reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20 - DAM SAFETY STANDARDS › Subchapter 2 - CIVIL ADMINISTRATIVE PENALTIES; REQUESTS FOR ADJUDICATORY HEARINGS; ACTIONS BY THE DEPARTMENT TO REPAIR AND MITIGATE › Section 7:20-2.1 - Authority and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				governs the assessment of uniform civil administrative penalties pursuant to
				the Safe Dam Act,
				58:4-1 et seq., and the issuance
				of orders for the violation of any provision of the Safe Dam Act or any
				regulation, rule, permit or order adopted or issued by the Department pursuant
				thereto. This subchapter also establishes the procedure for requesting an
				adjudicatory hearing or appeal from a notice of civil administrative penalty
				assessment or administrative order.
(b) Neither the issuance of an administrative
				order nor the assessment of a civil administrative penalty shall affect the
				availability to the Department of any other enforcement provision in
				58:4-5 and 6 or any other action
				or remedy available by law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20 - DAM SAFETY STANDARDS › Subchapter 2 - CIVIL ADMINISTRATIVE PENALTIES; REQUESTS FOR ADJUDICATORY HEARINGS; ACTIONS BY THE DEPARTMENT TO REPAIR AND MITIGATE › Section 7:20-2.2 - Procedures for issuing an administrative order pursuant to the Safe Dam Act

Current through Register Vol. 56, No. 14, July 15, 2024
Whenever the Department finds that a person has violated any
				  provision of the Safe Dam Act, or any regulation, rule or order adopted or
				  issued by the Department pursuant thereto, the Department may issue an
				  administrative order specifying the provision or provisions of the law, rule,
				  regulation, or order, of which the person is in violation citing the action
				  which constituted the violation requiring compliance with the provision or
				  provisions violated; requiring specific actions by the violator to achieve
				  compliance with provisions violated; and providing notice to the person of the
				  right to an adjudicatory hearing on the matters contained in the order. The
				  ordered party shall have 20 days from receipt of the order within which to
				  deliver to the Department a written request for a hearing in accordance with
				  7:20-2.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20 - DAM SAFETY STANDARDS › Subchapter 2 - CIVIL ADMINISTRATIVE PENALTIES; REQUESTS FOR ADJUDICATORY HEARINGS; ACTIONS BY THE DEPARTMENT TO REPAIR AND MITIGATE › Section 7:20-2.3 - Procedures for assessment, settlement and payment of civil administrative penalties for violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To assess a
				civil administrative penalty, the Department shall notify the violator by
				certified mail (return receipt requested) or personal service. This notice of
				civil administrative penalty assessment shall:
1. Identify the section of the Safe Dam Act
				or the rule, regulation and/or administrative order violated;
2. State the facts which constitute the
				violation;
3. State the amount of
				the civil administrative penalty to be imposed and the amount of any other
				costs and economic benefit to be imposed; and
4. Advise the violator of the right to
				request an adjudicatory hearing under
				7:20-2.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20 - DAM SAFETY STANDARDS › Subchapter 2 - CIVIL ADMINISTRATIVE PENALTIES; REQUESTS FOR ADJUDICATORY HEARINGS; ACTIONS BY THE DEPARTMENT TO REPAIR AND MITIGATE › Section 7:20-2.5 - Civil administrative penalty assessment for violation of the Safe Dam Act

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may assess a civil administrative penalty of up to $ 25,000 for each violation
				of any provision of the Safe Dam Act,
				58:4-1 et seq., or for any failure
				to comply with any rule or regulation adopted pursuant to the Act, or for any
				failure to comply with any permit, order or directive issued pursuant to the
				Act, or for failure to comply with a request for information or request to
				enter upon the property.
(b) Each
				violation of any provision of the Safe Dam Act, or any rule or regulation
				adopted pursuant to the Act, or for any failure to comply with any permit,
				order or directive issued pursuant to the Act, or for failure to comply with a
				request for information or request to enter upon the property shall constitute
				a separate and distinct offense.
(c) Each day during which a violation
				continues shall constitute an additional, separate and distinct
				offense.
(d) When the Department
				determines that the violator has gained economic benefit from a violation, the
				Department may in addition to any other civil administrative penalty assessed,
				include as a part of a civil administrative penalty the economic benefit that
				the violator has realized as a result of not complying or delaying compliance.
