N.J. Admin. Code § 7:7A-22.18

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:7A-22.18 - "After the fact" permit

(a) The Department may issue an "after the fact" permit for a regulated or prohibited activity that has already occurred and that does not meet the standards for approval in this chapter only if all of the following are true:

1. The Department has determined that the restoration of the site to its pre-violation condition would increase the harm to a freshwater wetland, transition area, and/or State open water, or its ecology;

2. The Department has assessed and collected the costs or damages enumerated in N.J.A.C. 7:7A-22.14 from the violator;

3. The Department has required the violator to create or restore freshwater wetlands or State open waters at another location;

4. An opportunity has been afforded for public hearing and comment; and

5. The reasons for the issuance of the "after the fact" permit are published in the DEP Bulletin and in a newspaper of general circulation in the geographic area of the violation.

(b) The issuance of an "after the fact" permit or waiver under this section shall not limit the Department's ability to pursue any other enforcement action for the violation that is the subject of the "after the fact" permit or waiver.

(c) Any person violating an "after the fact" permit issued under this section shall be subject to enforcement under this chapter.

N.J. Admin. Code § 7:7A-22.18

Amended and recodified from 7:7A-16.18 by 49 N.J.R. 3849(a), effective 12/18/2017