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