N.J. Admin. Code § 7:38-11.7

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:38-11.7 - Final decisions

(a) The Department shall approve or deny an application for a Highlands general permit within 120 days, or for an HPAA or HPAA with waiver within 180 days of receipt of a complete application, or for good cause, within such additional period of time as the Department shall notify the applicant in writing is required to complete its review under this chapter. However, if an application requires coordination with U.S. Environmental Protection Agency (USEPA) in accordance with 7:7A-12.2, a WQMP amendment, or a Safe Drinking Water, NJPDES or treatment works review the HPAA will not be approved until all requirements have been satisfied. If an applicant does not receive a response from the Department within this time, the application shall not be deemed approved.

(b) When the Department issues a decision under this chapter, the Department shall send notice thereof to the applicant.

(c) The Department may issue an HPAA imposing conditions necessary for compliance with the Highlands Act, this chapter, and all statutes listed at 7:38-1.3(a). Any regulated activities undertaken under the authority of any issued approval shall constitute an acceptance by the applicant of the entire approval including all conditions therein.

(d) Decisions by the Department shall be published in the DEP Bulletin. A copy of every HPAA or HPAA with waiver that requires USEPA review under 7:38-11.3 shall be transmitted to USEPA. Decisions by the Department on approval or denial of a WQMP amendment shall be published in the New Jersey Register and the DEP Bulletin.

N.J. Admin. Code § 7:38-11.7

Recodified from N.J.A.C. 7:38-11.5 and amended by R.2006 d.420, effective 12/4/2006.
See: 37 N.J.R. 4767(a), 38 N.J.R. 5011(a).
In (a), inserted "for a Highlands general permit within 120 days, or"; and in (d), substituted "11.3" for "11.2".
Former N.J.A.C. 7:38-11.7, Cancellation, withdrawal, resubmission and amendment of applications for HPAAs, HPAAs with waiver, HRADs or Highlands Applicability Determinations, recodified to N.J.A.C. 7:38-11.8.