N.J. Admin. Code § 7:38-6.1 - General provisions
(a) No
person shall undertake any regulated activity without first obtaining a
Highlands Preservation Area Approval from the Department pursuant to this
subchapter.
(b) To be authorized
under an HPAA , a person shall demonstrate that the proposed regulated activity
will comply with the following requirements:
1.N.J.A.C. 7:38-3, and
7:38-6.2 and 6.3, except to the
extent a waiver of any one or more requirements of this chapter is requested in
accordance with
7:38-6.4;
2. The Safe Drinking Water Act rules,
N.J.A.C. 7:10-1, in cases where proposed activity requires construction of a
public community, public noncommunity, or nonpublic water system; and
3. In cases where a New Jersey Pollutant
Discharge Elimination System (NJPDES) permit or treatment works approval (TWA)
is required, the NJPDES and/or TWA rules, N.J.A.C. 7:14A, applied to Highlands
open waters in accordance with the antidegradation provisions of the Surface
Water Quality Standards at N.J.A.C. 7:9B and the Stormwater Management rules at
N.J.A.C. 7:8 applicable to Category One waters.
(c) Each HPAA applies to the entire site upon
which regulated activities occur. An applicant shall not segment a project or
its impacts by applying for an HPAA for one portion of the project at one time
and later applying for an HPAA for to undertake another portion of the same
project. Similarly, an applicant shall not segment a project or its impacts by
separately applying for an HPAA for different portions of the same
project.
(d) The Department shall
not issue an HPAA for any regulated activity in an area identified in the
Regional Master Plan pursuant to N.J.S.A. 13:20-6n as a special area within
which development shall not occur in order to protect water resources and
environmentally sensitive lands.
(e) The Department shall not issue an HPAA
unless the project complies with Stormwater Management rules, N.J.A.C.
7:8.
Notes
See: 37 N.J.R. 4767(a), 38 N.J.R. 5011(a).
In (a), deleted ", including major Highlands
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