N.J. Admin. Code § 7:13-21.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:13-21.4 - Department review and decision on an application for an authorization under general permit 1 for channel cleaning under the Stream Cleaning Act

(a) Within 15 calendar days after receiving an administratively and technically complete application for authorization under a general permit 1 for activities that do not include the removal of sediment, or within 60 calendar days after receiving an administratively and technically complete application for activities that include the removal of sediment, where day one of the 15- or 60-calendar-day period is the date the application is received, the Department shall take one of the following actions:

1. Determine that the application meets the requirements of this chapter and issue an authorization approving the application in writing. The authorization shall include any conditions necessary to ensure compliance with this chapter; or

2. Determine that the application does not meet the requirements of this chapter and deny the application in writing. The decision denying the application shall include the reasons for the denial.

(b) If the Department does not make a decision to approve or deny an application for a authorization under a general permit 1 by the applicable deadline set forth in (a) above, the applicant is authorized to commence stream cleaning activities in accordance with the Stream Cleaning Act provisions of the Flood Hazard Area Control Act at N.J.S.A. 58:16A-67.

1. An authorization issued under this subsection shall include the standard conditions set forth in N.J.A.C. 7:13-22.2.

2. An authorization issued under this subsection shall not prevent the Department from taking enforcement action pursuant to N.J.A.C. 7:13-24for any activity undertaken in violation of this chapter.

(c) The Department shall provide notice of the decision on an application for authorization under general permit 1 in the DEP Bulletin and to any person who specifically requested notice of the decision on a particular application.

N.J. Admin. Code § 7:13-21.4

Administrative correction.
See: 50 N.J.R. 1147(a).