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FRESHWATER
WETLANDS PROTECTION ACT RULES
N.J.A.C.
7:7A
SUBCHAPTER
8 EMERGENCY PERMITS
Please Note: The Department has made every effort to ensure that the text of this regulation is identical to the official, legally effective version set forth in the New Jersey Register. However, should there be any discrepancies between the text on this web site and the official version of the rule, the official version will govern. For more information on obtaining official versions of the rules, see "How To Get a Paper Copy of Department Rules".
7:7A-8.1 Emergency
permits
7:7A-8.2 Obtaining an emergency permit
N.J.A.C. 7:7A-8.1 Emergency
permits
(a) The Department may issue
a temporary emergency freshwater wetlands permit, open water fill permit,
or transition area waiver only if:
1. An unacceptable threat
to life, severe loss of property, or severe environmental degradation
will occur if an emergency permit is not issued; and
2. The anticipated threat
or loss may occur before a permit or waiver can be issued or modified
under the procedures otherwise required by this chapter.
(b) An emergency permit may
be approved orally by the Director of the Department's Division of Land
Use Regulation or issued in writing, except that if it is approved orally,
the Department shall issue a written authorization within five days
after the oral approval.
(c) The emergency permit shall
incorporate, to the greatest extent practicable and feasible but not
inconsistent with the emergency situation, the standards and criteria
required for non-emergency regulated activities, including mitigation,
and shall:
1. Be limited in duration
to the time required to complete the authorized emergency activity,
not to exceed 90 days;
2. Require mitigation pursuant
to N.J.A.C. 7:7A-15 of the freshwater wetland and/or State open waters
within this 90 day period, except that if more than 90 days from the
issuance of the emergency permit is required to complete mitigation,
the emergency permit may be extended to complete this mitigation only;
4. Specify the procedures
that the permittee must follow under N.J.A.C. 7:7A-8.2 below to obtain
a freshwater wetlands or open water fill permit, or transition area
waiver.
(d) Notice of the issuance
of the emergency permit shall be published and public comments received,
in accordance with the provisions of 40 C.F.R. 124.10 and 124.11, and
of the Federal Act and applicable State law, provided that this notification
shall be mailed no later than 10 days after issuance of the emergency
permit.
(e) The emergency permit may
be terminated at any time without prior hearing upon a determination
by the Department that this action is appropriate to protect human health
or the environment.
(f) Emergency activities in
an area under the jurisdiction of the Pinelands Commission may require
approval by the Pinelands Commission, in accordance with the Pinelands
Comprehensive Management Plan. For information on freshwater wetlands
and transition areas in the Pinelands, contact the Pinelands Commission
at (609) 894-7300 or through its website at www.state.nj.us/ pinelands.
N.J.A.C.
7:7A-8.2 Obtaining an emergency permit
(a) A person in need of an
emergency permit shall inform the Department as to the extent of work
to be performed, the reason for the emergency, and the location of the
project. This information shall include a written description of the
work, plans of the work, and photographs of the site, and shall be presented
to the Department in writing prior to the issuance of the emergency
permit.
(b) If the Department receives
a request for an emergency permit for a major discharge, the Department
will notify the Regional Administrator of Region II of the USEPA before
issuing an emergency permit, and will send a copy of the written permit
to the USEPA upon issuance.
(c) If the Director of the
Department's Land Use Regulation Program gives oral approval for an
emergency permit, the emergency work may be started. The person who
received the oral approval shall keep Department staff informed by telephone
at least once per week regarding the situation at the site. The Department
will offer guidance and instructions in performing the work
(d) If the Director of the
Department's Land Use Regulation Program does not give oral approval,
the Department may issue a written emergency permit at any time within
15 days after the initial request.
(e) Within 15 days after the
Department gives an oral approval under (c) above, the permittee shall
submit the following to the Department:
1. "As-built"
drawings, showing all activities conducted under the emergency permit,
including all excavation, grading, structures, and other regulated activities;
(f) After following the application
review procedures at 7:7A-12, the Department shall issue a freshwater
wetlands permit, open water fill permit, or transition area waiver for
the activities covered by the emergency permit. This permit or waiver
may contain conditions, including, but not limited to, mitigation under
7:7A-15, necessary to minimize and/or compensate for any adverse impacts
to the freshwater wetlands, State open waters, or transition areas resulting
from the activities performed under the emergency permit.
(g) Any regulated activities
performed, other than those described to the Department in the request
for the emergency permit and approved by the Department under this section,
shall constitute a violation that is subject to enforcement action under
7:7A-16.
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