N.J. Admin. Code § 7:7A-20.9

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

Section 7:7A-20.9 - Termination of an authorization under a general permit, an individual permit, a transition area waiver, or an emergency authorization

(a) The Department shall terminate, for good cause, an authorization under a general permit, an individual permit, a transition area waiver, or an emergency authorization that has been suspended pursuant to N.J.A.C. 7:7A-20.8. Good cause for termination includes, but is not limited to, the following:

1. The permittee has not ceased all regulated activities as required in the notice of suspension pursuant to N.J.A.C. 7:7A-20.8(c)3;

2. The permittee has not complied with the requirement at N.J.A.C. 7:7A-20.8(d) to submit a strategy to remedy the causes of the suspension; or

3. The Department has determined that the strategy submitted is unacceptable to achieve compliance with this chapter.

(b) The Department shall provide written notice of its intent to terminate an authorization under a general permit, individual permit, transition area waiver, or emergency authorization by certified mail to the permittee.

(c) The permittee may request an adjudicatory hearing on the notice of intent to terminate in accordance with N.J.A.C. 7:7A-21. The hearing request shall be submitted within 10 calendar days after receipt of the notice of intent to terminate.

(d) If the permittee does not request an adjudicatory hearing under (c) above, or if the adjudicatory hearing request is denied, the transition area waiver, authorization under a general permit, individual permit, or emergency authorization shall automatically terminate, effective 10 calendar days after the permittee received the notice of intent to terminate under (b) above.

(e) If the Department terminates an authorization under a general permit, individual permit, transition area waiver, or emergency authorization, the permittee shall take all of the actions at (e)1, 2, and 3 below. Failure to do so shall constitute a violation of this chapter and shall subject the permittee to enforcement action pursuant to N.J.A.C. 7:7A-22:

1. Remedy any changes to the site made in violation of this chapter;

2. Remedy any adverse impacts to wetlands, transition areas, State open waters, and the environment caused by the regulated activities on the site; and

3. Restore, to the maximum extent practicable, the site to its condition prior to the start of the activities authorized under the transition area waiver, authorization under a general permit, individual permit, or emergency authorization.

N.J. Admin. Code § 7:7A-20.9

Adopted and recodified from 7:7A-14.5 by 49 N.J.R. 3849(a), effective 12/18/2017