				Economic benefit shall include the amount of savings realized from avoided
				costs; the return earned or that may be earned on the amount of the avoided
				costs; and any other benefits resulting from the violation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20 - DAM SAFETY STANDARDS › Subchapter 2 - CIVIL ADMINISTRATIVE PENALTIES; REQUESTS FOR ADJUDICATORY HEARINGS; ACTIONS BY THE DEPARTMENT TO REPAIR AND MITIGATE › Section 7:20-2.6 - Civil administrative penalty amount for violation of the Safe Dam Act

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may assess the following civil administrative penalty for each day that the
				respective identified violations continue:
1.
				Failure to draw off (drain or lower) an impoundment:
i. Class I Dams: $ 10,000 to $
				25,000;
ii. Class II Dams: $ 5,000
				to $ 10,000;
iii. Class III and IV
				Dams: $ 1,000 to $ 5,000;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20 - DAM SAFETY STANDARDS › Subchapter 2 - CIVIL ADMINISTRATIVE PENALTIES; REQUESTS FOR ADJUDICATORY HEARINGS; ACTIONS BY THE DEPARTMENT TO REPAIR AND MITIGATE › Section 7:20-2.7 - Notice of violation recorded on property deed

Current through Register Vol. 56, No. 14, July 15, 2024
In addition to penalties prescribed in this subchapter, a
				  notice of violation issued pursuant to the Safe Dam Act, or any rule,
				  regulation or order issued pursuant thereto, shall, on order of the
				  Commissioner, be recorded on the deed of the property wherein the violation
				  occurred, 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 is remedied and
				  the Commissioner orders the notice of violation removed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20 - DAM SAFETY STANDARDS › Subchapter 2 - CIVIL ADMINISTRATIVE PENALTIES; REQUESTS FOR ADJUDICATORY HEARINGS; ACTIONS BY THE DEPARTMENT TO REPAIR AND MITIGATE › Section 7:20-2.8 - Penalty collection

Current through Register Vol. 56, No. 14, July 15, 2024
All penalties collected pursuant to this subchapter or sums
				  collected pursuant to
				  58:4-5 shall be deposited in the
				  Environmental Services Fund, established pursuant to
				  13:1D-33, and kept separate from
				  other receipts deposited therein, and appropriated to the Department for the
				  removal of dams in the State.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20A - AGRICULTURAL, AQUACULTURAL, AND HORTICULTURAL WATER USAGE CERTIFICATION › Subchapter 1 - GENERAL PROVISIONS › Section 7:20A-1.1 - Scope and authority

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall constitute the rules governing water
				  usage certifications for agricultural, aquacultural, and horticultural
				  purposes, and agricultural water usage registrations pursuant to the Water
				  Supply Management Act,
				  58:1A-1 et seq. This chapter
				  establishes the schedule and reporting procedure that persons having the
				  capability to divert 100,000 or more gallons of water per day for agricultural,
				  aquacultural, or horticultural purposes shall follow to establish their
				  privilege to divert water and prescribes the application, review, notification
				  and hearing procedures for establishing privileges to divert water and to
				  obtain, modify or renew water usage certifications and/or registrations.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20A - AGRICULTURAL, AQUACULTURAL, AND HORTICULTURAL WATER USAGE CERTIFICATION › Subchapter 1 - GENERAL PROVISIONS › Section 7:20A-1.2 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				shall be liberally construed to implement the statutory functions pursuant to
				the Water Supply Management Act,
				58:1A-1 et seq.
(b) This chapter may be amended, repealed, or
				rescinded from time to time in conformance with the Administrative Procedure
				Act, 52:14B-1 et seq., as amended and
				supplemented, and the Office of Administrative Law's Rules for Agency
				Rulemaking, N.J.A.C. 1:30.
(c) Any
				agricultural, aquacultural, or horticultural uses of water in the State of New
				Jersey will be presumed to be in the public interest for the purpose of this
				chapter, provided the agricultural, aquacultural, or horticultural activity
				employs agricultural management practices for conserving water to the maximum
				extent possible, minimizes the amount of water utilized, and uses the lowest
				quality of water for the intended purpose considering the size of the farm
				management unit where water will be used, crop type, and the amount of
				impervious surface on the farm management unit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20A - AGRICULTURAL, AQUACULTURAL, AND HORTICULTURAL WATER USAGE CERTIFICATION › Subchapter 1 - GENERAL PROVISIONS › Section 7:20A-1.5 - Uncertified diversions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall
				divert or have the capability to divert water either from a single diversion
				source or from combined diversion sources at a rate in excess of 100,000
				gallons of water per day without either obtaining a water usage certification
				or water usage registration in accordance with this chapter, or obtaining a
				Water Supply Allocation Permit or a Temporary Dewatering Permit, a Water Use
				Registration, or complying with the requirements for a Short Term Water Use
				Permit-by-Rule or Dewatering Permit-by-Rule in accordance with N.J.A.C.
