V-358 



4.202 - Enforcement 



The Department may, at reasonable times, inspect any projects and facilities within the 

 purview of Section 4.201 to determine whether such projects and facilities are being con- 

 structed, operated and maintained in compliance with the regulations promulgated thereunder. 

 If the Department finds that such regulations are not being complied with it may issue an order 

 requiring the person or governmental agency to cease construction or operation, to change his 

 mode of construction, operation or maintenance or to make necessary repairs or alterations, 

 so as to comply with such regulations . If such person or governmental agency fai Is to comply 

 with an order to make repairs or alterations, the Department may make such repairs and alter- 

 ations and charge such person or governmental agency the expense thereof. 



Part Three 

 Approval of Projects 



4.301 - Projects on Non-Tidal Waters by Persons 



No person shall undertake any project in or upon non-tidal surface waters or the flood 

 plain of free-flowing waters determined by the Department as being subject to a fifty (50) 

 year flood frequency or which will be used to appropriate underground water without first hav- 

 ing secured the approval of the Department pursuant to such regulations as the Department 

 may prescribe except that the Department may, by regulation, exempt from the requirements 

 of this Section such projects as it may reasonably find to have a minimal effect upon the 

 waters of the State. Projects within the purview of this Section shall include, but not be 

 limited to, the following: 



(a) building, maintaining or modifying of any structure in or upon non-tidal surface waters 

 or the fifty (50) year flood plain; 



(b) constructing, maintaining or modifying any reservoir or pond; 



(c) changing or diminishing the course or current of any non-tidal surface waters; 



(d) changing the configuration of the fifty (50) year flood plain; 



(e) drilling or digging of wells, test holes or other borings. 



The Department shall only approve such project if it determines that it wi II not adversely af- 

 fect the water plan or such part or parts thereof which have been adopted and will not inter- 

 fere with maintenance of the standards and criteria of water quality established by the De- 

 partment. 



4.302 - Projects on T4dal Waters by Persons 



(a) No person shall undertake any project in or upon tidal waters or submerged tidal 

 lands without first securing a permit from the Department pursuant to such regulations as 

 the Department shall prescribe, except that the Department may, by regulation, exempt from 

 the requirements of this Section such projects as it may reasonably find to have a minimal 

 effect on the tidal region. Projects within the purview of this Section shall include, but not 

 be limited to, the following: 



(1) the building, maintaining or modifying of any structure on tidal waters or sub- 

 merged tida I lands; 



