N.J. Admin. Code § 7:38-7.2 - Obtaining an emergency permit

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

(a) A person applying for an emergency HPAA shall provide the following information to the Department:
1. The lot, block, street address and municipality of the proposed project, and the name and address of the land owners;
2. The exact nature of the emergency, and why the applicant believes it constitutes an unacceptable threat to human life, a severe loss of property, and/or severe environmental degradation;
3. The reasons why the emergency cannot be controlled or eliminated pending submission and review of a normal HPAA application;
4. The extent of work to be performed, and the names of the contractors performing the work, if known;
5. The extent of work in freshwater wetlands or State open waters and the proposed mitigation for that activity;
6. The number of days within which the proposed work, including mitigation, will be completed;
7. A general description of additional work that will be undertaken after completion of the mitigation and emergency work;
8. Plans depicting the emergency work and mitigation;
9. Photographs of the site depicting the emergency, to the extent possible;
10. The names and contact numbers of persons with factual knowledge of the emergency condition, and a written statement from those persons which documents the existence of the emergency;
11. The names and contact numbers of all professional engineers, consultants, or others with personal knowledge of the emergency condition, and a written statement from those persons as necessary to document the existence of the emergency;
12. When available, "as-built" drawings, showing all activities conducted under the emergency permit, including all excavation, grading, structures, and other regulated activities and a complete analysis of compliance with each of the standards contained in N.J.A.C. 7:38-3 and 6.2;
13. The applicable fee for an HPAA specified at N.J.A.C. 7:38-10; and
14. Any other information necessary for the Department to ensure compliance with this chapter.
(b) Persons performing work pursuant to an emergency HPAA shall speak directly with Department staff by telephone at least once per week to discuss the emergency situation at the site and shall be responsible for advising the Department of any additional work that may be required to address the existing emergency or any new emergency that arises on the site.
(c) No person shall perform any activity regulated under this chapter unless specifically authorized in the emergency HPAA.


N.J. Admin. Code § 7:38-7.2
Amended by R.2006 d.420, effective 12/4/2006.
See: 37 N.J.R. 4767(a), 38 N.J.R. 5011(a).
In (a)12, inserted "and 6.2" at the end.

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