				7:19.
(b) Any person who intends to
				divert 100,000 or more gallons of water per day for agricultural, aquacultural,
				or horticultural purposes shall apply for a water usage certification by
				following the application procedures set forth in N.J.A.C. 7:20A-2.
(c) Any person who intends to divert less
				than 100,000 gallons of water per day for agricultural, aquacultural, or
				horticultural purposes, but who has the capability to divert 100,000 gallons of
				water per day or more, shall register the diversion source in accordance with
				the procedures set forth in N.J.A.C. 7:20A-3.
(d) Any certification holder who, because of
				a water supply shortage and/or water quality emergency, seeks to divert water
				from a diversion source for which the certification holder does not have
				diversion privileges under a certification issued pursuant to this chapter,
				shall obtain from the appropriate county agricultural agent written
				verification of the water supply shortage and/or water quality emergency, and
				shall submit the verification with a written request for authorization for the
				uncertified diversion to the Department at: Bureau Chief, Bureau of Water
				Allocation, P.O. Box 426, Trenton, New Jersey 08625-0426. The certification
				holder shall be eligible for authorization for the uncertified diversion only
				if the following requirements are met:
1. The
				certification holder applies for a modification of their certification under
				7:20A-2.2 within 30 calendar days
				of the initiation of the uncertified diversion authorized under this
				subsection;
2. The certification
				holder uses the uncertified diversion authorized under this subsection only on
				a last on, first off basis until the certification modification required under
				(d)1 above is approved; and
3. The
				uncertified diversion is not from a water supply critical aquifer or from a
				point on a stream that is upstream of a public water supply intake or discharge
				regulated under the Water Pollution Control Act,
				58:10A-1 et seq., and the
				implementing rules at N.J.A.C. 7:14A.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20A - AGRICULTURAL, AQUACULTURAL, AND HORTICULTURAL WATER USAGE CERTIFICATION › Subchapter 1 - GENERAL PROVISIONS › Section 7:20A-1.6 - Procedure for transfer of a water usage certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An existing
				water usage certification for any farm management unit utilized for
				agricultural, aquacultural, or horticultural purposes that has been transferred
				in ownership, authorized representative and/or operation without any change or
				modification in the specified conditions of water usage for agricultural,
				aquacultural, or horticultural purposes, may be transferred to the new owner of
				the farm management unit or the authorized representative upon notification by
				the new owner or the authorized representative to the appropriate county
				agricultural agent and the Department except that:
1. If any change in the specified conditions
				of water usage or farm management unit utilization for agricultural,
				aquacultural, or horticultural purposes occurs prior to or subsequent to the
				transfer of ownership, authorized representative, and/or operation, then the
				new owner or authorized representative shall follow the application process for
				new water usage certifications outlined in N.J.A.C. 7:20A-2.
2. If the new owner or authorized
				representative of the farm management unit does not notify the appropriate
				county agricultural agent and the Department of the transfer of the existing
				water usage certification within 180 days after the transfer of ownership or
				operation, then the privilege of the new owner or authorized representative to
				divert water under the existing water usage certification shall cease and the
				new owner or authorized representative shall follow the application process for
				new water usage certifications outlined in N.J.A.C. 7:20A-2 to establish the
				privilege to divert water.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20A - AGRICULTURAL, AQUACULTURAL, AND HORTICULTURAL WATER USAGE CERTIFICATION › Subchapter 1 - GENERAL PROVISIONS › Section 7:20A-1.7 - Complaints of interference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The appropriate
				county agricultural agent shall refer to the Department all complaints received
				from persons alleging that their diversion source is being adversely impacted
				by an existing diversion source that is included within a water usage
				certification or a diversion that is operating in violation of this
				chapter.
