determined by the Department to be frivolous.
(b) The civil administrative penalty for offenses described in this section, per act or omission, shall be in the amount of $ 1,000 for the first offense, $ 2,500 for the second offense, and $ 5,000 for the third and each subsequent offense.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 12 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:1K-12.7 - Civil administrative penalties for failure to allow lawful entry and inspection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may assess a civil administrative penalty against each violator who refuses, inhibits or prohibits immediate lawful entry and inspection of any industrial facility by any authorized Department representative.
(b) The amount of the civil administrative penalty for offenses described in this section shall be $ 5,000 for the first offense, $ 10,000 for the second offense, and $ 15,000 for the third and each subsequent offense.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 12 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:1K-12.8 - Civil administrative penalties for violations of rules adopted pursuant to the Act

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section establishes penalties for violations of the Act and this chapter. Violations are identified as minor or non-minor in accordance with 13:1D-125 et seq.
(b) The following violations are non-minor:
1. Failure to prepare a Pollution Prevention Plan as required by 7:1K-3.1(a) through (e). The penalty for this violation shall be up to $1,000 for the first offense, up to $2,500 for the second offense, and up to $5,000 for the third offense and each subsequent offense.
2. Failure to prepare a Pollution Prevention Plan as required by 7:1K-3.7(a)  every five years by July 1 beginning with the fifth year following the initial base year. The penalty for this violation shall be up to $1,000 for the first offense, up to $2,500 for the second offense, and up to $5,000 for the third offense and each subsequent offense.
3. Failure to comply with an administrative order issued pursuant 7:1K-12.2, addressing administrative completeness of a Pollution Prevention Plan, Pollution Prevention Plan summary or Pollution Prevention Plan Progress report. The penalty for this violation shall be up to $1,000 for the first offense, up to $5,000 for the second offense, and up to $10,000 for the third and each subsequent offense.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 12 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:1K-12.9 - Exemptions from civil administrative penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The civil administrative penalty requirements of this subchapter do not apply to:
1. Failure of an industrial facility to meet the pollution prevention goals required by 7:1K-5.1(b)3  and 5 to be developed for the facility; and
2. Failure of an industrial facility to implement the improvements, including improvements related to the non-enforceable review criteria at 7:1K-3.10(c)2, outlined in an opinion letter issued pursuant to 7:1K-3.10.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 12 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:1K-12.10 - Records of assessments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to promote consistency in the application of this subchapter, the Department shall collect and maintain a record of each assessment made pursuant to this subchapter. Such record shall be a public record and shall be kept available for public inspection pursuant to 47:1A-1 et seq.
(b) The record shall, at a minimum, include a copy of each notice and all final orders issued pursuant to 7:1K-12.2, and the terms of any compromise agreed to pursuant to 7:1K-12.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Subchapter 12 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:1K-12.11 - Pollution Prevention Fund

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall deposit all penalties collected pursuant to this subchapter into the Pollution Prevention Fund established by 13:1D-50.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1K - POLLUTION PREVENTION PROGRAM RULES › Appendix D

