N.J. Admin. Code § 7:13-14.3
Current through Register Vol. 56, No. 21, November 4, 2024
Section 7:13-14.3 - Termination of an approval(a) The following are causes for the Department to terminate an approval which has been suspended under 7:13-14.2: 1. The permittee has not ceased all regulated activities pursuant to 7:13-14.2(b)2;2. The permittee has not submitted a remediation plan pursuant to 7:13-14.2(c);3. The Department has determined that the remediation plan submitted pursuant to 7:13-14.2(c) is inadequate to achieve compliance; or4. The permittee fails to remedy non-compliance with a condition of the approval.(b) If the Department determines that cause exists to terminate an approval for a reason listed at (a) above, the Department shall provide written notice of intent to terminate the approval by certified mail to the permittee. The permittee shall cease all regulated activities immediately upon receiving the notice. Within 10 calendar days after receiving the notice, the permittee shall:1. Submit a plan to the Department proposing to remedy the causes for the termination as stated in the notice; or2. Request an adjudicatory hearing under N.J.A.C. 7:13-18.(c) If the permittee has not taken one of the actions required at (b) above within 10 calendar days after receiving the Department's notice, the approval shall automatically terminate and the permittee shall remedy any violations of this chapter and/or unanticipated adverse impacts to flooding or the environment caused by the project, and shall restore the site to its pre activity condition where feasible. Once the impacts or violations are remedied, the Department may reinstate the permit or require the applicant to apply for a new permit.(d) Nothing in this section shall prevent the Department from taking enforcement action pursuant to N.J.A.C. 7:13-19. N.J. Admin. Code § 7:13-14.3