(b) All complaints shall
				be made in writing and shall include:
1. The
				location of the involved wells or intakes;
2. The nature and frequency of interference;
				and
3. The well drilling permit
				number, well depth and capacity for each of the complainant's wells.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20A - AGRICULTURAL, AQUACULTURAL, AND HORTICULTURAL WATER USAGE CERTIFICATION › Subchapter 1 - GENERAL PROVISIONS › Section 7:20A-1.8 - Program information

Current through Register Vol. 56, No. 14, July 15, 2024
Unless otherwise specified, any questions concerning the
				  requirements of this chapter shall be directed to the appropriate county
				  agricultural agent, or to the Bureau of Water Allocation, Division of Water
				  Supply, New Jersey Department of Environmental Protection, P.O. Box 426,
				  Trenton, New Jersey 08625-0426.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20A - AGRICULTURAL, AQUACULTURAL, AND HORTICULTURAL WATER USAGE CERTIFICATION › Subchapter 1 - GENERAL PROVISIONS › Section 7:20A-1.9 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any section, subsection, provision, clause, or portion of
				  this chapter is adjudged unconstitutional or invalid by a court of competent
				  jurisdiction, the remainder of this chapter shall not be affected
				  thereby.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20A - AGRICULTURAL, AQUACULTURAL, AND HORTICULTURAL WATER USAGE CERTIFICATION › Subchapter 2 - WATER USAGE CERTIFICATION PROCEDURE › Section 7:20A-2.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter prescribes the procedures which shall be
				  followed by applicants when applying for, and by the county agricultural agents
				  and the Department in the processing of, applications for water usage
				  certifications.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20A - AGRICULTURAL, AQUACULTURAL, AND HORTICULTURAL WATER USAGE CERTIFICATION › Subchapter 2 - WATER USAGE CERTIFICATION PROCEDURE › Section 7:20A-2.2 - Major and minor certification modifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A major
				modification of a water usage certification shall be obtained pursuant to
				7:20A-2.3 and 2.5 for the
				following:
1. The relocation of an intake or
				well to a site more than 100 feet from the site of the intake or well specified
				in the certification, or the location of replacement well in a different
				aquifer;
i. The Department shall approve a
				replacement well in the same aquifer or the relocation of a diversion point
				greater than 100 feet from the existing well or existing intake as a minor
				modification to the water usage certification pursuant to (b) below if, as
				determined by the Department, there are structures, facilities or physical
				barriers situated such that the replacement well or relocated intake cannot be
				located within 100 feet of the existing well or existing intake. In this event,
				the replacement well or relocated intake shall be located as near to the
				existing well or existing intake as possible. However, in no case shall a
				replacement well or relocated intake located beyond 200 feet from the existing
				well or existing intake, or closer to a contamination site on the Department's
				known contaminated site list, a surface water classified as category one
				pursuant to N.J.A.C. 7:9B, or to an exceptional resource value fresh water
				wetland pursuant to
				7:7A-2.4(b), or
				within 500 feet of the property line for the replacement well be considered as
				a minor modification in accordance with (b) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20A - AGRICULTURAL, AQUACULTURAL, AND HORTICULTURAL WATER USAGE CERTIFICATION › Subchapter 2 - WATER USAGE CERTIFICATION PROCEDURE › Section 7:20A-2.3 - General application procedures and requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				will provide the current application forms required for water usage
				certification to all county agricultural agents.
(b) An applicant for a water usage
				certification to renew or establish a privilege to divert 100,000 or more
				gallons of water per day for agricultural, aquacultural or horticultural
				purposes, or for a major modification of the certification shall contact the
				appropriate county agricultural agent to obtain application forms and other
				instructions needed to file a complete application.
(c) The applicant shall follow all the
				instructions to complete the application forms, and shall obtain and prepare
				all other documents, including a copy of a map produced in accordance with (e)
				below with the farm management unit clearly delineated, as required by the
				instructions.
(d) If one or more
				existing or proposed diversion sources are located within the Delaware River
				Basin, the applicant or the county agricultural agent shall also:
1. Submit, at the time the water usage
				certification application is submitted to the Department, a copy of the
				application to the Delaware River Basin Commission (DRBC), P.O. Box 7360, West
				Trenton, New Jersey, 08628-0360; and
2. Provide a copy of the application cover
				letter sent to DRBC in accordance with (d)1 above, or other proof of filing
				with the DRBC, to the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20A - AGRICULTURAL, AQUACULTURAL, AND HORTICULTURAL WATER USAGE CERTIFICATION › Subchapter 2 - WATER USAGE CERTIFICATION PROCEDURE › Section 7:20A-2.4 - Application requirements and procedures for the renewal with no modification or the renewal with minor modification of an existing water usage certification; extension of certain existing certifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Renewals with
				no or minor modifications, as identified in
				7:20A-2.2(b),
				shall be processed in accordance with this section. Renewals with major
				modifications shall be processed in accordance with
				7:20A-2.5.