Current through Register Vol. 56, No. 14, July 15, 2024
TABLES OF NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODES FOR REGULATED FACILITIES BY BASE YEAR
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New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1L - PAYMENT SCHEDULE FOR PERMIT APPLICATION FEES › Subchapter 1 - GENERAL PROVISIONS › Section 7:1L-1.1 - Purpose and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter institutes a system for the payment of permit application fees in installments. The amount of each installment is one-third of the total fee. The due dates for the installments are based upon the Department's completion of its duties and responsibilities at specific stages of the application review process.
(b) This chapter applies to any application for a permit for which the permit application fee is more than $1,000, except as provided in (c) and (d) below. If an applicant submits applications for more than one permit, the applicability of this chapter is based on the permit application fee for each permit, and not upon the aggregate of the permit application fees for all of the permits.
(c) This chapter does not apply to any license or certification fee.
(d) This chapter does not apply to the payment of a permit application fee if:
1. Another applicable provision of this title provides for the permit application fee to be payable in installments based on milestones in the permit process; and
2. The fee for a given milestone under that other provision of this title is less than the installment would be payable under 7:1L-2.1.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1L - PAYMENT SCHEDULE FOR PERMIT APPLICATION FEES › Subchapter 1 - GENERAL PROVISIONS › Section 7:1L-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:
"Applicant" means the person in whose name a permit is to be issued.
"Completed application" means an application containing all of the information designated on the checklist adopted by the Department under 13:1D-101, for the class or category of permit for which an application is made.
"Department" means the Department of Environmental Protection.
"Final action" means a decision to issue a permit, deny a permit, or conditionally issue a permit.
"License or certification fee" means any fee, assessment or other charge imposed by the Department in connection with the licensing or certification of any member of a regulated profession or occupation, or any person seeking to become a member of a regulated profession or occupation.
"Member of a regulated profession or occupation" means any person subject to regulation by licensure or certification by the Department pursuant to any law of this State.
"Permit" means any permit, registration or license issued by the Department, establishing the regulatory and management requirements for an ongoing regulated activity as authorized by federal law or the following State laws, as such laws are amended and supplemented:
1. The laws governing waterfront and harbor facilities, 12:5-1 through 11;
2. The Solid Waste Management Act, 13:1E-1 et seq., including without limitation 13:1E-5 and 26;
3. The Comprehensive Regulated Medical Waste Management Act, 13:1E-48.1 through 48.25;
4. The laws governing leaf composting facilities, N.J.S.A. 13:1E-99.2 1a through 99.21f;
5. The Statewide Mandatory Source Separation and Recycling Act, N.J.S.A. 13:1E-99.1 1 through 99.39, including without limitation 13:1E-99.21a through 99.21f;
6. The Pesticide Control Act of 1971, 13:1F-1 through 18;
7. The Industrial Site Recovery Act, 13:1K-6 through 13;
8. The Toxic Catastrophe Prevention Act, 13:1K-19 through 32;
9. The Wetlands Act of 1970, 13:9A-1 through 10;
10. The Freshwater Wetlands Protection Act, 13:9B-1 through 30;
11. The Coastal Area Facility Review Act, 13:19-1 through 21;
12. The Air Pollution Control Act, 26:2C-1 through 19.5;
13. The Water Supply Management Act, 58:1A-1 through 17;
14. The laws governing well drillers and pump installers, 58:4A-5 through 28;
15. The Water Pollution Control Act, 58:10A-1 through 14.6;
16. The laws governing the underground storage of hazardous substances, 58:10A-21 through 37;
17. The Safe Drinking Water Act; 58:12A-1 through 25; and
18. The Flood Hazard Area Control Act, 58:16A-50 through 66.
"Permit application fee" or "fee" means any fee, assessment or other charge imposed by the Department for a permit.
"Person" means any individual or entity.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1L - PAYMENT SCHEDULE FOR PERMIT APPLICATION FEES › Subchapter 2 - PAYMENT SCHEDULES › Section 7:1L-2.1 - Payment of permit application fees in installments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the fee for a permit application is more than $ 1,000, the applicant seeking the permit may pay the fee in accordance with the schedule set forth in (a)1, 2 and 3 below:
1. One-third of the total fee at the time the applicant files the application for the permit.
2. One-third of the total fee within 20 calendar days after the date specified in the notice under 7:1L-2.2, stating that the application for the permit is a "completed application"; and
3. One-third of the total fee within 20 calendar days after the date specified in the notice under 7:1L-2.2, stating that the Department has taken final action on the permit application. The due date of this final installment may be postponed in accordance with 7:1L-2.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1L - PAYMENT SCHEDULE FOR PERMIT APPLICATION FEES › Subchapter 2 - PAYMENT SCHEDULES › Section 7:1L-2.2 - Notice by the Department

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After the Department determines that an application for a permit is a "completed application," the Department shall send written notice of this determination to the applicant. In the notice, the Department shall:
1. Certify that it has completed administrative review of the application;
2. State that it has determined that the application is a "completed application";
3. State the amount of the fee installment that is due; and
4. State the date on which the fee installment is due. The due date is 20 calendar days after the date the notice is mailed to the applicant.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1L - PAYMENT SCHEDULE FOR PERMIT APPLICATION FEES › Subchapter 2 - PAYMENT SCHEDULES › Section 7:1L-2.3 - Payment of fees in contested cases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When an applicant appeals a decision of the Department to deny a permit or to include certain terms or conditions in a permit, and the appeal results in a contested case pursuant to the Administrative Procedure Act, 52:14B-1 through 21, the fee installment required under 7:1L-2.1(a)3  shall not be payable until:
1. A final decision in the contested case has been issued by the Commissioner of the Department pursuant to 1:1-18.6(a) or (c); or
2. The contested case has been concluded before the issuance of the final decision, such as through a settlement under 1:1-19.1 or a withdrawal under 1:1-19.2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1L - PAYMENT SCHEDULE FOR PERMIT APPLICATION FEES › Subchapter 2 - PAYMENT SCHEDULES › Section 7:1L-2.4 - Payment of fees when permit review is discontinued

