N.J. Admin. Code § 7:27-2.5

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

Section 7:27-2.5 - Infested plant life

(a) The Department may issue a permit for open burning of infested plant life, except in any municipality which prohibits such open burning, to a person responsible for the control of infested plant life upon certification by an authorized agent that no other effective method of controlling the infestation can be used without causing damage, economic or otherwise, to environmental or natural resources.

(b) Applications may be made to the Bureau of Forest Fire Management in the Department for a permit for the open burning of infested plant life.

(c) Such permit may be valid for a single event or for a period not to exceed 30 days, may be conditioned upon meteorological factors and any other requirements which the Department deems to be necessary, and is revocable at the discretion of the Department.

(d) No open burning shall commence until a permit is issued and is current. Any person seeking a permit for the open burning of infested plant life shall file with the Department a permit application on a form provided by the Department, signed by both the applicant and the authorized agent, which sets forth the following and any other information requested by the Department:

1. The name, address and telephone number of the person submitting the permit application; if such person is a legal entity, the name, title and address of the individual authorized to accept service of process on its behalf and the name of the officer in charge of the premises where infested plant life is to be burned;

2. The type of business or activity involved;

3. Municipal restrictions on open burning of plant life;

4. The proposed operating practice including the type and quantity of infested plant life to be burned;

5. Whether the open burning is to be carried on in a single instance or the frequency if intermittent;

6. The exact location at which the infested plant life will be burned; and

7. Reasons why the infestation cannot be controlled by any method other than by open burning without causing damage, economic or otherwise, to environmental or natural resources.

N.J. Admin. Code § 7:27-2.5

As amended, R.1981 d.135, effective 5/7/1981 (to become operative June 7, 1981).
See: 12 New Jersey Register 690(a), 13 New Jersey Register 264(a).
(b): "Forest Fire Management" was "Forestry, Forest Fire Service".
(c): 30 days permit life was 14 days.
Administrative Correction in (d) to change "infected" to "infested".
See: 23 New Jersey Register 1166(b).