1. An application for renewal of a current
				water usage certification shall be submitted to the appropriate county
				agricultural agent at least three months prior to the expiration date of the
				existing certification.
2. An
				applicant for renewal of a current water usage certification shall submit the
				appropriate application forms and other information as requested by the
				Department for the proper implementation of the Act and this chapter.
3. If the certification holder does not
				comply with (a)1 and 2 above, the Department may:
i. Notify the certification holder by
				certified mail that the permit has expired;
ii. Take appropriate enforcement action
				including the assessment of penalties under N.J.A.C. 7:19-18; and/or
iii. Require the certification holder to file
				an application as a new applicant in accordance with this chapter.
4. A current water usage
				certification for which a complete renewal application package has been
				submitted to the county agricultural agent three months prior to the expiration
				date shall remain in effect until the Department grants or denies the renewal
				application.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20A - AGRICULTURAL, AQUACULTURAL, AND HORTICULTURAL WATER USAGE CERTIFICATION › Subchapter 2 - WATER USAGE CERTIFICATION PROCEDURE › Section 7:20A-2.5 - Application requirements and procedures for a new water usage certification, renewal of a certification with major modification, or major modification of a certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				the requirements in
				7:20A-2.3, the applicant for a new
				water usage certification, renewal of a certification with major modification,
				or major modification of a certification shall also submit to the appropriate
				county agricultural agent a completed application form including the following
				information:
1. The name, address, and
				telephone number of the property owner and authorized representative, if
				different;
i. In those instances where the
				owner of the farm management unit allows an authorized representative to
				utilize the property included in the water usage certification or agricultural
				water usage registration for agricultural, aquacultural or horticultural
				purposes, the owner shall provide in writing any subsequent changes in the
				authorized representative information to the county agricultural agent within
				30 days of the change. The county agricultural agent shall notify the
				Department in writing of the change within 30 days of notification from the
				owner;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20A - AGRICULTURAL, AQUACULTURAL, AND HORTICULTURAL WATER USAGE CERTIFICATION › Subchapter 2 - WATER USAGE CERTIFICATION PROCEDURE › Section 7:20A-2.7 - Record of decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There shall be
				maintained by the Department and the appropriate county agricultural agent for
				each application reviewed a record consisting of copies of:
1. The application documents;
2. Water allocation recommendation by
				appropriate county agricultural agent;
3. Written basis supporting approval or
				denial of the application;
4.
				Advisory Panel recommendations;
5.
				The public hearing report and transcript;
6. Comments received, and a summary of the
				Department's responses;
7. The
				letter of approval and water usage certification or letter of denial;
				and
8. All other relevant
				information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20A - AGRICULTURAL, AQUACULTURAL, AND HORTICULTURAL WATER USAGE CERTIFICATION › Subchapter 2 - WATER USAGE CERTIFICATION PROCEDURE › Section 7:20A-2.8 - Appeal procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant or certification holder who
				believes himself or herself to be aggrieved by a decision of the Department
				regarding any water usage certification may contest the decision and request a
				contested case hearing pursuant to the Administrative Procedure Act,
				52:14B-1 et seq., and the New
				Jersey Uniform Administrative Procedure Rules, N.J.A.C. 1:1, if the Department:
1. Approves or denies an application for a
				water usage certification, or any part thereof; or
2. Revokes, withdraws or modifies a
				previously issued approval.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20A - AGRICULTURAL, AQUACULTURAL, AND HORTICULTURAL WATER USAGE CERTIFICATION › Subchapter 2 - WATER USAGE CERTIFICATION PROCEDURE › Section 7:20A-2.9 - Certifications including construction, repair or reconstruction of dams and other related structures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A water usage
				certification issued by the Department in consultation with the county
				agricultural agent may include the right to construct, repair or reconstruct
				dams or other related structures provided that any proposed work to construct,
				repair or reconstruct dams or other related structures shall comply with
				58:4-1 et seq. and all other
				applicable laws and regulations.
