New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 7 - COASTAL PERMIT PROGRAM RULES
Subchapter 21 - EMERGENCY AUTHORIZATIONS
Section 7:7-21.3 - Issuance of emergency authorization; conditions
Current through Register Vol. 56, No. 6, March 18, 2024
(a) The Department shall issue or deny an emergency authorization within 15 calendar days after receiving a request that meets the requirements of 7:7-21.2. The Director of the Division of Land Use Regulation, or the Director's designee, shall provide this decision to the person who requested the emergency authorization verbally and, if the decision is to issue the emergency authorization, shall provide written confirmation within five working days thereafter.
(b) Within 20 calendar days after the verbal decision to issue an emergency authorization, the Department shall publish notice of the emergency authorization in the DEP Bulletin.
(c) The Department's written confirmation of its decision to issue the emergency authorization shall include:
(d) The regulated activities authorized under the emergency authorization shall be commenced and conducted within the following timeframes:
(e) The person to whom the emergency authorization is provided shall submit a complete application in accordance with N.J.A.C. 7:7-23 for an authorization under a general permit or for an individual permit for the activities conducted under the emergency authorization within 90 calendar days after the Department's verbal decision is provided in accordance with (a) above, or by a different date established in accordance with (f) below, as applicable.
(f) The Department shall establish a time frame different from those set forth at (d) or (e) above where the applicant demonstrates that the time frame set forth at (d) or (e) cannot feasibly be met for all or a portion of the authorized activities or where the Department determines that a different time frame is necessary to facilitate the regulated activities.
(g) The person to whom the emergency authorization is provided shall conduct all activities authorized under the emergency authorization in accordance with all requirements that apply to that activity under this chapter to the maximum extent practicable.
(h) The general permit authorization or individual permit application submitted under (e) above shall, in addition to meeting the application requirements for the specific general permit authorization or individual permit, include:
(i) Upon review of the application submitted under (e) above, the Department shall require design changes, restoration, and/or stabilization measures as necessary to ensure the requirements of this chapter are met to the maximum extent practicable.
(j) The Department may modify or terminate an emergency authorization at any time without prior notice if the Department determines that modification or termination is necessary to protect public health, safety, and welfare, and/or the environment.
(k) If the person to whom the emergency authorization was provided conducts any regulated activity not authorized under the emergency authorization and/or the general permit or individual permit obtained thereafter for the activities governed by the emergency authorization, such shall constitute a violation of this chapter subject to enforcement action under N.J.A.C. 7:7-29.