Current through Register Vol. 56, No. 14, July 15, 2024
If the Department discontinues its review of an application at the applicant's request, the applicant shall pay the Department the costs it incurred in reviewing the application before receiving the request to discontinue review. The Department shall send a written notice to the applicant, stating the amount of such costs and the date on which payment of such costs is due. The due date is 20 calendar days after the date the notice is mailed to the applicant.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1L - PAYMENT SCHEDULE FOR PERMIT APPLICATION FEES › Subchapter 2 - PAYMENT SCHEDULES › Section 7:1L-2.5 - Effect of non-payment of fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The determination that an application is a "completed application" depends in part upon the submission of the requisite fee. Accordingly, if an applicant fails to pay an installment of a permit application fee when the installment is due, the application will no longer be considered a "completed application" until the installment is paid.
(b) In determining when the time allotted to the Department to approve, condition or disapprove an application for a permit under any law or regulation (including, without limitation, 13:1D-31 and 32) expires, the running of that time shall be considered suspended during the period in which an application is temporarily not considered a "completed application" pursuant to (a) above.
(c) If an applicant fails to pay an installment of a permit application fee when the installment is due, that non-payment is grounds for the Department to suspend its review of the permit until the installment is paid.
(d) If an applicant has not yet paid an installment of a permit application fee within 20 calendar days after payment was due, that non-payment is grounds for the Department to deny the application.
(e) If within 120 calendar days after a denial for non-payment under (d) above, the Department receives a written request from the applicant stating that the applicant desires to reinstate the application, then:
1. The original application will be deemed to have been resubmitted as a new application, and any time limit for reaching a decision on the application will again be allotted to the Department in full; and
2. The fees that the applicant paid in connection with the original application shall be credited toward the new application.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1L - PAYMENT SCHEDULE FOR PERMIT APPLICATION FEES › Subchapter 2 - PAYMENT SCHEDULES › Section 7:1L-2.6 - Permit conditioned on payment of fee

Current through Register Vol. 56, No. 14, July 15, 2024
No permit issued by the Department shall become effective until the applicant pays the fee in full. After the Department receives payment in full in connection with a permit that is to be issued or conditionally issued, the Department shall notify the applicant in writing that the permit is effective. If the Department has previously sent the applicant a copy of the permit marked "void" on selected pages, the Department shall send the applicant the originals of such pages without the marking.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1L - PAYMENT SCHEDULE FOR PERMIT APPLICATION FEES › Subchapter 2 - PAYMENT SCHEDULES › Section 7:1L-2.7 - Action for nonpayment

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall not be construed to limit the Department's remedies under any applicable law or regulation in connection with an unpaid installment of a permit application fee. Such remedies may include, without limitation, the assessment of penalties and interest, and the taking of administrative or legal action to collect the unpaid installments and interest thereon.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 2 - STATE PARK SERVICE CODE › Subchapter 1 - GENERAL PROVISIONS › Section 7:2-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall constitute the rules of the State Park Service and shall govern the use of all State parks, forests, recreation areas, historic sites, natural areas, marinas, golf courses, botanical gardens, and other lands, waters and facilities under the jurisdiction of the Department of Environmental Protection and assigned to the State Park Service in the Division of Parks and Forestry.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 2 - STATE PARK SERVICE CODE › Subchapter 1 - GENERAL PROVISIONS › Section 7:2-1.3 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules shall be liberally construed to permit the Department, the Division of Parks and Forestry, the State Park Service and its various agencies to discharge its statutory functions.
(b) The Commissioner, the Director of the Division of Parks and Forestry or the Assistant Director of the Division for the State Park Service may, in the public interest, or in an emergency, relax the application of these rules.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 2 - STATE PARK SERVICE CODE › Subchapter 1 - GENERAL PROVISIONS › Section 7:2-1.4 - Practice where rules do not govern

