N.J. Admin. Code § 7:14B-10.8

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

Section 7:14B-10.8 - Grounds for denial or revocation of permits

(a) The Department may, in its discretion based on the criteria listed in (a)1 and 2 below, deny the issuance of a permit under this subchapter upon a determination of the following:

1. The permit application is incomplete, contains inaccurate information and/or is illegible; or

2. The owner, operator, or both fail to comply with any requirement of the State Act or this chapter.

(b) The Department may revoke a permit upon a determination of the following:

1. The permit application contains false or inaccurate information;

2. An authorized representative is denied access to the site;

3. The owner, operator, or both fail to comply with any requirement of the State Act or this chapter; or

4. The owner, operator, or both are performing or have authorized an activity which is not in compliance with this chapter.

(c) The Department shall inform an owner and operator of the denial or revocation of a permit by a Notice of Intent to Deny a Permit or a Notice of Intent to Revoke a Permit. The Notice shall include:

1. The specific grounds for denial of issuance as set forth in (a) above; or

2. The specific grounds for revocation as set forth in (b) above.

(d) The Department shall serve this Notice to an owner and operator by certified mail (return receipt requested) or by personal service.

(e) An owner and operator that receives a Notice from the Department denying or revoking a permit shall not begin the proposed permitted activities or shall discontinue any ongoing permitted activities.

(f) An applicant or any person, subject to the limitation on third party appeal rights set forth in P.L. 1993, c.359 (N.J.S.A. 52:14B-3.1 through 3.3), who believes himself or herself to be aggrieved, with respect to decisions made by the Department regarding any permit, permit condition, or application denial may contest the decision and request a contested case hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. and the New Jersey Uniform Administrative Procedure Rules, N.J.A.C. 1:1. Requests for a contested case hearing shall be made pursuant to N.J.A.C. 7:14B-12.2.

N.J. Admin. Code § 7:14B-10.8

Amended by 50 N.J.R. 409(a), effective 1/16/2018