SUBCHAPTER 12. EMERGENCY PERMITS

7:13-12.1 Requirements for issuing an emergency permit
7:13-12.2 Procedures after an emergency permit is issued

7:13-12.1 Requirements for issuing an emergency permit

(a)   An emergency permit is an authorization to undertake a regulated activity that the Department will issue when conditions warrant immediate action to protect the environment and/or public health, safety and welfare.

(b)   The Department shall approve an emergency permit only if the following requirements are satisfied:

1.    Severe environmental degradation will occur if an emergency permit is not issued and/or there is an immediate and extraordinary risk to property or the public health, safety and welfare; and

2.    There is a high probability that the environmental degradation or impact to property or the public health, safety and welfare will occur before a flood hazard area individual permit or general permit authorization could be obtained under the otherwise applicable requirements of this chapter.

(c)   An applicant for an emergency permit shall provide the Department with the following by telephone, and in addition by fax, electronic mail or letter, if possible:

1.    The nature of the emergency;

2.    The cause of the emergency;

3.    The date and time at which the applicant learned of the emergency;

4.    The nature and extent of the proposed regulated activities;

5.    The date by which the applicant expects to begin the proposed regulated activities;

6.    The date by which the applicant expects to complete the proposed regulated activities;

7.    The precise location of the proposed regulated activities, including lot, block, municipality and county;

8.    The identity of the owner of the site where the regulated activities are proposed;

9.    A demonstration that the property owner has given permission for the regulated activities to be performed or, in the case of a public entity intending to undertake regulated activities on private property through power of eminent domain, a written statement of the public entity's intent; and

10.  If notice to the Department is also made by fax, electronic mail or letter, photographs of the area in question and a drawing of the proposed emergency activities, where feasible.

(d)   If the Department determines that the requirements of (b) and (c) above are satisfied, the Director of the Division of Land Use Regulation, or the Director's designee, shall provide verbal approval of the necessary activities. This verbal approval shall be followed within five working days by a written confirmation of the emergency permit from the Department.

(e)   No public notice or fee is required for an emergency permit. However, either an individual permit (which requires public notice and an application fee) or a general permit authorization (which requires an application fee, except for general permits 1 and 6) must be obtained after an emergency permit is issued under N.J.A.C. 7:13-12.2.

 

7:13-12.2 Procedures after an emergency permit is issued

(a)   The permittee shall commence the approved emergency activities within 30 calendar days after the Department's verbal approval of the emergency permit, unless extended in accordance with (d) below. If the emergency activities are not commenced within 30 calendar days of the Department's verbal approval, the emergency permit is void.

(b)   Once commenced, all regulated activities authorized under the emergency permit shall be completed, and the emergency permit shall expire, within 60 calendar days of the Department's verbal approval, unless extended in accordance with (d) below. If the regulated activities authorized under the emergency permit are not completed by this expiration date, these regulated activities shall cease until an individual permit, general permit authorization or another emergency permit is obtained from the Department for the regulated activities.

(c)   The permittee shall submit to the Department a complete application for an individual permit or a general permit authorization for the completed activities within 90 calendar days of the Department's verbal approval of the emergency permit, unless extended in accordance with (d) below. The application shall include the following:

1.    A demonstration that the regulated activities comply with this chapter; and

2.    "As-built" drawings, signed and sealed by a engineer, land surveyor or architect, as appropriate, showing the regulated activities that were conducted under the emergency permit.

(d)   The Department shall extend the 30-day, 60-day and/or 90-day periods established in (a), (b) and (c) above if the applicant demonstrates that the specified requirements cannot feasibly be satisfied within these allotted time frames.

(e)   Any activity performed under an emergency permit shall meet all requirements that apply to that activity under this chapter to the fullest extent possible. Upon review of the permit application and associated as-built drawings required in (c) above, the Department shall require modification, restoration and/or stabilization measures as necessary to ensure compliance with this chapter.