FRESHWATER WETLANDS PROTECTION ACT RULES

N.J.A.C. 7:7A

SUBCHAPTER 14 CHANGES TO ISSUED PERMITS OR WAIVERS

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7:7A-14.1 General provisions for changing an issued permit
7:7A-14.2 Transfer of a permit
7:7A-14.3 Modification of a permit
7:7A-14.4 Suspension of a permit, waiver, or general permit authorization
7:7A-14.5 Termination of a permit
7:7A-14.6 Permit extensions


N.J.A.C. 7:7A-14.1 General provisions for changing an issued permit

(a) The Department may modify a permit, including a waiver or general permit authorization for cause, or may approve a modification in response to a modification application from the permittee. The Department shall process a modification in accordance with N.J.A.C. 7:7A-14.3.

(b) The Department shall suspend a permit for cause in accordance with N.J.A.C. 7:7A-14.4, or in response to a request from the permittee.

(c) The Department shall terminate a permit for cause in accordance with N.J.A.C. 7:7A-14.5, or in response to a request from the permittee.

(d) The Department may extend a permit in accordance with N.J.A.C. 7:7A-14.6.

(e) Each modification, suspension, or termination that would require EPA review under N.J.A.C. 7:7A-12.2 if it were an application for a new permit shall be transmitted to EPA for review.

(f) The Department shall not modify, suspend, or terminate a Federal 404 permit if USEPA objects under N.J.A.C. 7:7A-12.2.

(g) The Department need not modify, suspend or terminate a permit prior to taking enforcement action under N.J.A.C. 7:7A-16.

N.J.A.C. 7:7A-14.2 Transfer of a permit

If a permittee wishes to transfer ownership of a site to another person or ownership of permitted activities on a site to another person, the permittee shall submit an application for a modification, which meets the requirements at N.J.A.C. 7:7A-14.3 prior to transferring the permit. If all permitted activities are completed, including any required mitigation, a modification is not required. Unless a permit modification has been issued to the new permittee, only the original permittee may conduct regulated activities on the site.

N.J.A.C. 7:7A-14.3 Modification of a permit

(a) With the exception of a modification due to a change in ownership or operational control of a project, as described in (c)3 below, which is mandatory, a modification of a permit, including a transition area waiver or general permit authorization, may be requested by a permittee or, in the cases set forth at (f) below, the Department may modify a permit on its own initiative.

(b) A permittee shall apply for a change to an existing permit through one of the following:

(c) The following changes are minor modifications that may be made to any permit or in the case of a change in ownership or operational control shall be made to any permit, including a general permit authorization or transition area waiver:

(1) The permit is valid;

(2) The permit is not an emergency permit;

(d) Any change not listed at (c) above as a minor modification, if affecting a project covered by an individual freshwater wetlands permit, open water fill permit, or transition area waiver, shall constitute a major modification. To obtain approval for a major modification, an applicant shall meet the same substantive and procedural standards that would apply to an application for a new individual permit, except that the application need only address the portions of the permit affected by the proposed modification. Portions of the permit that are not affected by the proposed modification are not subject to public notice, public hearing, Department review, or other procedures that would apply to an application for a new individual permit.

(e) Any change not listed at (c) above as a minor modification, if affecting a project covered by a general permit authorization, shall meet the following requirements:

(f) The following are causes for which the Department may modify a permit, including a transition area waiver or general permit authorization, on its own initiative:

(g) If the Department intends to modify a permit, the Department shall notify the permittee in writing. The notice shall:

(h) An applicant for a modification shall follow the procedures at N.J.A.C. 7:7A-10.7. An application for a modification to a general permit authorization does not require public notice in accordance with N.J.A.C. 7:7A-10.8. An application for a minor modification does not require a fee under N.J.A.C. 7:7A-11, or public notice under N.J.A.C. 7:7A-10.8.

(i) An application for a modification shall be reviewed in accordance with the applicable provisions of N.J.A.C. 7:7A-12, Department review of applications.

N.J.A.C. 7:7A-14.4 Suspension of a permit, waiver, or general permit authorization

(a) When the Department suspends a permit, including a waiver or general permit authorization, any work that is being conducted under the authority of the permit shall stop immediately upon receipt of the notice required under (c) below.

(b) The Department shall suspend a permit if:

(c) The Department shall notify the permittee of a suspension in writing. The notice shall:

(d) If the permittee requests a public hearing regarding the suspension, the Department and permittee shall follow the procedures at N.J.A.C. 7:7A-12.4.

(e) The Department shall reinstate, modify or terminate the permit after the hearing or meeting or, if no hearing or meeting is held, within a reasonable amount of time after the notice required under (c) above.

N.J.A.C. 7:7A-14.5 Termination of a permit

(a) The following are causes for the Department to terminate a permit, including a waiver or general permit authorization, during its term, or to deny a permit extension:

(b) Prior to a termination, the Department shall furnish written notice to the permittee by certified mail. The permittee shall stop all regulated activities immediately upon receiving the notice. Within 10 days after receiving the notice, the permittee shall:

(c) If the permittee has not taken one of the actions required at (b) above within 10 days after receiving the Department's notice, the permit, waiver, or general permit authorization shall automatically terminate and the permittee shall remedy the unanticipated negative environmental impacts or violations. Once the impacts or violations are remedied, the Department may reinstate the permit or require the applicant to apply for a new permit.

(d) If a permittee submits a plan under (b)2 above, the permittee shall begin implementation of the plan immediately upon the Department's approval of the plan, and shall remedy the violations or unanticipated impact within 60 days.

(e) If a permit, including a waiver or general permit authorization, is terminated, the permittee shall restore the site to its pre-activity condition to the maximum extent practicable and feasible, or otherwise compensate for any loss in resource value through mitigation under N.J.A.C. 7:7A-15. This restoration or compensation shall be completed within 90 days after the permit is terminated, unless the Department authorizes in writing a longer period of time.

N.J.A.C. 7:7A-14.6 Permit extensions

(a) This section governs the extension of a permit, including a waiver or a general permit authorization. This section does not apply to LOIs or exemption letters. Provisions governing the duration and extension of LOIs are found at N.J.A.C. 7:7A-3.6. Provisions governing the duration of exemption letters are found at N.J.A.C. 7:7A-2.10.

(b) The Department shall issue one five-year extension of a permit only if:

(c) The Department shall deny a permit extension if the permittee has violated the terms of the original permit, or if any of the other causes for termination at N.J.A.C. 7:7A-14.5 exist.

(d) If the requirements in this section for an extension are not met, the permit shall expire and regulated activities shall stop until a new permit is obtained.

(e) An application for an extension of a permit shall meet the application requirements at N.J.A.C. 7:7A-10, including the public notice requirements at N.J.A.C. 7:7A-10.8.