N.J. Admin. Code § 7:14D-2.1

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

Section 7:14D-2.1 - Application requirements

(a) An applicant should refer to the web page for the Division of Water Quality in the Department at www.state.nj.us/dep/dwq or write to the address at (b) below for guidance in applying for a DEB.

(b) An applicant seeking a determination of environmental benefit (DEB) shall submit to the Department a complete application, with original signature, as described in this section to:

Division of Water Quality

N.J. Department of Environmental Protection

Mail Code 401-03D

PO Box 420

401 East State Street

Trenton, NJ 08625-0420

Attn: Reuse Tax Incentives Program

(c) A complete application shall consist of the following:

1. A DEB application form obtained from the Department at the address in (b) above or at the web page address at (a) above, certified in accordance with (d) below. The DEB application form shall include the following information:

i. The name and mailing address of the applicant;

ii. A brief description of the effluent reuse project;

iii. The name and location of each wastewater treatment facility from which the effluent originates or will originate;

iv. The name and location of each industrial facility to which the further treated effluent is or will be conveyed for reuse;

v. A list of all applicable Federal, State, and local permits and/or approvals required for construction and/or operation of the treatment equipment or conveyance equipment, along with the issuance date of each permit; and

vi. The date or anticipated date of purchase of the treatment equipment or conveyance equipment;

2. A report describing each specific industrial process for which the further treated effluent is or will be reused, including the following:

i. The physical and functional aspects of the treatment equipment or conveyance equipment;

ii. The location of any site at which the wastewater that results from the reuse of the further treated effluent is or will be discharged;

iii. The volume of the further treated effluent, including the daily average and maximum flow rates, that is or will be reused;

iv. The volume of further treated effluent that is or will be consumed in the reuse process; and

v. The volume of wastewater that is or will be discharged thereafter;

3. A line-item breakdown showing the cost of each component of the treatment equipment or conveyance equipment for which the DEB is sought;

4. If applicable, a copy of the agreements governing the wastewater treatment facility's supply and the industrial facility's use of the effluent;

5. A description of the impacts and benefits to the waters of the State resulting from the reuse of the further treated effluent in the industrial process. The description shall, at a minimum, demonstrate that:

i. The reuse will not cause a violation of any minimum passing flow restrictions applicable in the waterbody to which the effluent would otherwise have been discharged;

ii. If the reuse will result in an interbasin transfer (that is, if the ultimate discharge of the wastewater is to a watershed other than the one to which the effluent would have been discharged if it were not reused), then such interbasin transfer will not have an adverse impact on the water resources in the affected watersheds;

iii. The pollutant load to the receiving waterbody to which the effluent would have been discharged if it were not reused is or will not be increased as a result of the reuse; and

iv. The water resources of the State are or will be conserved as a result of the reuse; and

6. Any additional information determined by the Department to be necessary to determine if the treatment equipment or conveyance equipment meets the requirements of this chapter.

(d) A responsible official of the industrial facility shall sign and certify the application for a DEB and any attachments. The certification shall read as follows:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete.

I certify that the treatment equipment is or will be used exclusively to treat effluent from a wastewater treatment facility, which effluent would otherwise have been legally discharged to the waters of the State, for purposes of reuse in an industrial process. I certify that the conveyance equipment is or will be used exclusively to transport effluent to the facility in which the treatment equipment has been or is to be installed and/or that the conveyance equipment is or will be used exclusively to transport the further treated effluent to an industrial facility for reuse in an industrial process.

I certify that all applicable Federal, State, and local permits and/or approvals for construction and/or operation of the treatment equipment or conveyance equipment have been obtained.

I certify that, to the best of my knowledge, the treatment equipment or conveyance equipment has not previously qualified for a tax credit pursuant to N.J.S.A. 54:10A-5.31 for the applicant or other owner or any previous owner of the equipment.

I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for purposely, knowingly, recklessly or negligently submitting false information."

(e) If an application is incomplete, the Department shall notify the applicant of the deficiency or deficiencies in writing.

(f) If an applicant does not submit the information necessary to complete the application within 30 calendar days after receipt of the Department's notification under (e) above, the Department shall inactivate and return the application, unless the applicant demonstrates good cause for a further extension of time to complete the application.

1. A previously inactivated application may be resubmitted within one year from the date of inactivation. After that date, a new application shall be submitted.

N.J. Admin. Code § 7:14D-2.1

Notice of readoption with technical changes.
See: 47 N.J.R. 1319(a).