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner may rescind, amend or expand these rules from time to time, as in accordance with the Administrative Procedure Act, 52:14B-1 et seq.
(b) The Commissioner, the Director of the Division of Parks and Forestry or the Assistant Director of the Division for the State Park Service shall exercise their authority in respect to any other matters not governed by these rules.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 2 - STATE PARK SERVICE CODE › Subchapter 1 - GENERAL PROVISIONS › Section 7:2-1.5 - Relationship to Federal and State law

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this chapter are not intended to and do not relieve any person of the duty to comply with all other valid governmental regulations governing activities regulated under this chapter, including rules of the Department of Environmental Protection, and other appropriate State and Federal agencies.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 2 - STATE PARK SERVICE CODE › Subchapter 1 - GENERAL PROVISIONS › Section 7:2-1.6 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any section, subsection, provision, clause or portion of this chapter or the application thereof to any person or circumstance is adjudged invalid or unconstitutional by a court of competent jurisdiction, the remainder of this chapter or the application of such section, subsection, provision, clause or portion of this chapter to persons or circumstances, other than those which is held invalid or unenforceable, shall not be affected thereby.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 2 - STATE PARK SERVICE CODE › Subchapter 2 - GENERAL USE › Section 7:2-2.1 - Purpose/powers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules of the State Park Service are essential for the protection of the natural and historical resources and improvements thereon and for the safety, protection and general welfare of visitors and personnel on properties under the jurisdiction of the State Park Service.
(b) Failure or refusal by any visitor to obey the provisions of this chapter or any other applicable State law shall be sufficient cause for removal and/or prosecution by duly authorized personnel of the State Park Service.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 2 - STATE PARK SERVICE CODE › Subchapter 2 - GENERAL USE › Section 7:2-2.2 - Designation of land use

Current through Register Vol. 56, No. 14, July 15, 2024
The State Park Service shall designate or direct any and all recreational or other use on its lands and waters and within its facilities to such specific areas or locations within or upon said land, waters, and facilities as will be in the best interest of conservation, recreation, preservation and management of the natural and historic resources and the health, safety, and welfare of all persons concerned.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 2 - STATE PARK SERVICE CODE › Subchapter 2 - GENERAL USE › Section 7:2-2.3 - Limitation or closing of land and water use

Current through Register Vol. 56, No. 14, July 15, 2024
The Director of the Division of Parks and Forestry or the Assistant Director of the Division for the State Park Service may limit or close to the public use, specific areas, lands, waters and facilities under its jurisdiction and control as part of a State Park whenever such action is deemed necessary for proper management and operation and/or in the best interest of health, safety and the general welfare of the public.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 2 - STATE PARK SERVICE CODE › Subchapter 2 - GENERAL USE › Section 7:2-2.4 - Posting, selling and soliciting

Current through Register Vol. 56, No. 14, July 15, 2024
A person shall not post signs or notices, distribute advertisements, beg, solicit, sell or attempt to commit such acts on State Park Service property without the written permission of the Director of the Division of Parks and Forestry or the Assistant Director of the Division for the State Park Service or their designee.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 2 - STATE PARK SERVICE CODE › Subchapter 2 - GENERAL USE › Section 7:2-2.5 - Commercial use

Current through Register Vol. 56, No. 14, July 15, 2024
A person shall not engage in a commercial enterprise or activity on lands and waters under the jurisdiction of the State Park Service without a permit issued by the State Park Service or pursuant to a contract or lease entered into with the Department. A person to whom such a permit has been issued shall keep a copy of the permit on his or her person, available for inspection, while engaging in the enterprise or activity that is the subject of the permit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 2 - STATE PARK SERVICE CODE › Subchapter 2 - GENERAL USE › Section 7:2-2.6 - Alcoholic beverages prohibited

Current through Register Vol. 56, No. 14, July 15, 2024
A person shall not possess and/or consume alcoholic beverages on lands and waters under the jurisdiction of the State Park Service except where the sale, use or possession is specifically approved by the Director of the Division of Parks and Forestry or the Assistant Director of the Division for the State Park Service.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 2 - STATE PARK SERVICE CODE › Subchapter 2 - GENERAL USE › Section 7:2-2.7 - Dumping, littering and garbage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person shall not deposit, dump or cause to be deposited or dumped any litter, trash, refuse, garbage, bottles, pollutants, or any other substances or liquids:
1. On the lands under the jurisdiction of the State Park Service; or
2. From lands or vessels on waters under the jurisdiction or control of the State Park Service.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 2 - STATE PARK SERVICE CODE › Subchapter 2 - GENERAL USE › Section 7:2-2.8 - Pets

