N.J. Admin. Code § 7:7A-5.2 - Standards for issuance, by rulemaking, of general permits-by-certification and general permits

(a) The Department will, in accordance with the rulemaking provisions of the New Jersey Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., promulgate each general permit-by-certification or general permit, except for general permit numbers 6 and 7, after publication of a notice of rule proposal in the New Jersey Register and consideration of public comment. In addition, the Department will send a copy of the draft general permit-by-certification or general permit to the USEPA, and will follow the procedures for USEPA comment found at N.J.A.C. 7:7A-19.5.

(b) The Department will promulgate a general permit-by-certification or general permit only if all of the following conditions are met:

1. The Department determines that the regulated activities will cause only minimal adverse environmental impacts when performed separately, will have only minimal cumulative adverse impacts on the environment, and will cause only minor impacts on freshwater wetlands and State open waters;

2. The Department determines that the activity will conform to the purposes of the Freshwater Wetlands Protection Act, and will not violate the Federal Act; and

3. The Department has provided public notice and an opportunity for a public hearing with respect to the proposed general permit-by-certification or general permit. After a general permit-by-certification or general permit has been promulgated pursuant to this subchapter, the Department will not hold public hearings on individual applications for authorization under a general permit-by-certification or general permit.

(c) Each general permit-by-certification or general permit shall contain limitations as necessary to comply with Federal regulations governing the Department's assumption of the Federal 404 program at 40 CFR 233.21(c) as follows:

1. A description of the activities which are authorized, including limits for any single project. At a minimum, these limits shall include:

i. The maximum quantity of material that may be discharged;

ii. The type(s) of material that may be discharged;

iii. The depth of fill permitted;

iv. The maximum extent to which an area may be modified; and

v. The size and type of structure that may be constructed; and

2. A precise description of the geographic area to which the general permit-by-certification or general permit applies, including, when appropriate, limits on the type(s) of water(s) or wetlands where activities may be conducted.

(d) The Department will include in each general permit-by-certification or general permit promulgated pursuant to this subchapter appropriate conditions applicable to particular types of sites or development that must be met in order for a proposed activity to qualify for authorization under the general permit-by-certification or general permit.

(e) The Department may, through rulemaking in accordance with the New Jersey Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., repeal a general permit-by-certification or general permit and thereafter require individual permits for activities previously covered by the general permit-by-certification or general permit, if it finds that the general permit-by-certification or general permit no longer meets the standards of the Freshwater Wetlands Protection Act and this chapter.

(f) The Department shall review each general permit at least every five years. This review shall include public notice and opportunity for public hearing. Upon this review the Department shall modify, readopt or repeal each general permit.

(g) If a general permit is not modified or readopted in accordance with (f) above within five years of publication of its adoption in the New Jersey Register, it shall automatically expire.

Notes

N.J. Admin. Code § 7:7A-5.2

Amended and recodified from 7:7A-4.1 by 49 N.J.R. 3849(a), effective 12/18/2017