N.J. Admin. Code § 7:7A-14.3 - Issuance of emergency authorization; conditions

(a) The Department shall issue or deny an emergency authorization within 15 calendar days after receiving a request that meets the requirements of N.J.A.C. 7:7A-14.2. The Director of the Division of Land Use Regulation, or the Director's designee, shall provide this decision to the person who requested the emergency authorization verbally and, if the decision is to issue the emergency authorization, shall provide written confirmation within five working days thereafter.

(b) Notice of the issuance of the emergency permit shall be published and public comments received, in accordance with the provisions of 40 CFR 124.10 and 124.11, and of the Federal Act and applicable State law, provided that this notification shall be mailed no later than 10 days after issuance of the emergency permit.

(c) The Department's written confirmation of its decision to issue the emergency authorization shall include:

1. A full description of the activities authorized under the emergency authorization;

2. The timeframes within which the regulated activities authorized under the emergency authorization must be commenced and conducted as set forth in (e) below;

3. A requirement that the person conducting the regulated activities authorized under the emergency authorization provide regular updates of progress at the site;

4. Any limits or other criteria necessary to ensure compliance to the maximum extent practicable with all requirements of this chapter; and

5. A requirement to provide mitigation for impacts to wetlands, State open waters, and transition areas in accordance with N.J.A.C. 7:7A-11, as appropriate.

(d) If the Department receives a request for an emergency authorization for a major discharge, the Department will notify the Regional Administrator of Region II of the USEPA before issuing an emergency permit, and will send a copy of the written permit to the USEPA upon issuance.

(e) The regulated activities authorized under the emergency authorization shall be commenced and conducted within the following timeframes:

1. Activities authorized under the emergency authorization shall be commenced within 30 calendar days after the Department's verbal decision is provided pursuant to (a) above, unless the Department establishes a different timeframe in accordance with (g) below. If the emergency activities are not commenced within 30 calendar days or by the date established under (g) below, as applicable, the emergency authorization is automatically void as of the 30th calendar day after the verbal approval or as of the date established in accordance with (g) below, as applicable; and

2. Activities authorized under the emergency authorization, including any required restoration, shall be completed within 60 calendar days after the Department's verbal decision is provided in accordance with (a) above, unless the Department establishes a different timeframe in accordance with (g) below. If the regulated activities authorized under the emergency authorization are not completed within 60 calendar days or by the date established in accordance with (g) below, as applicable, the regulated activities shall cease until either a permit is obtained, or another emergency authorization is obtained.

(f) The person to whom the emergency authorization is provided shall submit a complete application in accordance with N.J.A.C. 7:7A-16 for a permit for the activities conducted under the emergency authorization within 90 calendar days after the Department's verbal decision is provided in accordance with (a) above, or by a different date established in accordance with (g) below, as applicable.

(g) The Department shall establish a timeframe different from those set forth at (e) or (f) above where the applicant demonstrates that the timeframe set forth at (e) or (f) cannot feasibly be met for all or a portion of the authorized activities or where the Department determines that a different timeframe is necessary to facilitate the regulated activities. Except where further time is required to complete restoration of the freshwater wetland subsequent to completion of the emergency activity, in no case will an emergency authorization extend for more than 90 days.

(h) The person to whom the emergency authorization is provided shall conduct all activities authorized under the emergency authorization in accordance with all requirements that apply to that activity under this chapter to the maximum extent practicable.

(i) The permit application submitted under (f) above shall, in addition to meeting the application requirements for the specific permit, include:

1. A demonstration that the regulated activities conducted under the emergency authorization meet the requirements of this chapter, or an explanation as to why full compliance could not be achieved; and

2. "As-built" site plans, signed and sealed by an engineer, land surveyor, or architect, as appropriate, showing the regulated activities that were or are being conducted under the emergency authorization.

(j) Upon review of the application submitted under (f) above, the Department shall require design changes, restoration, and/or stabilization measures as necessary to ensure the requirements of this chapter are met to the maximum extent practicable.

(k) The Department may modify or terminate an emergency authorization at any time without prior notice if the Department determines that modification or termination is necessary to protect public health, safety, and welfare, and/or the environment.

(l) If the person to whom the emergency authorization was provided conducts any regulated activity not authorized under the emergency authorization and/or the permit obtained thereafter for the activities governed by the emergency authorization, such shall constitute a violation of this chapter subject to enforcement action under N.J.A.C. 7:7A-22.

Notes

N.J. Admin. Code § 7:7A-14.3

Adopted by 49 N.J.R. 3849(a), effective 12/18/2017