New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 22 - PERMIT CONDITIONS; EXTENSION, MODIFICATION, TRANSFER, SUSPENSION, AND TERMINATION OF VERIFICATIONS, AUTHORIZATIONS, AND PERMITS › Section 7:13-22.2 - Conditions that apply to all permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department places conditions on a
				permit to ensure that the approved project complies with this chapter. The
				conditions that apply to all permits are set forth in (c) below, and the
				additional conditions that apply to all permits except permits-by-rule are set
				forth in (d) below.
(b) If a
				permittee undertakes any regulated activity authorized under a permit, such
				action shall constitute the permittee's acceptance of the permit in its
				entirety as well as the permittee's agreement to abide by the permit and all
				conditions therein.
(c) The
				following conditions apply to all permits:
1.
				The issuance of a permit shall in no way expose the State of New Jersey or the
				Department to liability for the sufficiency or correctness of the design of any
				construction or structure(s). Neither the State nor the Department shall, in
				any way, be liable for any loss of life or property that may occur by virtue of
				the activity or project conducted as authorized under a permit;
2. The issuance of a permit does not convey
				any property rights or any exclusive privilege;
3. The permittee shall obtain all applicable
				Federal, State, and local approvals prior to commencement of regulated
				activities authorized under a permit;
4. A permittee conducting an activity
				involving soil disturbance, the creation of drainage structures, or changes in
				natural contours shall obtain any required approvals from the Soil Conservation
				District having jurisdiction over the site;
5. The permittee shall take all reasonable
				steps to prevent, minimize, or correct any adverse impact on the environment
				resulting from activities conducted pursuant to the permit, or from
				noncompliance with the permit;
6.
				The permittee shall immediately inform the Department of any unanticipated
				adverse effects on the environment not described in the application or in the
				conditions of the permit. The Department may, upon discovery of such
				unanticipated adverse effects, and upon the failure of the permittee to submit
				a report thereon, notify the permittee of its intent to suspend the permit,
				pursuant to
				N.J.A.C.
				7:13-22.7;
7. The permittee shall immediately inform the
				Department by telephone at (877) 927-6337 (Warn DEP Hotline) of any
				noncompliance that may endanger the public health, safety, and welfare, or the
				environment. The permittee shall inform the Division of Land Use Regulation by
				telephone at (609) 292-0060 of any other noncompliance within two working days
				of the time the permittee becomes aware of the noncompliance, and in writing
				within five working days of the time the permittee becomes aware of the
				noncompliance. Such notice shall not, however, serve as a defense to
				enforcement action if the project is found to be in violation of this chapter.
				The written notice shall include:
i. A
				description of the noncompliance and its cause;
ii. The period of noncompliance, including
				exact dates and times;
iii. If the
				noncompliance has not been corrected, the anticipated length of time it is
				expected to continue; and
iv. The
				steps taken or planned to reduce, eliminate, and prevent recurrence of the
				noncompliance;
8. Any
				noncompliance with a permit constitutes a violation of this chapter and is
				grounds for enforcement action under N.J.A.C. 7:13-24, as well as, in the
				appropriate case, suspension and/or termination of the permit;
9. It shall not be a defense for a permittee
				in an enforcement action that it would have been necessary to halt or reduce
				the authorized activity in order to maintain compliance with the conditions of
				the permit;
10. The permittee shall
				employ appropriate measures to minimize noise where necessary during
				construction, as specified in
13:1G-1
et seq. and
N.J.A.C. 7:29
;
11.
				The issuance of a permit does not relinquish the State's tidelands ownership or
				claim to any portion of the subject property or adjacent properties;
12. The issuance of a permit does not
				relinquish public rights to access and use tidal waterways and their
				shores;
13. The permittee shall
				allow an authorized representative of the Department, upon the presentation of
				credentials, to:
i. Enter upon the
				permittee's premises where a regulated activity is located or conducted, or
				where records must be kept under the conditions of the permit;
ii. Have access to and copy, at reasonable
				times, any records that must be kept under the conditions of the permit;
				and
iii. Inspect at reasonable
				times any facilities, equipment, practices, or operations regulated or required
				under the permit. Failure to allow reasonable access under this paragraph shall
				be considered a violation of this chapter and subject the permittee to
				enforcement action under N.J.A.C. 7:13-24; and
14. The permittee shall not cause or allow
				any unreasonable interference with the free flow of a regulated water by
				placing or dumping any materials, equipment, debris, or structures within or
				adjacent to the channel while the regulated activity(ies) is being undertaken.
				Upon completion of the regulated activity(ies), the permittee shall remove and
				dispose of in a lawful manner, all excess materials, debris, equipment, and
				silt fences and other temporary soil erosion and sediment control devices from
				all regulated areas.