N.J. Admin. Code § 7:7A-20.8 - Suspension of a waiver, an authorization under a general permit, an individual permit, or an emergency authorization

(a) The Department shall suspend an individual permit, a waiver, general permit authorization, or an emergency authorization for good cause, including, but not limited to, the following:

1. The waiver, authorization under a general permit, individual permit, or emergency authorization was based on false or inaccurate information;

2. The permittee or person to whom an emergency authorization was issued has not complied with a condition of the waiver, authorization under a general permit, individual permit, or emergency authorization;

3. The permittee or person to whom an emergency authorization was issued has undertaken activities onsite that violate this chapter;

4. The permittee or person to whom an emergency authorization was issued has misrepresented or failed to fully disclose all relevant facts pertaining to the waiver, authorization under a general permit, individual permit, or emergency authorization;

5. The permittee or person to whom an emergency authorization was issued has failed to fully and correctly identify impacts of the regulated activity or project in the application for the waiver, authorization under a general permit, individual permit, or emergency authorization;

6. The regulated activities conducted pursuant to the waiver, authorization under a general permit, individual permit, or emergency authorization have caused unanticipated environmental impacts;

7. The permittee or person to whom an emergency authorization was issued has made a change in the project that, under N.J.A.C. 7:7A-20.6, would require a modification to the waiver, authorization under a general permit, or individual permit, but the permittee did not first obtain the required modification; or

8. The Department determines that suspension of the waiver, authorization under a general permit, individual permit, or emergency authorization is necessary for emergency reasons or to protect public health, safety, and welfare, or the environment.

(b) The Department shall provide written notice of a suspension by certified mail to the permittee or person to whom the waiver, permit, or authorization was issued in accordance with (c) below, except if the waiver, authorization under a general permit, individual permit, or emergency authorization is suspended for emergency reasons, in which case the Department shall contact the permittee or person to whom the waiver was issued by telephone or by any practical method, and will follow up with written notice.

(c) A notice of suspension shall:

1. State that the waiver, authorization under a general permit, individual permit, or emergency authorization is suspended upon the receipt of the notice by the permittee;

2. Include the reasons for the suspension;

3. State that all regulated activities authorized under the suspended transition area waiver, authorization under a general permit, individual permit, or emergency authorization shall cease immediately upon receipt of the notice by the permittee; and

4. Notify the permittee of the right to, within 10 calendar days after the permittee receives the notice, request:

i. A meeting with the Department to discuss the suspension; and/or

ii. An adjudicatory hearing in accordance with N.J.A.C. 7:7A-21.

(d) Within 30 calendar days after receiving a notice of suspension under (b) above, the permittee shall provide the Department with a written strategy to remedy the cause(s) of the suspension. The written strategy shall include:

1. A description of how the strategy will remedy the cause(s) of the suspension;

2. A demonstration that the strategy will bring the regulated activity or project into compliance with this chapter; and

3. A proposed timeframe within which the permittee will execute the strategy.

(e) Within 30 calendar days after the Department receives the written strategy required under (d) above, the Department shall take one of the following actions:

1. Accept the strategy, reinstate the transition area waiver, authorization under a general permit, individual permit, or emergency authorization, and require the permittee to implement the strategy within a prescribed timeframe. The Department may add conditions or revisions as necessary to ensure that the strategy achieves compliance with this chapter;

2. Determine that the strategy is insufficient and request additional detail, information, and/or changes to the strategy, in order to remedy the non-compliance. Within 15 calendar days after the Department receives the requested information, the Department shall take either the action described at (e)1 above or the action described at (e)3 below; or

3. Determine that the strategy is unacceptable to achieve compliance with this chapter, and notify the permittee of its intent to terminate the transition area waiver, authorization under a general permit, individual permit, or emergency authorization pursuant to N.J.A.C. 7:7A-20.9

(f) Noncompliance with any of the requirements of this section shall constitute cause for the Department to terminate the transition area waiver, authorization under a general permit, individual permit, or emergency authorization under N.J.A.C. 7:7A-20.9.

Notes

N.J. Admin. Code § 7:7A-20.8

Adopted and recodified from N.J.A.C. 7:7A-14.4 by 49 N.J.R. 3849(a), effective 12/18/2017