(b) In the case of a water usage
				certification issued pursuant to (a) above, a stream encroachment permit for
				irrigation headgates and tidegates along the banks of a stream shall not be
				required by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20A - AGRICULTURAL, AQUACULTURAL, AND HORTICULTURAL WATER USAGE CERTIFICATION › Subchapter 3 - AGRICULTURAL WATER USAGE REGISTRATION PROCEDURE › Section 7:20A-3.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter prescribes the procedures which shall be
				  followed by applicants when applying for, and by county agricultural agents and
				  the Department in the processing of, applications for agricultural water usage
				  registrations.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20A - AGRICULTURAL, AQUACULTURAL, AND HORTICULTURAL WATER USAGE CERTIFICATION › Subchapter 3 - AGRICULTURAL WATER USAGE REGISTRATION PROCEDURE › Section 7:20A-3.2 - Procedures for obtaining an agricultural water usage registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				will provide the current application form for agricultural water usage
				registrations to all county agricultural agents.
(b) Any person who intends to divert less
				than 100,000 gallons of water per day for agricultural, aquacultural, or
				horticultural purposes, but who has the capability to divert 100,000 gallons of
				water per day or more, shall apply for an agricultural water usage
				registration.
(c) An applicant for
				an agricultural water usage registration or modification thereof shall contact
				the appropriate county agricultural agent to obtain an application form and
				other instructions needed to file a complete application.
(d) The applicant shall follow all the
				instructions to complete the application form and shall submit the completed
				application form and other required documents to the appropriate county
				agricultural agent.
1. The following items
				will be required as part of the application:
i. The name, address, and telephone number of
				the applicant, which shall be the property owner or the authorized
				representative, if different;
ii. A
				description of the location of each diversion source, and the name and pumping
				capacity for each diversion source. All diversion source locations shall be
				identified on a map as required at
				7:20A-2.3(e);
iii. If the diversion source is a well, the
				State of New Jersey assigned well permit number, the well depth and diameter,
				the installed pump capacity, and the date the well was drilled;
iv. If the diversion source is a pond, the
				average depth, surface area in acres, and the source of water to the pond,
				including any wells or streams that are used for supplementation;
v. The maximum quantity of water to be
				diverted from each source on a monthly and annual basis;
vi. The total number of acres owned or
				operated for agricultural, aquacultural, or horticultural purposes, the number
				of acres actively being farmed, the number of acres intended to be farmed as
				indicated in the Agriculture Development Plan, the United States Department of
				Agriculture soil mapping unit, the acreage planted in each crop, and the number
				of acres of each crop under irrigation;
vii. A description of the method used to
				measure the amounts of water diverted from each diversion source; and
viii. A description of the irrigation or
				water use practices and irrigation equipment used.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20A - AGRICULTURAL, AQUACULTURAL, AND HORTICULTURAL WATER USAGE CERTIFICATION › Subchapter 3 - AGRICULTURAL WATER USAGE REGISTRATION PROCEDURE › Section 7:20A-3.3 - Registration record

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There shall be
				maintained by the Department and the office of the appropriate county
				agricultural agent a record of all agricultural water usage registrations for
				agricultural, aquacultural, or horticultural purposes, consisting of copies of:
1. The application documents;
2. Determination of water usage requirements
				by the appropriate county agricultural agent;
3. The agricultural water usage registration;
				and
4. All other relevant
				information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20A - AGRICULTURAL, AQUACULTURAL, AND HORTICULTURAL WATER USAGE CERTIFICATION › Subchapter 4 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:20A-4.1 - Authority and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter governs the Department's assessment of civil
				  administrative penalties under the Water Supply Management Act,
				  58:1A-1 et seq., for the violation
				  of any provision of the Act, this chapter, or of any order adopted or issued by
				  the Department pursuant to this chapter. This subchapter also governs the
				  procedure for assessment, settlement and payment of civil administrative
				  penalties and for requesting an adjudicatory hearing on a notice of civil
				  administrative penalty assessment or an administrative order.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20A - AGRICULTURAL, AQUACULTURAL, AND HORTICULTURAL WATER USAGE CERTIFICATION › Subchapter 4 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:20A-4.2 - Procedures for assessment, settlement and payment of civil administrative penalties for violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To assess a
				civil administrative penalty under this subchapter, the Department shall notify
				the violator by certified mail (return receipt requested) or by personal
				service. This notice of civil administrative penalty assessment (NOCAPA) shall:
1. Identify the section of the statute, rule,
				administrative order, or water usage certification or certification condition
				violated;
2. Concisely state the
				alleged facts which constitute the violation;
3. Specify the amount of the civil
				administrative penalty to be imposed; and
