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State of New Jersey Department of Environmental Protection-Permit Extension Act
State of New Jersey Department of Environmental Protection
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Office of Permit Coordination and Environmental Review
401 East State St.
Mail code: 401-07J
P.O. Box 420
Trenton, NJ 08625
(609) 292-3600

The permits and approvals listed below are extended by the Permit Extension Act of 2012 except in cases where the permit or approval is issued in an Environmentally Sensitive Area.

  1. Water Allocation Permits issued pursuant to the Water Supply Management Act (N.J.S.A. 58:1A-1 et seq.);
  1. Agricultural Water Use Certifications issued pursuant to the Water Supply Management Act (N.J.S.A. 58:1A-1 et seq.);
  1. Aquifer Test Proposal Approvals and Aquifer Test Waivers issued pursuant to the Water Supply Management Act (N.J.S.A. 58:1A-1 et seq.);
  1. Temporary Treatment Approvals issued pursuant to the Safe Drinking Water Act (N.J.S.A. 58:12A-1 et seq.);
  1. Drilling permits including well use re-designation permits issued pursuant to the Subsurface and Percolating Waters Act (N.J.S.A. 58-4A-4.1 et seq.);
  1. Fifty or More Realty Improvement Certifications for individual water supply systems issued pursuant to the Realty Improvement Sewerage and Facilities Act (N.J.S.A. 58:11-23);

  2. Safe Drinking Water (SDW) permits, except for Master Permits, issued pursuant to the Safe Drinking Water Act (N.J.S.A. 58:12A); Specific projects authorized under a Master Permit as of  September 21, 2012 may be extended; the Master Permit itself is not extended and must be renewed annually;

  3. Approval to Install – Construct New Physical Connection between Approved and Unapproved Water Supply Permits issued pursuant to N.J.S.A. 58:11-9.1 et seq.; and

  4. Settlement agreements, ADR agreements and other written documents that authorize development approvals associated with any of the above.

  1. The following Freshwater Wetlands approvals issued pursuant to the Freshwater Wetlands Protection Act (N.J.S.A. 13:9 B-1 et. seq.):
    1. Letters of Interpretation
    2. Transition Area Waivers
    3. Freshwater Wetlands General Permits affecting wetlands that are not Waters of the U.S. (GP6) and transition areas only
    4. Transition Area Waivers affecting transition areas only
    5. Exemption Letters

  2. Waterfront Development permits issued pursuant to the Waterfront Development Act (N.J.S.A. 12:5-3 et seq.);

  3. Coastal Wetland permits issued pursuant to the Wetlands Act of 1970 (N.J.S.A.13:9A-1 et seq.);

  4. CAFRA permits issued pursuant to the Coastal Area Facility Review Act (N.J.S.A. 13:19-1 et seq.); and

  5. Flood Hazard permits issued pursuant to the Flood Hazard Area Control Act (N.J.S.A. 58:16A-50 et seq.) if work has commenced prior to the expiration of the permit. 

  1. Wastewater Management Plans that were current at any time during the extension period, subject to meeting the requirements of the Act and excluding approvals that arise out of federally delegated programs;
  2. The Permit Extension Act of 2012 does  not extend the obligation of any wastewater management planning agency to submit a wastewater management plan update pursuant to the deadlines established in the Water Quality Management Planning rules (N.J.A.C. 7:15) adopted July 7, 2008.  

  3. Settlement agreements, ADR agreements and other written documents that authorize development approvals associated with any of the above are not affected by this Act.
  1. NJPDES Discharge to Ground Water (DGW) Permits issued pursuant to the New Jersey Water Pollution Control Act (N.J.S.A. 58:10A-1 et seq.) for facilities that have either not been constructed or are not in operation;

  2. NJPDES Treatment Works Approvals (TWAs) issued pursuant to the New Jersey Water Pollution Control Act (N.J.S.A. 58:10A-1 et seq.);
  1. NJPDES Residual Permits and Approvals issued pursuant to the New Jersey Water Pollution Control Act (N.J.S.A. 58:10A-1 et seq.) for facilities that have either not been constructed or are not in operation;
  1. Permits to Construct Individual Subsurface Sewage Disposal Systems (ISSDS) issued by local health departments pursuant to the New Jersey Water Pollution Control Act (N.J.S.A. 58:10A-1 et seq.);
  1. Fifty or More Realty Improvement Certifications for subsurface sewage disposal systems issued pursuant to the Realty Improvement Sewerage and Facilities Act (N.J.S.A. 58:11-23);
  1. Treatment Works Approvals for Alternate Subsurface Disposal Design issued pursuant to the New Jersey Water Pollution Control Act (N.J.S.A. 58:10A-1 et seq.); and
  1. Settlement agreements, ADR agreements and other written documents that authorize development approvals associated with any of the above.

  1. A subset of the mainland coastal centers previously extended by the Permit Extension Act of 2008 will again be extended. Not all of the coastal centers extended by PEA 2008 will be covered by PEA 2012 because some of these coastal centers have been supplanted by DEP’s designation of CAFRA Centers.

  2. As the Mainland Coastal Center designation is subject to change, the applicant is responsible for confirming with local and state agencies if their permit is within an applicable Coastal Center.

This advisory guidance is non-binding. Any interested party or permit holder should not in any way rely to any extent on the advisory guidance provided herein. This advisory guidance should not be construed as legal advice.

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Last Updated: December 3, 2012