N.J. Admin. Code § 7:7A-20.3

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

Section 7:7A-20.3 - Establishing permit conditions

(a) In addition to the standard conditions required in all permits under N.J.A.C. 7:7A-20.2, the Department shall establish conditions in a permit, including a waiver or general permit authorization, as required on a case-by-case basis, to assure compliance with all applicable requirements of the Federal Act, the Freshwater Wetlands Protection Act, the Water Pollution Control Act, this chapter and other applicable rules or regulations. For the purposes of this subsection, an applicable requirement is a statutory or regulatory requirement which takes effect before the Department's final administrative decision on a permit, or before the modification or termination and reissuance of a permit.

(b) In addition to the standard requirements in N.J.A.C. 7:7A-20.2, each permit shall include information meeting the following requirements, when applicable:

1. A specific identification and description of the authorized activity, including:

i. The name and address of the permittee and the permit application identification number;

ii. The use or purpose of the regulated activity;

iii. The type and quantity of the materials to be discharged or used as fill;

iv. Any structures proposed to be erected;

v. The location and boundaries of the activity site(s), including a detailed sketch and the name and description of affected freshwater wetlands, State open waters, and transition areas, identification of the HUC 11 and watershed management area; and

vi. A reference to the specific site plans depicting the approved regulated activity(ies);

2. Provisions ensuring that the regulated activity will be conducted in compliance with the findings and/or environmental guidelines issued under section 404(b)(1) of the Federal Act at 40 CFR Part 230, the Freshwater Wetlands Protection Act, and this chapter, including conditions to ensure that the regulated activity shall be conducted in a manner which minimizes adverse impacts upon the physical, chemical, and biological integrity of the waters of the United States and/or waters of the State, such as requirements for restoration or mitigation;

3. Any requirements necessary to comply with water quality standards established under applicable Federal or State law. If an applicable water quality standard is promulgated or modified after the permit or waiver is issued, the permit or waiver shall be modified as provided in N.J.A.C. 7:7A-20.6.

4. Requirements necessary to comply with any applicable toxic effluent standard or prohibition under section 307(a) of the Federal Act or applicable State or local law. If an applicable toxic effluent standard or prohibition is promulgated or modified after the permit or waiver is issued, the permit or waiver shall be modified as provided in N.J.A.C. 7:7A-20.6;

5. Applicable best management practices (BMPs);

6. Any conditions necessary for general permits as required under N.J.A.C. 7:7A-5 or 7;

7. A specific date on which the permit shall automatically expire if the authorized work has not been commenced, unless before the automatic expiration date the permit is terminated and reissued, or modified, or extended; and

8. Reporting of monitoring results. All permits and waivers shall specify:

i. Requirements concerning the proper use, maintenance, and installation, when appropriate, of monitoring equipment or methods (including biological monitoring methods when appropriate);

ii. Required monitoring including type, intervals, and frequency sufficient to yield data which are representative of the monitored activity including, when appropriate, continuous monitoring; and

iii. Applicable reporting requirements based upon the impact of the regulated activity.

(c) The Department may in some cases include a permit condition requiring a preconstruction meeting on the site of permitted activities. Such a condition shall specify how many days prior to construction the permittee must notify the Department so that the preconstruction meeting can be scheduled.

(d) All permit conditions shall be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable rules or regulations or requirements shall be given in the permit.

N.J. Admin. Code § 7:7A-20.3

Adopted and recodified from 7:7A-13.2 by 49 N.J.R. 3849(a), effective 12/18/2017