4. Advise the violator of the right to
				request an adjudicatory hearing pursuant to the procedures in
				7:20A-4.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20A - AGRICULTURAL, AQUACULTURAL, AND HORTICULTURAL WATER USAGE CERTIFICATION › Subchapter 4 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:20A-4.3 - Procedures to request an adjudicatory hearing to contest an administrative order and/or a notice of civil administrative penalty assessment; procedures for conducting adjudicatory hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To request an
				adjudicatory hearing to contest an administrative order and/or a notice of
				civil administrative penalty assessment issued pursuant this subchapter, the
				violator shall submit the following information, in writing, to the Department
				at 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:
1. The name, address, and telephone number of
				the violator and its authorized representative;
2. The violator's defenses to each of the
				findings of fact stated in short and plain terms;
3. An admission or denial of each of the
				findings of fact. If the violator is without knowledge or information
				sufficient to form a belief as to the truth of a finding, the 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 violator intends in good faith
				to deny only a part or a qualification of a finding, the violator shall specify
				so much of it as is true and material and deny only the remainder. The violator
				may not generally deny all of the findings but shall make all denials as
				specific denials of designated findings. For each finding the violator denies,
				the violator shall allege the fact or facts as the violator believes it or them
				to be;
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 20A - AGRICULTURAL, AQUACULTURAL, AND HORTICULTURAL WATER USAGE CERTIFICATION › Subchapter 4 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:20A-4.4 - Civil administrative penalty determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may assess a civil administrative penalty under this subsection against each
				violator who refuses, inhibits or prohibits immediate lawful entry and
				inspection of any premises, building or place by any authorized Department
				representative. Each day, from the initial day on which the violator refuses,
				inhibits or prohibits immediate lawful entry and inspection by any authorized
				Department representative up to and including the day on which the Department
				receives written notification from the violator that the violator will not
				refuse, inhibit or prohibit immediate lawful entry and inspection, shall
				constitute an additional, separate and distinct violation. The Department shall
				assess the penalty in accordance with (a)1 or 2 below, as applicable, except as
				adjusted pursuant to (d) below:
1. For
				refusing, inhibiting or prohibiting immediate lawful entry and inspection of
				any premises, building or place for which an administrative order or water
				usage certification has been issued under this chapter, the civil
				administrative penalty shall be in an amount up to $ 5,000; or
2. For any other refusal, inhibition or
				prohibition of immediate lawful entry and inspection, the civil administrative
				penalty shall be in an amount up to $ 2,000.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.1 - Scope and construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter constitutes the rules governing disposition of appropriations for the purposes of planning, design, and construction of wastewater treatment facilities. State matching grants (to match Federal grant awards) will be made pursuant to the Clean Waters Bond Act of 1976 ( P.L. 1976, c.92); the Water Conservation Bond Act of 1969 ( P.L. 1969, c.127); the Natural Resources Bond Act of 1980 ( P.L. 1980, c.70); 13:1D-1 et seq.; and 58:11A-1 et seq., and any appropriations to the Department of Environmental Protection for the purpose of providing a State matching share to projects funded under the Federal Clean Water Act and its subsequent amendments.
(b) These rules shall be liberally construed to permit the Department to effectuate the purposes of the law.
(c) The rules in this subchapter are promulgated for the following purposes:
1. To implement the purposes and objectives of the Clean Waters Bond Act of 1976 ( P.L. 1976, c.92); the Water Conservation Bond Act of 1969 ( P.L. 1969, c.127); the Natural Resources Bond Act of 1980 ( P.L. 1980, c.70); 13:1D-1 et seq.; 58:11A-1 et seq., and any appropriations to the Department of Environmental Protection for the purpose of providing a State matching share to projects funded under the Federal Clean Water Act and its subsequent amendments;
2. To establish policies and procedures for distribution of funds for the planning, design and construction of wastewater treatment facilities;
3. To protect the public and the State of New Jersey by insuring that funds appropriated are spent in a proper manner and for the intended purposes;
4. To assure that the distribution and use of funds are consistent with the laws and policies of the State of New Jersey;
5. To establish accounting procedures for the administration of grants; and
6. To establish standards for the construction of wastewater treatment facilities.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.3 - State matching grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall request that the Legislature appropriate funds for the purpose of awarding matching grants under the Clean Waters Bond Act of 1976 ( P.L. 1976, c.92), the Water Conservation Bond Act of 1969 ( P.L. 1969, c.127), and the Natural Resources Bond Act of 1980 ( P.L. 1980, c.70).
(b) The Department shall award State matching grants pursuant to 13:1D-1 et seq., 58:11A-1 et seq., and any appropriations bills providing funds to the Department for the purposes of this subchapter.
