Section 233.71 - New JerseyThe applicable regulatory program for discharges of dredged or fill material into waters of the United States in New Jersey that are not presently used, or susceptible for use in their natural condition or by reasonable improvement as a means to transport interstate or foreign commerce shoreward to the ordinary high water mark, including wetlands adjacent thereto, except those on Indian lands, is the program administered by the New Jersey Department of Environmental Protection and Energy, approved by EPA, pursuant to section 404 of the CWA. The program becomes effective March 2, 1994. This program consists of the following elements, as submitted to EPA in the State's program application:
(a)Incorporation by reference. The requirements set forth in the State statutes and regulations cited in paragraph (b) of this section are hereby incorporated by reference and made a part of the applicable 404 Program under the CWA for the State of New Jersey, for incorporation by reference by the Director of the Federal Register in accordance with 552(a) and 1 CFR part 51. Material is incorporated as it exists at 1 p.m. on March 2, 1994 and notice of any change in the material will be published in the FEDERAL REGISTER.(b) Copies of materials incorporated by reference may be inspected at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Copies of materials incorporated by reference may be obtained or inspected at the EPA UST Docket, located at 1235 Jefferson Davis Highway, First Floor, Arlington, VA 22202 (telephone number: 703-603-9231), or send mail to Mail Code 5305G, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and at the Library of the Region 2 Regional Office, Federal Office Building, 26 Federal Plaza, New York, NY 10278.(1) New Jersey Statutory Requirements Applicable to the Freshwater Wetlands Program, 1994.(2) New Jersey Regulatory Requirements Applicable to the Freshwater Wetlands Program, 1994.(c)Other laws. The following statutes and regulations, although not incorporated by reference, also are part of the approved State-administered program: (1) Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq.(2) New Jersey Uniform Administrative Procedure Rules, N.J.A.C. 1:1-1.1 et seq.(3) Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.(4) Examination and Copies of Public Records, N.J.S.A. 47:1A-1 et seq.(5) Environmental Rights Act, N.J.S.A. 2A:35A-1 et seq.(6) Department of Environmental Protection (and Energy), N.J.S.A. 13:1D-1 et seq.(7) Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.(d)Memoranda of agreement. The following memoranda of agreement, although not incorporated by reference also are part of the approved State administered program: (1) The Memorandum of Agreement between EPA Region II and the New Jersey Department of Environmental Protection and Energy, signed by the EPA Region II Acting Regional Administrator on June 15, 1993.(2) The Memorandum of Agreement between the U.S. Army Corps of Engineers and the New Jersey Department of Environmental Protection and Energy, signed by the Division Engineer on March 4, 1993.(3) The Memorandum of Agreement between EPA Region II, the New Jersey Department of Environmental Protection and Energy, and the U.S. Fish and Wildlife Service, signed by all parties on December 22, 1993.(e)Statement of legal authority. The following documents, although not incorporated by reference, also are part of the approved State administered program: (1) Attorney General's Statement, signed by the Attorney General of New Jersey, as submitted with the request for approval of The State of New Jersey's 404 Program.(2) The program description and any other materials submitted as part of the original application or supplements thereto.59 FR 9933, Mar. 2, 1994, as amended at 65 FR 47325 , Aug. 2, 2000; 69 FR 18801 , Apr. 9, 2004