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in 7:2-2.9, Service animals and hunting dogs, and (b) below, all pets are prohibited from buildings, swimming beaches, swimming waters, camping and overnight facilities other than those designated as pet friendly, golf courses, and botanical gardens.
(b) Pets are allowed at camping areas and overnight facilities designated as pet friendly, provided the owner complies with (c) below.
(c) Except as provided in (d) below and 7:2-2.9, the owner or any pet shall keep the pet caged or held on a leash (maximum length - six feet) and under the immediate control of the owner at all times.
(d) Where allowed in areas not listed in (a) above, the pet does not have to be caged or held on a leash while on a vessel on waters under the jurisdiction of the State Park Service but shall be under the immediate control of the owner at all times.
(e) The owner shall be responsible for the pet's behavior. The owner shall be strictly liable for any nuisance, noise, damage or injury caused by the pet.
(f) The owner shall be responsible for the prompt and sanitary disposal of the pet's waste.
(g) The term "owner" as used in this section refers to the person that is responsible for the care of the pet or that physically has control of the pet on or within the State Park Service jurisdiction.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 2 - STATE PARK SERVICE CODE › Subchapter 2 - GENERAL USE › Section 7:2-2.9 - Service animals and hunting dogs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Service animals are permitted in any location where their presence is necessary to perform the duty for which they are trained.
(b) Dogs used while hunting during open season, or while used in field trials in accordance with New Jersey fish, game and wildlife regulations, are exempt from the leashing requirement in 7:2-2.8(c).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 2 - STATE PARK SERVICE CODE › Subchapter 2 - GENERAL USE › Section 7:2-2.10 - Damage to property/tampering

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person shall not abuse, mutilate, injure, destroy, move or remove any plant or animal or natural resource on lands and water under the jurisdiction or control of the State Park Service without having first obtained the permission of the Superintendent or designee. Authorized fish, game and wildlife activities excepted.
(b) A person shall not deface, damage, move or remove any furniture, equipment, structure, or physical feature of any kind on lands and waters under the jurisdiction or control of the State Park Service without the permission of the Superintendent or designee.
(c) A person shall not dig up, deface, or remove any soil, rock, historic or fossil materials or artifacts without written permission of the Director of the Division of Parks and Forestry or the Assistant Director of the Division for the State Park Service.
(d) A person shall not disturb, remove, damage, destroy or interfere with the pumps, pipes, gates, wires, dams, works and equipment of the State Park Service incident to the flow of water.
(e) An unauthorized person shall not open or enter any manhole or confined space without the specific approval of the Superintendent or designee.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 2 - STATE PARK SERVICE CODE › Subchapter 2 - GENERAL USE › Section 7:2-2.12 - Fires, stoves and lanterns

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person shall not start or maintain any open fire except for small handwarming fires in areas designated for ice fishing under 7:2-2.18(e), on any lands or frozen waters under the jurisdiction of the State Park Service unless specific approval is given by the Superintendent or designee. Such approval may include conditions limiting the hours, location, and types of fuel to be used. Small handwarming fires shall be allowed in designated ice fishing areas subject to conditions posted by the State Park Service.
(b) All types of fire may be prohibited during periods of high forest fire danger, as determined by the State Forest Fire Warden or by Executive Order of the Governor.
(c) Lighting, tending or using a fire, stove or lantern in a manner that threatens, causes damage to or results in the burning of property, park resources or creates a public safety hazard is prohibited.
(d) In camping and overnight facilities and in picnic areas, wood fires shall be lighted only in an established place constructed for the convenience of the visitor or camper, except when otherwise authorized by the Superintendent or designee or posted sign.
(e) Campers and visitors may use dead fallen timber for fuel when authorized by the Superintendent or designee.
(f) For cooking purposes, portable charcoal grills, gasoline, kerosene, or propane gas stoves may be used in camping overnight facilities and picnic areas, unless otherwise posted or directed by the Superintendent or designee.
(g) Live fires of any kind shall not be left unattended. All charcoal and wood fires shall be extinguished and cool to the touch before being left unattended.
(h) A person shall not burn litter, trash, refuse, garbage, pollutants or, except as provided at (d), (e) and (f) above, any other substance or liquids on the lands and waters of the State Park Service without specific approval of the Superintendent or designee.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 2 - STATE PARK SERVICE CODE › Subchapter 2 - GENERAL USE › Section 7:2-2.13 - Posted signs; issued permits; verbal instructions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person shall not make use of the lands, waters, conveniences and facilities under the jurisdiction of the State Park Service contrary to posted signs, issued permits, leases or contracts, and written or verbal instructions.
(b) A person shall not enter designated restricted areas declared or posted "closed," "keep-out," "restricted area" or other verbal or posted warning.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 2 - STATE PARK SERVICE CODE › Subchapter 2 - GENERAL USE › Section 7:2-2.14 - Changing clothes; nudity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All persons on State Park Service property shall be clothed sufficiently to conform with current commonly accepted standards of dress or recreational wearing apparel.
(b) A person shall not change clothes or disrobe except in the privacy of authorized changing areas, bathhouses, dressing rooms or such other facilities or private areas specifically designated for such purpose.
(c) A person shall not be nude in public on State Park Service property except in the privacy of designated changing areas, bathhouses, dressing rooms or such other private facilities and personal areas specifically designed or designated to allow this activity incidental to washing, showering, changing clothing or personal care.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 2 - STATE PARK SERVICE CODE › Subchapter 2 - GENERAL USE › Section 7:2-2.15 - Military use

