N.J. Admin. Code § 7:38-12.2 - Establishing conditions to an HPAA (with or without waiver)

Current through Register Vol. 54, No. 7, April 4, 2022

(a) In addition to the standard conditions set forth in 7:38-12.1, the Department shall impose those special conditions on individual HPAAs as required to ensure the proposed activity complies with any judgment, court order or applicable law including, but not limited to, the Highlands Act, the State Water Pollution Control Act, the Federal Clean Water Act and their implementing rules and regulations.
(b) In addition to the standard requirements in 7:38-12.1, each HPAA shall include the following information, as applicable:
1. A specific identification and description of the authorized activity, including:
i. The name and address of the permittee and the HPAA identification number;
ii. The use or purpose of the major Highlands development authorized in the HPAA;
iii. The type and quantity of the materials to be discharged or used as fill;
iv. A description of the structures to be erected;
v. The location and boundaries of the activity site(s), including a detailed sketch and the name and description of affected Highlands Resource areas; and
vi. Identification of the specific site plans depicting the approved regulated activity(ies);
2. For activities permitted in freshwater wetlands or State open waters as defined at N.J.A.C. 7:7A, provisions ensuring that the regulated activity will be conducted in compliance with the Highlands Act, its implementing rules and the environmental guidelines issued under section 404(b)(1) of the Federal Act ( 40 C.F.R. Part 230 ), including conditions to ensure that the regulated activity shall be conducted in a manner which minimizes adverse impacts upon the physical, chemical, and biological integrity of the waters of the United States, such as requirements for restoration or mitigation;
3. Any requirements necessary to comply with water quality standards established under applicable Federal or State law. If an applicable water quality standard is promulgated or modified after an HPAA is issued, the Department shall modify the HPAA to include the new standard if appropriate. In assessing whether HPAA modification to include new water quality standards is appropriate, the Department shall consider:
i. Whether the permittee has obtained preliminary or final site plan or subdivision approval;
ii. Whether construction has commenced;
iii. The estimated cost to the permittee of complying with the new water quality standard;
iv. Whether the development can meet the new water quality standard if constructed as originally approved;
v. Pertinent provisions of the permittee's acquisition or purchase agreement and mortgage financing, if any; and
vi. Any other information the Department deems relevant;
4. Requirements necessary to comply with any applicable toxic effluent standard or prohibition under section 307(a) of the Federal Act or applicable State or local law. If an applicable toxic effluent standard or prohibition is promulgated or modified after the HPAA is issued, the HPAA shall be modified as provided in (b)3 above;
5. A specific date on which the HPAA shall automatically expire if the authorized work has not been commenced; and
6. Reporting of monitoring results. All HPAAs shall specify:
i. Requirements concerning the proper use, maintenance, and installation, when appropriate, of monitoring equipment or methods (including biological monitoring methods when appropriate);
ii. Required monitoring including type, intervals, and frequency sufficient to yield data representative of the monitored activity including, when appropriate, continuous monitoring 24-hours a day; and
iii. Any additional reporting requirements the Department determines are justified based upon the actual or potential adverse impact of the regulated activity.
(c) The Department may, in its discretion, require a preconstruction meeting at the location of the proposed development and shall specify how many days prior to construction the permittee must notify the Department so that the preconstruction meeting can be scheduled.
(d) Some HPAA conditions may be incorporated into a permit by reference, and shall appear in the permit as a specific citation to the applicable regulations or requirements.

Notes

N.J. Admin. Code § 7:38-12.2

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