Title 13, Title 13: CONSERVATION AND DEVELOPMENT--PARKS AND RESERVATIONS

13:1D-103. Applicants advised and informed by department 3. The department shall advise a prospective applicant of his right to request a pre-application conference with appropriate departmental staff, and of the estimated time period required by the department to review and take…

13:1D-104. Guidance provided, pre-application conference 4. a. Within 30 days of receipt of a written request therefor, the department shall convene a pre-application conference to provide guidance to a prospective applicant regarding any application for a permit subject to the p…

13:1D-105. Classification system for permits 1. Within 120 days of the effective date of this act, the Department of Environmental Protection shall establish classes or categories (hereinafter referred to as a "classification system") for all permits, as defined pursuant to secti…

13:1D-106. Review schedules for classes of permits 2. a. Within 120 days of the effective date of this act, the department shall adopt guidelines establishing review schedules for each class or category of permit established pursuant to section 1 of this act, which guidelines sha…

13:1D-107. Level of review, identification 3. Within 120 days from the effective date of this act, the department shall identify for each class or category of permit the administrative level within the department responsible for the review of, and the taking of final action on, a…

13:1D-108. Publication of information on classes and review 4. a. Within 150 days from the effective date of this act, the department shall publish in the New Jersey Register the classification and review schedule guidelines adopted pursuant to sections 1 and 2 of this act, the i…

13:1D-108.1. Biotechnology Permit Acceleration Task Force 1. a. There is created within the Department of Environmental Protection a Biotechnology Permit Acceleration Task Force. In addition to the activities specifically enumerated in this section, it shall be the function of th…

13:1D-109. Reports on application dispositions 5. a. Not later than February 1 of each year for three consecutive years, beginning on February 1 next following the first full year of implementation of the review schedules adopted pursuant to section 2 of this act, the department …

13:1D-11. Transfer of appropriations, grants and other moneys a. All appropriations, grants and other moneys available and to become available to any department, division, bureau, board, commission, council or other agency, the functions, powers and duties of which have been here…

13:1D-110. Evaluation of applications, notice of deficiencies; definitions 1. The Department of Environmental Protection shall, within 30 days of receipt of a permit application, evaluate each application and supporting documentation thereon, to determine whether the application,…

13:1D-111. Technical manual for each class of permit, requirements 1. Within 12 months of the effective date of this section, the Department of Environmental Protection shall develop a technical manual for each class or category of permit, as established pursuant to section 1 of …

13:1D-112. Effect of technical manual on filed applications; revisions 2. a. Policies and interpretations contained in a technical manual developed pursuant to section 1 of this act and in force on the date that an application for a permit subject to that technical manual has bee…

13:1D-113. Availability of copies; fees 3. The department shall make copies of technical manuals developed pursuant to this act readily available to prospective applicants for department permits and the public, and may charge a reasonable fee to cover the reasonable costs of prod…

13:1D-114. Information on permit applications 1. The Department of Environmental Protection shall compile information and maintain records concerning the review of, and actions taken on, permit applications filed with the department, including, but not limited to, the following i…

13:1D-114.1. Use of permit fee revenues to fund permit management staff 1. With regard to any permit defined pursuant to section 1 of P.L. 1991, c.417 (C.13:1D-114), and notwithstanding any other provision of law to the contrary, the Department of Environmental Protection may all…

13:1D-115. Semi-annual informational reports 2. a. The Department of Environmental Protection shall prepare, and submit to the Senate Environmental Quality Committee and the Assembly Energy and Environment Committee, or their successors as designated respectively by the President…

13:1D-115.1. Annual report to Legislature 23. In addition to the information required to be submitted annually to the Legislature pursuant to section 2 of P.L.1991, c.417 (C.13:1D-115), the department shall report annually to the Legislature on actions taken to reduce fees and in…

13:1D-116. Continuing education seminars; fees; definitions 1. a. The Department of Environmental Protection shall periodically, as necessary, but at least annually, for each class or category of permit as established in accordance with section 1 of P.L.1991, c.423 (C.13:1D-105),…

13:1D-117. Record of attendees; conduct by qualified entity 2. a. The department shall keep a record of the name of any member of a regulated profession attending a continuing education seminar conducted pursuant to this act, and shall notify the licensing board having regulatory…

13:1D-118. Cooperation of professional licensing boards 3. All professional licensing boards established by law shall cooperate with the department in implementing this act. L.1991,c.419,s.3.