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All use of lands and waters, under the jurisdiction of the State Park Service, for military maneuvers is prohibited except by specifically written authorization of the Director of the Division of Parks and Forestry or the Assistant Director of the Division for the State Park Service.
(b) Specific written authorization may include designated types of use permitted and may prohibit the use of all live or blank ammunition and pyrotechnics of any type.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 2 - STATE PARK SERVICE CODE › Subchapter 2 - GENERAL USE › Section 7:2-2.16 - Metal detectors

Current through Register Vol. 56, No. 14, July 15, 2024
A person shall not use metal detectors or similar devices without a permit issued by the Superintendent or designee. The permit may limit the location, hours, and days of use. A permit will not be issued for use in areas of significant historical or other value, or where such use would be incompatible with protection of the resource and/or interfere with public use of the facility.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 2 - STATE PARK SERVICE CODE › Subchapter 2 - GENERAL USE › Section 7:2-2.17 - Target practice, firearms, and fireworks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person shall not engage in target practice with any type firearm or bow and arrow on State Park Service property, except with written permission of the Director of the Division of Parks and Forestry or Assistant Director of the Division for the State Park Service.
(b) A person shall not possess or discharge any firearm, pellet gun, paint gun, air soft gun, bow and arrow, slingshot or other weapon capable of injuring persons or wildlife while on State Park Service property without the specific approval of the Superintendent or designee. Hunters in compliance with the rules of the Division of Fish, Game and Wildlife and this chapter are excepted.
(c) A person shall not possess, or discharge or cause to be discharged any fireworks, firecrackers, explosives, torpedoes, rockets, or other substances which could be harmful to persons without the specific approval of the Director of the Division of Parks and Forestry or the Assistant Director of the Division for the State Park Service.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 2 - STATE PARK SERVICE CODE › Subchapter 2 - GENERAL USE › Section 7:2-2.18 - Restrictions on hunting, fishing, and trapping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person shall not hunt, fish and/or trap, except on specifically designated lands and waters of the State Park Service. All such use shall comply with the Game Code, N.J.A.C. 7:25-5, and the Fish Code, N.J.A.C. 7:25-6, now in effect or as may subsequently be amended or changed.
(b) A person shall not hunt with a rifle. Hunting with a muzzle loading rifle shall be limited to the prescribed firearm deer season only or any additional special firearm deer season. Superintendents or designees are authorized to allow squirrel and woodchuck hunting with muzzle loaders as conditions of safety warrant in accordance with the Game Code, N.J.A.C. 7:25-5, now in effect or as may subsequently be amended or changed.
(c) The building, erecting, use of or hunting from a permanent type tree stand or hunting blind is prohibited.
(d) Hunting from portable, temporary hunting tree stands or hunting blinds is permitted. However, the hunter using the portable temporary hunting tree stand or hunting blind shall remove it immediately after use.
(e) A person shall not ice fish except in areas specifically approved by the Superintendent or designee.
(f) Approved ice fishing shall be in compliance with the provisions of the Fish Code, N.J.A.C. 7:25-6, now in effect or as may subsequently be amended or changed.
(g) Spear fishing is prohibited in all waters under the jurisdiction or control of the State Park Service.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 2 - STATE PARK SERVICE CODE › Subchapter 2 - GENERAL USE › Section 7:2-2.19 - Indecency; immorality; profanity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Indecent exposure by any male or female of their genitals, pubic regions, buttocks or the female breast(s) where they may be seen by others is prohibited.
(b) Urinating or defecating in any area other than places designated for such purposes is prohibited.
(c) Addressing, soliciting or attempting to make the acquaintance of another person for immoral or indecent purposes is prohibited.
(d) The use of profanity and indecent language within hearing of another person or persons is prohibited.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 2 - STATE PARK SERVICE CODE › Subchapter 2 - GENERAL USE › Section 7:2-2.20 - Swimming areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person shall not swim or bathe in waters under the jurisdiction of the State Park Service from land comprising part of a State Park and administered for public recreation and/or conservation purposes except in designated swimming areas open and staffed to allow this activity.
(b) Designated swimming areas shall have posted hours of operation and a person shall not use a designated swimming area contrary to posted regulations.
(c) A person shall not dive head first into any of the waters or pools under the jurisdiction or control of the State Park Service except in designated diving areas posted for this purpose.
(d) A person shall not intentionally give or transmit a false signal or false alarm of drowning in any water area or pool under the jurisdiction or control of the State Park Service.
(e) No motorized vehicles except emergency, maintenance, or law enforcement vehicles, shall be permitted in designated swimming areas during the hours of operation posted under (b) above.
(f) A person shall not use, operate or bring into a designated swimming area any inflatables or floating devices such as rubber innertubes, rubber crafts, surfboards, surfmats, buoys, kites, experimental crafts or any other floating device without the approval of the Superintendent or his or her lifeguard designees. United States Coast Guard approved Personal Floatation Devices (PFDs) are excepted.
(g) The Superintendent or designee may authorize the temporary use of certain floatation devices on occasion where the use is deemed safe, or during special events, games, tests, experiments or to accommodate the handicapped.
(h) A person shall not use land that does not comprise part of a State Park or is not administered by the State Park Service for public recreation or conservation purposes bordering waters under the jurisdiction of the State Park Service for swimming or bathing on a commercial or membership basis without first obtaining the written approval of the State Park Service.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 2 - STATE PARK SERVICE CODE › Subchapter 2 - GENERAL USE › Section 7:2-2.21 - Horseback riding

