SUBCHAPTER 14. TRANSFER, SUSPENSION AND TERMINATION OF AN APPROVAL

7:13-14.1 Transfer of an approval
7:13-14.2 Suspension of an approval
7:13-14.3 Termination of an approval

7:13-14.1 Transfer of an approval

(a)   An approval authorized under this chapter (see N.J.A.C. 7:13-1.3) can be transferred to another person, provided:

1.    The approval is valid;

2.    The approval is not an emergency permit or an individual permit based on a hardship exception;

3.    The approval is transferred to a person who currently owns the site or who is under contract to purchase the site that is the subject of the approval. A transfer to a contract purchaser shall become valid only upon the actual transfer of the site to the new owner; and

4.    The Department determines that the transfer will not alter a basic condition upon which the original approval was granted or otherwise circumvent a requirement of this chapter as described in (b) below.

(b)   The Department shall not transfer an approval if doing so would alter a basic condition or premise upon which the original approval was granted or would otherwise circumvent a requirement of this chapter. For example, an existing lot may be shaped in such a way that the owner must construct a road across a channel in order to access the rear portion of the lot in order to construct a house. In some cases, the Department would, during the review of an individual permit application, consider whether there is another means of accessing the site that would reduce the amount of disturbance to the channel, or which would avoid crossing the channel altogether, such as crossing through a neighboring property. If the owner of a lot demonstrates that there is no feasible means of accessing the rear portion of the lot without crossing the channel, the Department would authorize a road crossing provided all other requirements of this chapter are met. However, if the owner of the lot first obtains an individual permit for such a road crossing, and then sells the lot to an adjacent land owner who already has a roadway across the channel, the basic premise upon which the individual permit was granted no longer exists. Therefore, the Department would not approve the transfer of the approval to the new owner in such a case.

(c)   If the Department approves a regulated activity under a general permit authorization or an individual permit that is not based on a hardship exception, and the subject property is subsequently sold to a new owner, the new owner must obtain a transfer of said approval before commencing or continuing any work authorized under the approval. Should the new owner engage in a regulated activity without the prior transfer of the approval, the approval shall be void and the new owner shall be in violation of this chapter and subject to enforcement action pursuant to N.J.A.C. 7:13-19.

(d)   An applicant seeking to transfer an approval to a new owner (or contract purchaser) shall submit the following to the Department:

1.    The application fee for a transfer as described at N.J.A.C. 7:13-17; and

2.    A written request to transfer the approval, which includes the following:

i.     The notarized signature of each original owner of the site, or any legal designee thereof;

ii.    The name and address of each new owner (or contract purchaser) of the site;

iii.   A list of any adjacent property already owned by the new owner(s); and

iv.   The date the property will be or has been transferred to the new owner(s).

(e)   Workload permitting, the Department shall make a final decision on an application to transfer an approval within 30 calendar days of receiving a complete application.

(f)   A person receiving a transferred approval shall comply with all conditions of the transferred approval.

 

7:13-14.2 Suspension of an approval

(a)   The following are causes for the Department to suspend an approval authorized under this chapter:

1.    The permittee has not complied with a condition of the approval;

2.    The permittee has undertaken activities onsite that are in violation of this chapter;

3.    The permittee has misrepresented or failed to fully disclose all relevant facts pertaining to the approval;

4.    The approval was based on false or inaccurate information; or

5.    The approval has caused significant flooding or unanticipated adverse environmental impacts which have become apparent during the performance of the regulated activities. Examples of unanticipated adverse environmental impacts include excessive erosion, destabilization or undue migration of the channel, and destruction of biota, habitat or vegetation not authorized by the permit.

(b)   If the Department determines that cause exists to suspend an approval for a reason listed at (a) above, the Department shall provide written notice of suspension by certified mail to the permittee. This notice shall:

1.    State the reasons the Department is suspending the approval;

2.    Order the permittee to immediately cease all regulated activities onsite; and

3.    Notify the permittee of the right to make a request, within 10 calendar days of receipt of the notice, for a meeting with the Department.

(c)   Within 30 calendar days after receipt of a notice of suspension under (b) above, the permittee shall submit a plan to the Department proposing to remedy the reasons for the suspension as stated in the notice. Such a plan shall be implemented immediately upon approval by the Department and shall propose to remedy all noncompliance and unanticipated impacts within 60 calendar days of approval.

(d)   Within 15 calendar days after the Department receives a complete remediation plan under (c) above, the Department shall:

1.    Approve the remediation plan with conditions where necessary, and reinstate the approval with revisions where necessary to achieve compliance with this chapter; or

2.    Determine that the remediation plan is inadequate to achieve compliance and notify the applicant of intent to terminate the approval pursuant to N.J.A.C. 7:13-14.3(b).

(e)   Nothing in this section shall prevent the Department from taking enforcement action pursuant to N.J.A.C. 7:13-19.

 

7:13-14.3 Termination of an approval

(a)   The following are causes for the Department to terminate an approval which has been suspended under N.J.A.C. 7:13-14.2:

1.    The permittee has not ceased all regulated activities pursuant to N.J.A.C. 7:13-14.2(b)2;

2.    The permittee has not submitted a remediation plan pursuant to N.J.A.C. 7:13-14.2(c);

3.    The Department has determined that the remediation plan submitted pursuant to N.J.A.C. 7:13-14.2(c) is inadequate to achieve compliance; or

4.    The permittee fails to remedy non-compliance with a condition of the approval.

(b)   If the Department determines that cause exists to terminate an approval for a reason listed at (a) above, the Department shall provide written notice of intent to terminate the approval by certified mail to the permittee. The permittee shall cease all regulated activities immediately upon receiving the notice. Within 10 calendar days after receiving the notice, the permittee shall:

1.    Submit a plan to the Department proposing to remedy the causes for the termination as stated in the notice; or

2.    Request an adjudicatory hearing under N.J.A.C. 7:13-18.

(c)   If the permittee has not taken one of the actions required at (b) above within 10 calendar days after receiving the Department's notice, the approval shall automatically terminate and the permittee shall remedy any violations of this chapter and/or unanticipated adverse impacts to flooding or the environment caused by the project, and shall restore the site to its pre-activity condition where feasible. Once the impacts or violations are remedied, the Department may reinstate the permit or require the applicant to apply for a new permit.

(d)   Nothing in this section shall prevent the Department from taking enforcement action pursuant to N.J.A.C. 7:13-19.