N.J. Admin. Code § 7:13-1.4 - Delegation of authority

(a) Except as specified in (e) below, the Department may delegate authority to take action under this chapter to a county governing body. A county governing body seeking to assume all or a portion of the Department's authority under this chapter shall do the following:

1. Retain employees with professional training and education capable of properly administering the permitting program established by this chapter; and

2. Submit to the Department a written request for delegation that includes the following:

i. A description of the aspects of the Department's authority that the county governing body seeks to assume;

ii. An agreement to uphold the requirements of this chapter;

iii. A written statement by the county governing body agreeing to apply for and accept delegation of authority, pursuant to N.J.S.A. 58:16A-55.6, and agreeing to adopt, in the event the request is approved, an ordinance or resolution enabling the body to carry out the delegation. A copy of the proposed ordinance or resolution shall also be provided; and

iv. A detailed description of the personnel, the physical resources and the source and amount of funding the county governing body shall use to fulfill the obligations it seeks to assume.

(b) Within 60 calendar days of receipt of a request by a county governing body in accordance with (a)2 above, the Department shall:

1. Delegate all or a portion of the authority sought by the county governing body. Such delegation may include conditions to ensure compliance with this chapter, and may be for a specified period of time, as the Department deems appropriate; or

2. Deny the request for delegation and provide the reasons why the Department has determined such delegation is not appropriate.

(c) A county governing body that has assumed delegation shall permanently retain, and make available for Department review, a copy of all documents, plans, maps, memoranda and notes necessary to document that it has discharged its delegated duties for each application it processes. The Department shall review these records at least biannually. The Department can at any time terminate delegation if it determines that the county governing body has failed to properly administer the authority delegated to it, or has failed to maintain the necessary documentation.

(d) A county governing body that has assumed delegation shall not charge fees greater than those provided at N.J.A.C. 7:13-20.

(e) The Department shall not delegate authority to approve any of the following:

1. An application under this chapter by a State agency;

2. An application under this chapter by the county governing body itself; and

3. An application under this chapter for an individual permit that involves a hardship exception pursuant to N.J.A.C. 7:13-15.

Notes

N.J. Admin. Code § 7:13-1.4

Amended by 48 N.J.R. 1067(a), effective 6/20/2016