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person shall not ride horseback on property under the jurisdiction of the State Park Service except on designated trails and in areas where horseback riding is allowed.
(b) A horse shall not be hitched or confined in a manner that may cause damage to any tree, shrub, improvement or structure.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 2 - STATE PARK SERVICE CODE › Subchapter 2 - GENERAL USE › Section 7:2-2.22 - Restricted recreational activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person shall not engage in the following recreational activities on State Park Service lands and waters without specific approval of the Assistant Director of the State Park Service, or the Regional Superintendent or their designee:
1. Parachuting;
2. Hot air ballooning;
3. Hang gliding;
4. Musketry, flint-lock or black powder shooting;
5. Spelunking;
6. Rappelling;
7. Operating remote controlled model planes, boats, cars, or other mechanical devices;
8. Ice sailing/ice boating except on Lake Hopatcong and Greenwood Lake;
9. Rocketry;
10. Archeological, geological, botanical, zoological, or paleontological expeditions;
11. Paragliding;
12. Parasailing; or
13. Helicopter operations.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 2 - STATE PARK SERVICE CODE › Subchapter 2 - GENERAL USE › Section 7:2-2.23 - Lost articles

Current through Register Vol. 56, No. 14, July 15, 2024
All articles found shall be turned over to the Superintendent or designee. Receipts shall be issued and the article shall be returned to the finder at the end of 90 days if the owner has not claimed the article. Articles not claimed shall be disposed of in accordance with established State Park Service policy. The State Park Service policy for the disposal of unclaimed articles shall be posted at each State Park.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 2 - STATE PARK SERVICE CODE › Subchapter 2 - GENERAL USE › Section 7:2-2.24 - Winter activities restrictions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Skiing, snowshoeing, ice skating, sledding, innertubing, tobogganing, dog sledding and similar winter sports are prohibited on park roads, and in parking areas open to motor vehicle traffic.
(b) Activities listed in (a) above may be approved in areas specifically designated by the Superintendent or designee.
(c) The towing of persons on skis, sleds or other sliding devices by motor vehicle or snowmobile is prohibited.