N.J. Admin. Code § 7:20-2.9

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:20-2.9 - Action by the Department to repair and mitigate

(a) Whenever the Commissioner determines that a dam is in imminent danger of failure and has reasonable cause to believe that danger to life or property may be anticipated from the reservoir, dam or appurtenant structures located therein, and the owner of the dam or person having control of the reservoir or dam has failed to comply with an order to repair the dam or to take such interim measures as the Department determines are appropriate, including reducing the amount of water impounded by the dam or breaching the dam, the Department may, in addition to other actions authorized by the Safe Dam Act, this chapter and other law, enter upon any and all properties wherein the reservoir, dam or appurtenant structures are located, and using resources and personnel available to the Department, remove or cause to be removed the dam and/or appurtenant structures located therein, allowing the water to flow freely.

(b) The Department shall provide notice to the owner or person having control of the reservoir or dam prior to the removal action provided for in (a) above. The owner shall, no later than 60 days after receipt of notice, submit to the Department in writing, an implementation plan addressing the proposed actions the owner or person having control of the reservoir or dam intends to take to repair or remove the failed or failing reservoir or dam, along with a schedule for implementation of the proposed actions. Any permits required for the proposed actions shall be applied for within the 60-day time period.

(c) If the proposed actions, schedule and permit applications are timely submitted and the Department in its discretion determines that the proposed actions and schedule will satisfactorily address the danger specified in (a) above, and that the permits applied for can properly be issued, the Department shall allow the owner or person having control of the reservoir or dam to take the actions identified. If the owner or person having control of the reservoir or dam fails to comply with the proposed schedule, the Department may take removal action in (a) above.

(d) Any expenditures made by the Department pursuant to (a) above shall constitute a debt to the State and a lien on all property owned by the owner or person having control of the reservoir or dam. When a certificate of debt incorporating a description of the property subject to the removal action and the costs is filed with the clerk of the Superior Court, the lien shall attach to all revenues and all real and personal property of the owner or person having control of the reservoir or dam.

(e) The lien described in (d) above shall have priority over all other liens, interests or claims on the dam or reservoir property subject to the Department's removal action. However, if that property is six dwelling units or less and used exclusively for residential purposes, the certificate of debt shall not affect any valid lien, claim or interest which was filed prior to the certificate of debt. When the lien described in (d) above affects property other than the property subject to the removal action, it shall have priority from the date of filing but shall not affect any valid lien, interest or claim filed prior to filing of the certificate of debt.

(f) Whenever the owner or person having control of the reservoir or dam is a private lake association or other body representing owners or property adjacent to the reservoir or lake created by the dam or impoundment, liens may be imposed upon the individual owners of the property represented by the association. An owner whose property has such a lien imposed may release the property from a lien claimed under this subsection by filing with the clerk of the Superior Court a cash or surety bond, payable to the Department in the amount of the sums expended by the Department pursuant to this section, including attorney's fees and court costs, or the value of the property after the abatement action is complete, whichever is less.

(g) The provisions of this section shall not limit the use of other remedies available to the Department pursuant to law.

N.J. Admin. Code § 7:20-2.9