N.J. Admin. Code § 7:38-7.1

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

Section 7:38-7.1 - Emergency permits

(a) The Department may issue a temporary, emergency HPAA only if it determines that:

1. An unacceptable threat to human life, a severe loss of property, and/or severe environmental degradation will occur if an emergency HPAA is not issued; and

2. The anticipated threat or loss will likely occur before an HPAA can be issued using the ordinary procedures of this chapter.

(b) The Department shall grant or deny a written request for an emergency HPAA made pursuant to N.J.A.C. 7:38-7.2(a), no later than 10 business days following the day the Department receives a written request for an emergency HPAA. While requests may be faxed to the Director of the Land Use Program, the time within which the Department is obligated to grant or deny the request shall commence on the day the Department receives a mailed or hand-delivered copy of the request.

(c) The permittee shall comply with any condition or requirement contained in an emergency permit issued pursuant to this subchapter. Work under an emergency HPAA may commence upon the permittees receipt of a written emergency HPAA or upon oral authorization by the Director of the Land Use Regulation Program or the Director's designee. The Department shall fax a letter memorializing the oral authorization to the applicant, who shall post it at the work site until receipt of the written emergency HPAA which shall be issued no later than ten business days after the oral authorization is given.

(d) Any emergency HPAA the Department issues shall include, to the greatest extent practicable under the emergency:

1. The normal application criteria and performance standards of this chapter including mitigation for damage to freshwater wetlands;

2. "As-built" drawings, showing all activities conducted under the emergency permit, including all excavation, grading, structures, and other regulated activities;

3. A complete analysis of compliance with each of the standards contained in N.J.A.C. 7:38-3 and 6.2;

4. The applicable fee specified at N.J.A.C. 7:38-10; and

5. Any other conditions necessary for the Department to ensure compliance with this chapter.

(e) Application review procedures at N.J.A.C. 7:38-11 shall apply to requests for emergency HPAAs to the extent possible, given the gravity of the emergency as documented by the applicant.

(f) The Department may, in its discretion, make the issuance of an emergency HPAA conditional upon the applicant submitting an application for a regular HPAA by a deadline specified by the Department.

(g) An emergency HPAA shall expire:

1. Upon the date stipulated by the Department in the permit;

2. Upon completion of the authorized activity; or

3. Upon the 90th calendar day from the date of the written authorization, whichever shall occur first.

(h) An emergency HPAA shall fully describe the activities authorized by the Department, state the procedures the permittee must follow under N.J.A.C. 7:38-7.2, and any other conditions attached to the issuance of the permit, such as written submissions corroborating oral statements about the emergency made to the Director or his or her staff by professional engineers, consultants or other persons with personal knowledge of the emergency.

(i) A permittee shall post a copy of the written emergency HPAA at a publicly accessible portion of the work site and remove it when the permit expires.

(j) The Director of the Land Use Regulation Program shall provide notice of the issuance of any emergency HPAA:

1. To the clerk of the municipality in which the work is being done to avoid unnecessary complaints of illegal work;

2. To the Highlands Council;

3. To the Coastal and Land Use Enforcement Program so that appropriate site inspections can be made; and

4. If the work authorized pursuant to an emergency HPAA affects a Highlands open water that is also a freshwater wetland or State open water pursuant to N.J.A.C. 7:7A, the Director shall also provide notice to the Regional EPA Administrator.

(k) The Department may immediately terminate any emergency HPAA if necessary to protect human health or the environment, or if it determines that the authorized work no longer meets the criteria for permit issuance under (a) above. The Department shall provide notice of any early termination of an emergency HPAA to the municipal Clerk, the Highlands Council, the Coastal and Land Use Enforcement Program, and if applicable, the U.S. Environmental Protection Agency.

(l) The Department may extend an emergency HPAA only for the purpose of allowing the permittee to complete mitigation under N.J.A.C. 7:7A.

N.J. Admin. Code § 7:38-7.1

Amended by R.2006 d.420, effective 12/4/2006.
See: 37 N.J.R. 4767(a), 38 N.J.R. 5011(a).
In (c), deleted "in the Director's absence," preceding "the Director's designee" and "Director's" following "letter memorializing the"; and in (d)3, inserted "and 6.2" at the end.