1. A project that is eligible for a State matching grant pursuant to this section is not eligible for State assistance from the Wastewater Treatment Fund ( P.L. 1985, c.329) pursuant to N.J.A.C. 7:22-3, the Wastewater Treatment Trust Fund pursuant to N.J.A.C. 7:22-4, the Pinelands Infrastructure Trust Fund pursuant to N.J.A.C. 7:22-6, the Sewage Infrastructure Improvement Act pursuant to N.J.A.C. 7:22A-6 or the Stormwater Management and Combined Sewer Overflow Abatement Fund pursuant to N.J.A.C. 7:22-3.
2. Projects shall receive priority based on the date on which the Federal grant was made.
3. The maximum amount for each project receiving a State matching grant shall be eight percent of the eligible costs.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.4 - Pre-application procedures

Current through Register Vol. 56, No. 14, July 15, 2024
The Department encourages informal inquiries by potential State grant applicants prior to application submission in order to expedite preparation and evaluation of the grant application documents. Such inquiries may relate to procedural or substantive matters and may range from informal telephone advice to pre-arranged briefings of potential applicants.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.5 - Application procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A grant application includes the completed application forms, technical documents and supplementary materials furnished by the applicant. It is the responsibility of the applicant to ensure that the Department has received all necessary documentation in a timely manner. Submissions which do not substantially comply with this subchapter shall not be processed further. Applications shall comply with the following standards:
1. Applications shall be signed by the person authorized by resolution to obligate the applicant to the terms and conditions of the grant.
2. Each application constitutes an offer to accept the requirements of this subchapter and the terms and conditions of the grant agreement.
3. Applications shall be submitted well in advance of the desired grant award date. Generally, processing of a grant application by the Department requires 60 calendar days after receipt of a complete application by the Department where a Federal grant has been awarded. A State grant shall not be made until a Federal grant has been awarded. A grant shall not be made until a State appropriation is made therefor.
4.
(Reserved)
5. The following documents shall be submitted when applying for a State grant:
i. Application for State assistance for wastewater treatment facilities;
ii. Resolution authorizing the filing of an application for State assistance;
iii. Statement of assurances;
iv. Assurance of compliance with Federal and State civil rights conditions;
v. A copy of an executed Federal grant agreement; and
vi. Such other forms as the Department may require.
6. Applications shall be accompanied by all necessary agreements and subagreements.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.6 - Use and disclosure of information

Current through Register Vol. 56, No. 14, July 15, 2024
All grant applications, pre-applications, and other submittals, when received by the Department, constitute public records of the Department. The Department shall make them available to persons who request their release to the extent required by New Jersey and Federal law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.7 - Evaluation of application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall notify the applicant that it has received the application and is evaluating it pursuant to this section. Each application shall be subject to:
1. Preliminary administrative review to determine the completeness of the application;
2. Program, technical, and scientific evaluation to determine the merit and relevance of the project to the Department's program objectives;
3. Budget evaluation to determine whether proposed project costs are eligible, reasonable, applicable, and allowable; and
4. Final administrative evaluation to determine if all items pursuant to 7:22-2.4 were submitted in an acceptable form to the satisfaction of the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.8 - Supplemental information

Current through Register Vol. 56, No. 14, July 15, 2024
At any stage during the evaluation process, the Department may request the applicant to furnish documents or information required by this subchapter as necessary to complete a full review of the application. The Department may suspend its evaluation until such additional information or documents have been received.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.9 - Department approval/disapproval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After a full review and evaluation of an application, the Department shall take one of the following actions:
1. Approve for grant award;
2. Defer, where no State appropriation has been made; or
3. Disapprove the application.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.10 - Amount of a grant

Current through Register Vol. 56, No. 14, July 15, 2024
The amount of a grant shall be determined at the time of grant award. The amount of the grant shall be based upon eligible project costs for which a Federal grant has been awarded. In no event shall the amount of the grant exceed the amount appropriated by the Legislature for the recipient's project. In addition, in no event shall the amount of the grant exceed the amount for which the project is eligible or the amount available for the award of grants.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.11 - State share

Current through Register Vol. 56, No. 14, July 15, 2024
The State share shall be set forth in the grant agreement expressed both as a dollar amount and as a percentage of eligible project costs for which a Federal grant has been awarded. Such dollar amount shall represent the grant ceiling. The State share shall not exceed eight percent of the eligible costs.