N.J. Admin. Code § 7:13-8.15

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

Section 7:13-8.15 - General permit-by-certification 15-in-kind replacement of public infrastructure

(a) General permit-by-certification 15 authorizes the in-kind replacement of public infrastructure, which has been damaged by flooding or other severe weather event that resulted in the Governor of New Jersey declaring a State of Emergency or FEMA declaring a major disaster in New Jersey and applies only to those counties and municipalities included in such a declaration. This general permit-by-certification authorizes the in-kind replacement of public infrastructure where a public entity has determined that immediate action is warranted to protect public health, safety, welfare, or the environment. For the purposes of this general permit-by-certification, public infrastructure means any roadway, railroad, bridge, culvert, storm sewer system, utility, and associated structure that are maintained by a public entity.

(b) In addition to satisfying the requirements applicable to all general permits-by-certification at N.J.A.C. 7:13-6.7, the applicant shall obtain an engineering certification confirming that any in-kind replacement of public infrastructure complies with all applicable design and construction standards of N.J.A.C. 7:13-10, 11, and 12, except for timing restrictions pursuant to 7:13-11.5(d).

(c) All regulated activities authorized under this general permit-by-certification shall:

1. Commence within 180 calendar days of the date the State of Emergency or FEMA disaster declaration was announced; and

2. Be completed within 180 calendar days of the date that the permittee submitted the required certifications resulting in authorization under general permit-by-certification 15.

(d) Within 30 calendar days of the completion of regulated activities authorized under this general permit-by-certification, the permittee shall provide to the Department a written statement that includes:

1. A detailed description of all regulated activities conducted;

2. An engineering certification confirming that the requirements of (a), (b), and (c) above have been met; and

3. Site plans, photographs, mapping, or other information necessary to demonstrate that the regulated activity complies with the requirements of this general permit-by-certification.

N.J. Admin. Code § 7:13-8.15

Adopted by 48 N.J.R. 1067(a), effective 6/20/2016