N.J. Admin. Code § 2:90-1.14 - Reports of Compliance

(a) A district having certified a soil erosion and sediment control plan for a project pursuant to 4:24-39 et seq. shall issue a written Final Report of Compliance (FROC) in accordance with this section, upon the district's determination that the project is in full and complete compliance with the requirements and provisions of the certified plan, such that all permanent measures to control soil erosion and sedimentation are in effect for the entire project.

(b) A Report of Compliance (ROC) shall be issued when the District determines that a project or portion thereof is in full compliance with the certified plan and the Standards for Soil Erosion and Sediment Control in New Jersey (see 2:90-1.3 ), and that the permanent measures to control soil erosion and sedimentation are in effect for the area encompassed by the ROC.

(c) A Report of Compliance with Conditions (CRC) shall be issued when the District determines that the project or portion thereof is not yet in full compliance with the certified plan but is in satisfactory compliance to the extent practicable and in accord with the sequence of development and requirements thereof, such that the issuance of a temporary and conditional approval is appropriate with such conditions as may be imposed by the District. Satisfactory compliance means temporary measures and appropriate permanent measures for soil erosion and sediment control have been implemented according to the Standards including provisions for stabilization, site work and that no other site specific concerns exists.

(d) Upon written request from the applicant, the District may issue a ROC or CRC on a lot-by-lot or section-by-section basis for a project when lots or sections are a part of the project.

(e) The district may withhold an ROC, CRC, or FROC for any project that has not secured discharge authorization of the stormwater general permit 5G3 where an NJPDES permit is required for stormwater discharges associated with a construction activity pursuant to 7:14A-24.2.

(f) All fees shall be paid to the district prior to issuance of the ROC, CRC, or FROC.

(g) A standard Report of Compliance form approved by the State Soil Conservation Committee shall be utilized by the district and shall allow for the district's issuance of a CRC, ROC, or FROC. The District shall complete the standard Report of Compliance form in accordance with the requirements set forth in (g)1 through 4 below.

1. The District shall identify on the standard Report of Compliance form the block and lot, street address (if known), municipal location, the District application number and the date of issuance of the ROC.

2. The District shall state on the standard Report of Compliance form that the project or applicable portion thereof is in compliance with permanent measures to the extent determined by the district.

3. In order for the District's issuance of a ROC to be valid and effective, the standard Report of Compliance form shall be signed by an authorized District official, the District chairman or a designee, and specify its effective date.

4. In order for the District's issuance of a CRC to be valid and effective, the District shall comply with the requirements set forth in (g)1 through 3 above, and shall state in the standard Report of Compliance form all conditions that are to be satisfied to assure compliance with the requirements of the certified plan, as well as the date for completion of such conditions.

(h) Copies of the ROC, CRC, or FROC shall be distributed by the district to the applicant/current project owner; the municipal construction code official having construction code jurisdiction for the project, if applicable; and/or in the case where a construction permit is not required for a project (such as for mining and land clearing projects among others), the municipal official having jurisdiction over such project, if any.

1. The district may also issue a copy of a ROC or CRC, to such other persons or entities, as the district deems necessary or appropriate in its discretion. This includes, without limitation, any county, state and Federal agency, or instrumentality thereof, exercising any jurisdiction over the project.

2. In the case where a municipality authorized under 4:24-48 is the issuing agent, a copy of all ROCs and CRCs shall be submitted to the local District.

(i) No certificate of occupancy (CO) for a building or structure on a project, or any portion thereof, shall be issued by a municipality or any other public agency unless there has been an ROC or FROC issued by the district indicating compliance with the provisions of the certified plan for measures to control soil erosion and sedimentation. The district shall provide the municipality or other public agency with an ROC or FROC in accordance with (h) above.

(j) No temporary certificate of occupancy (TCO) for a building or structure on a project, or any portion thereof, shall be issued by a municipality or any other public agency unless a CRC or ROC is issued by the district. The district shall provide the municipality or other public agency with a copy of the CRC, ROC, or FROC.

(k) During the non-growing season, as defined in the Standards for Soil Erosion and Sediment Control in New Jersey (the Standards), or where seasonal or weather related constraints exist, or where the applicant's scheduling has prevented or delayed final stabilization (for example, completed site work during winter), the District may issue a CRC or ROC in accordance with (k)1 through 3 below.

1. Where the applicant has completed temporary stabilization and provided temporary erosion control measures in compliance with the certified soil erosion and sediment control plan, the applicant may request a CRC or ROC from the District. The District may also require the applicant to provide a perfonnance deposit and enter into a performance agreement with the District to assure completion of final stabilization. In such instance, the District, at its option, may issue the CRC or ROC subject to the requirement that final stabilization be completed by the date indicated on the performance agreement such as, by the end of the next growing season, as defined in the Standards or such reasonable time period established by the District.

2. Upon receipt of the signed performance agreement and cash performance deposit, the District shall deposit the performance deposit into an interest bearing escrow account with interest to accrue to the benefit of the applicant. The applicant shall sign and deliver to the District, any and all forms required by the District or its bank to open and maintain such interest bearing escrow account.

3. Upon completion of final stabilization by the applicant, the District shall return such performance deposit with interest to the applicant minus the administrative costs assessed by the District pursuant to below.

4. Upon the failure of the applicant to timely or satisfactorily implement the permanent stabilization in accordance with performance agreement and this section, the District shall provide written notification of such failure to the applicant together with a demand that such failure be fully cured within 10 calendar days of the date of such notification to the District's satisfaction or a later date established by the District.

If after such 10 calendar day period, or agreed-to time frame, such failure is not fully and properly cured to the District's satisfaction the District may utilize the applicant's performance deposit in order to contract for all work necessary or required to cure such failure and to complete all permanent measures in accordance with the performance agreement.

5. The District's rights and remedies pursuant to this subsection are in addition to all of its other rights and remedies under the law including 4:24-39 et seq.

6. The District may charge a fee in connection with the processing and administration of the performance agreement and performance deposit, which shall be listed in the District fee schedule, approved by the Committee.

(l) Any exempt municipality authorized by the Committee pursuant to 4:24-48, and implementing an approved ordinance thereunder shall implement these provisions.

(m) Where soil restoration measures are required, a standard form adopted by the SSCC must be utilized indicating the type of soil test method used, test location, test results, and proposed remediation methods. This form shall be provided to the soil conservation district prior to the Report of Compliance inspection. The district shall withhold an ROC, CRC, or FROC for any project that has not provided this form or it is determined that the remediation area has not adequately addressed restoration measures.

Notes

N.J. Admin. Code § 2:90-1.14

Amended by 49 N.J.R. 2787(a), effective 8/21/2017