N.J. Admin. Code § 7:20-1.5

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

Section 7:20-1.5 - General application procedures

(a) The procedures for applying for a dam construction, modification or repair permit and for submitting the supporting engineering documents, include the preapplication stage and the application stage, as described below. For Class III dams (see 7:20-1.8) all required information may be submitted at one time, with such detail as is appropriate to the safe design of the type of structure proposed.

(b) The applicant for a dam permit must use a New Jersey licensed professional engineer to prepare the plans and specifications and to supervise inspection of the construction.

(c) The Department may require any owner or operator of an existing dam to obtain a permit for repair or modification of the dam and appurtenances where:

1. Repair or modification is necessary to insure protection of human health or safety; or

2. Modification is required to comply with the provisions of this chapter, unless the following circumstances exist:

i. Compliance is impracticable; and

ii. Noncompliance poses no unacceptable threat to human health or safety.

(d) Appeal procedures; permit denials

1. An applicant for a dam permit may request, in writing, an administrative hearing from the Department within 15 days of receipt of the decision by the Department to deny the application. The request for a hearing shall be sent to the New Jersey Department of Environmental Protection, Office of Administrative Hearings and Dispute Resolution, ATTENTION: Adjudicatory Hearing Requests, 401 E. State Street, Mail Code 401-07A, PO Box 420, Trenton, New Jersey 08625-0420.

2. The request for a hearing shall specify in detail the basis for the request, including all issues of fact or law. The Department may attempt to settle the dispute by conducting such proceedings, meetings and conferences as deemed appropriate. Should the efforts to settle the dispute fail and if the Department determines that the matter is a contested case, the Department shall forward the request for a hearing to the Office of Administrative Law, pursuant to the provisions of the Administrative Procedure Act (52:14B-1 et seq.).

(e) Applicants for a dam permit for a Class III dam, as defined pursuant to 7:20-1.8, may submit a preliminary application, which should include that information needed to establish a Class III hazard classification. Thereafter, in its discretion, the Department may waive certain documentation and inspection requirements set forth in these rules.

N.J. Admin. Code § 7:20-1.5

Amended by 50 N.J.R. 479(b), effective 1/16/2018

Administrative Change, 55 N.J.R. 528(a), effective 2/23/2023