N.J. Admin. Code § 16:41-7.1

Current through Register Vol. 57, No. 1, January 6, 2025

Section 16:41-7.1 - Appeal process

(a) Emergent situations may arise out of the violation of a condition of the permit, or they may occur as a result of situations that are not associated with a permit violation. If the emergent situation is not related to the violation of a permit condition, the Department may require the issuance of a permit within five days to allow the utility onto the right-of-way in order to remedy the situation. When an emergent situation occurs, the Department shall notify the permittee or utility of the emergency. In the event of an emergency, the permittee or utility shall:

1. Immediately dispatch a representative to the site of the emergency. The representative shall be on site within four hours or as otherwise directed by the Department;

2. Immediately stabilize the situation in order to restore the free and safe movement of traffic;

3. Provide, for the Department's review and concurrence, a timeline for the completion of permanent repairs; and

4. Complete the permanent repairs within the timeline approved by the Department.

(b) If the emergent situation arises from a permit violation and the permittee fails to comply with the provisions of (a) above, the permit shall expire and the Department may either remedy the violation or terminate the activity and shall deduct the full cost of any work done from the amount of any bond, check, or money order held by the Department. If the amount of the guarantee is less than the cost of the repairs performed for the Department, the Department shall bill the permittee for the balance due. If the permittee does not pay the balance due within 30 days of billing, the Department may initiate legal action.

(c) If the utility fails to make the designated repairs within the specified time period, the Department may initiate legal action.

(d) Under unusual or emergency conditions, the Operations Permit Office shall be contacted at (732) 625-4330. The office may issue oral approvals for activity to be covered by a subsequently issued permit. Unusual or emergency conditions shall exist when, in the determination of the Operations Permit Office, issuance of the oral approval is necessary to protect against an imminent threat to public health, safety, welfare, life, limb, or property. If the Operations Permit Office grants oral approval, the applicant shall submit an application as outlined in this chapter within five business days of the date the Operations Permit Office grants the oral approval.

N.J. Admin. Code § 16:41-7.1

Amended by 46 N.J.R. 2180(a), effective 11/3/2014.

Amended by 47 N.J.R. 1980(a), effective 8/3/2015

Adopted by 48 N.J.R. 497(a), effective 3/21/2016