N.J. Admin. Code § 7:13-12.16

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:13-12.16 - Requirements for the storage of unsecured material

(a) This section sets forth specific standards that apply to any proposed storage of unsecured material in any regulated area.

(b) This section governs the storage of unsecured material not addressed by the following:

1. Permits-by-rule 48 through 53 at N.J.A.C. 7:13-7.48 through 7.53, respectively, which cover the storage of unsecured materials for construction activities, and for certain ongoing residential and commercial uses; and

2. The requirements at N.J.A.C. 7:13-12.17 through 12.20, which cover the placement of hazardous substances and solid waste in a regulated area, whether secured or unsecured.

(c) The Department shall not issue an individual permit for the storage of unsecured material in a floodway.

(d) The Department shall issue an individual permit for the storage of unsecured material in a regulated area outside a floodway only if the following requirements are satisfied:

1. The unsecured material is stored as part of a business or facility, the primary function of which is to store and distribute material, such as a bus or truck depot, car dealership or rental facility, gravel pit, junk yard, landscaping business, lumber yard or vehicle impoundment area;

2. The applicant demonstrates that the unsecured material cannot feasibly be stored outside the flood hazard area and riparian zone onsite;

3. The unsecured material to be stored is isolated from floodwaters by berms, or will be situated in a specially designed containment area onsite, so that, in the event of a flood, the stored material will not be transported off the site by floodwaters;

4. The applicant discloses the maximum volume of unsecured material that will be stored in the flood fringe and includes this volume in calculating the maximum flood storage volume displacement on the site pursuant to N.J.A.C. 7:13-11.4; and

5. The Department determines that the storage of unsecured material in a flood hazard area and riparian zone will not pose a threat to the environment or to public health, safety or welfare.

N.J. Admin. Code § 7:13-12.16

Amended and recodified from 7:13-11.16 by 48 N.J.R. 1067(a), effective 6/20/2016