N.J. Admin. Code § 7:1F-4.7

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:1F-4.7 - Grounds for denial, suspension, or revocation of a permit

(a) The Department may deny the issuance of a permit under this subchapter, if:

1. The permit application is incomplete, including submission of all applicable fees and financial assurance, or contains false, inaccurate, or insufficient information, or is illegible; or

2. The owner or operator of an underground storage cavern system fails to comply with any requirement of the Act or this chapter.

(b) The Department may suspend a permit, if:

1. The owner or operator of an underground storage cavern system violates any requirements of the permit or provisions of this chapter;

2. The owner or operator of an underground storage cavern system violates a statute, rule, or order of the Department; or

3. The owner or operator of an underground storage cavern system falsifies, or makes false representations to the Department on, any report, record, application requirement, or other permit requirement.

(c) The Department may revoke a permit, if:

1. The permit application contains false, inaccurate, or insufficient information;

2. An authorized representative is denied access to the site;

3. The owner or operator of an underground storage cavern system fails to comply with any requirement of the permit or provisions of the Act or this chapter; or

4. The owner or operator of an underground storage cavern system is performing, or has authorized, an activity that is not in compliance with this chapter.

(d) The Department shall inform the owner and operator of an underground storage cavern system of the denial of issuance, suspension, or revocation of a permit by notice. The notice shall include either specific grounds for the denial of issuance as set forth at (a) above, specific grounds for suspension of a permit as set forth at (b) above, or specific grounds for revocation as set forth at (c) above. The Department shall provide the notice by certified mail or by personal service. The notice will include any conditions necessary to protect the waters of the State, and public health and safety.

(e) The owner and operator of an underground storage cavern system that receives notice from the Department denying, suspending, or revoking a permit shall neither begin any activity proposed in its permit application nor continue any ongoing permitted activity.

(f) The duration of a suspension is at the discretion of the Department and will be determined according to the severity of the violation. The Department will not reinstate a suspended permit until:

1. The entire suspension period has expired; and

2. The reasons for the suspension are eliminated and corrected.

(g) The applicant who believes itself to be aggrieved, with respect to decisions made by the Department regarding any final permit or application denial may contest the decision and request a contested case hearing pursuant to N.J.A.C. 7:1F-7.

N.J. Admin. Code § 7:1F-4.7

Adopted by 55 N.J.R. 905(a), effective 5/1/2023