N.J. Admin. Code § 7:14D-2.3

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

Section 7:14D-2.3 - Action on application; standards for decision

(a) Based on its review of the complete application submitted in accordance with 7:14D-2.1, and any public comment received in accordance with 7:14D-2.2, the Department shall issue a DEB if it determines that the following standards are met:

1. The treatment equipment is or will be used exclusively to treat effluent from a wastewater treatment facility for the purposes of reuse in an industrial process, which effluent would otherwise have been legally discharged into waters of the State;

2. The conveyance equipment is or will be used exclusively to transport effluent to the facility in which treatment equipment has been or is to be installed and/or to transport further treated effluent to an industrial facility for reuse in an industrial process; and

3. The reuse of the further treated effluent is or will be beneficial to the water resources of the State. The following factors shall be considered in this determination:

i. That 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 legally discharged;

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

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

(b) A DEB issued under this section shall include:

1. The name of the industrial facility and the applicant to whom the DEB is issued;

2. A list of the treatment equipment or conveyance equipment that the Department has determined meets the requirements of this chapter;

3. The purchase cost of the treatment equipment or conveyance equipment that the Department has determined meets the requirements of this chapter;

4. The date of the DEB; and

5. A statement that, pursuant to this chapter, the Department has determined that the treatment or conveyance equipment will, in its operation, and considered in conjunction with the reuse of the further treated effluent that results from that operation, result in an environmental benefit.

(c) The DEB shall be accompanied by a summary prepared by the Department, which shall include the following:

1. A description of the relevant public comments received on the DEB application and the Department's responses to issues raised in the comments; and

2. An explanation of the basis of the Department's determination that the treatment equipment or conveyance equipment complies with the standards at (a) above and the requirements of this chapter.

(d) If the Department determines that the treatment equipment or conveyance equipment for which the DEB application was submitted does not meet the standards at (a) above, the Department shall deny the DEB in writing. The denial shall state the basis for the denial, including a description of relevant public comments received on the DEB application and the Department's responses to issues raised in the comments.

(e) The Department shall provide a copy of each DEB issued under this chapter to the Division of Taxation, New Jersey Department of Treasury, and to any person who submitted written comments on the application in accordance with 7:14D-2.2.

N.J. Admin. Code § 7:14D-2.3