13:1D-119. Reports on backlogs of review of permit applications 1. a. The Department of Environmental Protection shall report, in writing, to the Assembly Energy and Environment Committee and Senate Environmental Quality Committee, or their successors, whenever the number of appl…

13:1D-12. Transfer of employees a. Such employees of any department, division, bureau, board, commission, council or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Department of Environmental Protection or to any agency des…

13:1D-120. Findings, declarations 1. The Legislature finds and declares that: a. It is within the public interest to promote economic growth, to encourage and foster the development and establishment of new industries and businesses, to champion and expedite the expansion, modern…

13:1D-121. Definitions 2. As used in this act: "Administrative review" means a review to determine whether all of the information which is required for a permit application to be deemed complete has been submitted to the department; "Applicant" means the person in whose name a pe…

13:1D-122. Schedule for payment of fees 3. a. The commissioner shall adopt rules and regulations establishing a schedule for the payment of fees for applications for those permits issued by the department which exceed $1,000 in cost. The rules and regulations shall provide that e…

13:1D-123. Inapplicability of act 4. The provisions of this act shall not apply to any license or certification fee charged by the department to a member of a regulated profession or occupation. L.1993,c.361,s.4.

13:1D-124. Rules, regulations 5. The commissioner, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations setting forth the payment schedule required pursuant to section 3 of this act, and any othe…

13:1D-125. Findings, declarations relative to enforcement of environmental laws 1. The Legislature finds and declares that: The Department of Environmental Protection has historically measured the success of its enforcement programs based upon the magnitude of penalties imposed, …

13:1D-126. Definitions 2. As used in this act: "Department" means the Department of Environmental Protection. "Environmental law" means the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.); the "Air Pollution Control Act (1954)," P.L.1954, c.212 (C.26:2C-1 et se…

13:1D-127. Minor violations 3. a. Upon identification of a violation of an environmental law which, pursuant to section 5 of this act, is designated as a minor violation, the department or a local government agency, as the case may be, shall issue an order, notice of violation, o…

13:1D-128. Failure to correct violation 4. If the person responsible for the minor violation fails to correct or achieve compliance within the period of time specified in the order, notice of violation, or other enforcement document, the department or local government agency, as …

13:1D-129. Rules, regulations; violation designation 5. a. The department shall promulgate rules and regulations designating specific types or categories of violations within each regulatory and enforcement program of each environmental law as minor violations and non-minor viola…

13:1D-13. Employee's tenure rights Nothing in this act shall be construed to deprive any person of any tenure rights or of any right or protection provided him by Title 11 of the Revised Statutes, Civil Service, or under any pension law or retirement system. L.1970, c. 33, s. 16,…

13:1D-13.1. Unclassified titles 2. a. Notwithstanding any provision of law to the contrary in Title 11A (Civil Service) of the New Jersey Statutes, the following titles in the Department of Environmental Protection shall be assigned or reassigned, within 60 days of the effective …

13:1D-13.2. Reinstatement to classified service 3. a. Any employee of the Department of Environmental Protection in the classified service holding a position on the effective date of this act that has been assigned or reassigned to the State unclassified service pursuant to secti…

13:1D-13.3 Classified and senior executive service 4. a. Within 60 days of the effective date of this act, the Department of Personnel shall, pursuant to N.J.S.11A:3-1, assign or reassign, (1) to the competitive division of the classified service, the following titles in the Depa…

13:1D-130. Voluntary disclosure; nonimposition of penalty 6. Whenever a person responsible for a minor violation designated as such pursuant to section 5 of this act of an environmental law voluntarily discloses to the department or local government agency the existence of that v…

13:1D-131. Violation procedures prior to adopted rules, regulations 7. Prior to the adoption of the rules and regulations prescribed in subsection a. of section 5 of P.L.1995, c.296 (C.13:1D-129), the department or a local governmental agency, upon the identification of a violati…

13:1D-132. Report, contents; recommendations 8. The department shall annually submit to the Governor and the Legislature a report that provides the following information on each regulatory and enforcement program administered pursuant to an environmental law: a. The number of fac…

13:1D-133. Rules, regulations; submission to Legislature 9. Within 180 days of the effective date of this act, the department, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to …

13:1D-134 Findings, declarations relative to development, promotion of energy, environmental technology. 1. The Legislature finds and declares that it is in the public interest to encourage new businesses to locate in the State and assist existing enterprises to remain and expand…

13:1D-135 Definitions relative to development, promotion of energy, environmental technology. 2. For the purposes of this act: "Corporation" means the New Jersey Corporation for Advanced Technology, a not-for-profit membership corporation, incorporated under the "New Jersey Nonpr…

13:1D-136 Performance partnership agreement. 3. a. Pursuant to the performance contract authority established by subsection q. of section 12 of P.L.1970, c.33 (C.13:1D-9), the Department of Environmental Protection shall enter into a performance partnership agreement with the New…

13:1D-137 Reciprocal environmental technology agreements. 4. The department shall enter into reciprocal environmental technology agreements concerning the evaluation and verification protocols used by the corporation and the department between the department, the United States En…

13:1D-138. Rules, regulations adopted by DEP 1. The Department of Environmental Protection, in consultation with the Department of Labor, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) rules and regulations that: a. identify the …

13:1D-139. Regulated universe of business entities 2. a. The generally equivalent universe of employers, entities, establishments, or facilities identified in the rules and regulations adopted by the Department of Environmental Protection pursuant to subsection b. of section 1 of…