N.J. Admin. Code § 7:14A-15.10

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

Section 7:14A-15.10 - Public notice of permit actions and public comment period

(a) The Department, or the applicant upon authorization by the Department, shall publish public notice pursuant to (e) below for the following:

1. Issuance of a draft permit under 7:14A-15.6;

2. Scheduling of a public hearing under 7:14A-15.12; and

3. Reopening or extension of the public comment period under 7:14A-15.14, except that when the comment period is extended for 15 days or less, public notice of the extension shall be limited to an oral or written notice to the applicant and to those persons who commented on the draft permit.

(b) The Department shall not publish a public notice seeking public comment for the following:

1. Denial of request for permit modification, revocation and reissuance, suspension, or revocation under 7:14A-16.3(c). Written notice of the denial shall be provided to the applicant and to the permittee;

2. Issuance of a minor permit modification under 7:14A-16.5; or

3. Activation of the terms and conditions of a suspended permit previously subject to public notice in accordance with this section.

(c) The Department, or the applicant upon authorization by the Department, shall publish pursuant to (e) below public notice, as approved by the Department, according to the following schedule:

1. For draft permits and reopening or extension of the public comment period under (a)1 and 3 above, at least 30 days prior to the end of the public comment period. When public notice is published in:

i. One or more newspapers and the DEP Bulletin, the comment period shall close no sooner than 30 days after the last newspaper publication; or

ii. Only the DEP Bulletin, the comment period shall close no sooner than 30 days after publication.

2. For a public hearing under (a)2 above, 30 days prior to the public hearing.

(d) The Department may describe more than one type of discharge or permit action in a public notice. Public notice of the public hearing and draft permit may be combined and published concurrently.

(e) To publish public notice of the activities described in (a) above, the Department or the applicant authorized by the Department pursuant to (c) above shall:

1. Mail a copy of the approved public notice to the following persons:

i. The applicant (except for those general permits for which there is no applicant);

ii. Federal and State agencies that have issued or are required to issue a RCRA, UIC, Prevention of Significant Deterioration (or other permit under the Clean Air Act), NJPDES, Section 404 of the Federal Act, or residual management permit;

iii. Federal and State agencies that have jurisdiction over fish, shellfish, wildlife resources, coastal zone management plans, the State Advisory Council on Historic Preservation, State Historic Preservation Officers, and other appropriate government authorities, including any affected states;

iv. Any State agency responsible for areawide waste management or water quality plan development under Sections 208(b)(2), 208(b)(4), or 303(e) of the Federal Act and the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service;

v. Any State or local agency having authority under State law with respect to construction or operation of the facility;

vi. Any user identified in the permit application of a privately owned treatment works;

vii. The mayor and governing body of the municipality where the facility is located or proposed to be located and with a request that the mayor or governing body distribute copies of the public notice to other appropriate governmental units;

viii. Sewerage entity (or local agency for an SIU permit); and

ix. Persons on a mailing list that:

(1) Includes those who request to be on such mailing list; and

(2) Includes those persons affected by the permit action.

2. For a facility classified as major, a general permit or a permit for land application of residuals which includes a notification plan pursuant to 7:14A-20.7(a)3, in addition to (e)1 above, publish the approved public notice in a daily or weekly newspaper within the area affected by the facility or activity; and

3. The Department shall publish notice of all permit modifications in the DEP Bulletin as follows:

i. For a major modification to permits classified as minor or significant minor, the public notice shall contain the information in (f) below;

ii. For a major modification to a permit classified as major, the notice shall consist of only the facility name and NJPDES permit number, the proposed modification(s), the name of the newspaper(s) where the public notice will appear and the name and telephone of the Department staff person assigned to the permit action; and

iii. For a minor modification to a permit for a facility classified as major, minor or significant minor, the notice shall consist of only the information required in (e)3ii above except for providing the name of the newspaper(s) where the public notice will appear.

(f) The approved public notice shall include the following information:

1. The name and address of the applicant or permittee and, if different, of the facility and/or activity regulated by the permit, except for those general permits for which there is no applicant;

2. A brief description of the business conducted at the facility or activity described in the permit, permit application, or draft permit;

3. A general description of the location of each existing or proposed discharge point, the name of the receiving water and, where applicable, a general description of the residual use and/or disposal practice(s) and the location of each treatment works treating domestic sewage, and residual use or disposal sites known at the time of permit application. For draft general permits, this requirement may be satisfied by a map or description of the permit area;

4. The name and address of the office within the Department to which a person can make a written request to view the administrative record and the times and place at which the record will be open for public inspection, and the name of the Department staff person who is processing the permit action to whom a person can make a written request for copies;

5. A brief description of the comment procedures required by 7:14A-15.11 and 15.12 including:

i. The date, time and place of any scheduled public hearing;

ii. A statement of the procedures by which to request a hearing (unless a hearing has already been scheduled) and other procedures by which a person may participate in the final permit decision process; and

iii. The opening and closing date of the comment period, including a statement that comments shall be postmarked by the closing date; and

6. Any additional information considered by the Department to be necessary or appropriate.

(g) In addition to the information described at (f) above, the Department shall include the following information in the public notice for a public hearing scheduled pursuant to 7:14A-15.12:

1. The date of any previous public notice relating to the permit;

2. The date, time and place of the public hearing; and

3. A brief description of the nature and purpose of the public hearing, including the applicable rules and procedures.

(h) In addition to the public notice described in (f) above, the Department shall mail to all persons identified in (e)1i through v above a copy of the fact sheet or statement of basis, and, upon written request, the permit application and the draft permit.

N.J. Admin. Code § 7:14A-15.10

Administrative correction.
See: 29 New Jersey Register 3822(a).
Amended N.J.A.C. references.