N.J. Admin. Code § 7:1C-3.3

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

Section 7:1C-3.3 - Supplemental information

(a) An applicant shall supplement its EJIS with the information described below if the Department determines a facility is located, or proposed to be located, in whole or in part, in an overburdened community that is subject to adverse cumulative stressors or the facility cannot demonstrate that it will avoid a disproportionate impact that would occur by creating adverse cumulative stressors in the overburdened community as a result of the facility's contribution.

1. Site mapping showing:

i. Topographic conditions, contour data, drainage patterns, wetlands or their associated buffers, coastal zones, or other areas regulated by the Department;

ii. Areas of known plant or animal species on the Federal and State endangered, threatened, or rare plant or animal species list;

iii. All existing water classifications, designated uses, and limitations of the surface water bodies that are immediately adjacent to the site, exist on the site, or drain directly onto or off the site, upstream tributaries of bodies of water which flow onto the site, and downstream tributaries of bodies of water which flow from the site, in accordance with N.J.A.C. 7:9B; and

iv. Any existing onsite public scenic attributes or outdoor recreation and conservation opportunities in the overburdened community, such as any Federal, State, county, or municipal parks, forests, wildlife management areas and natural areas, any areas acquired for recreation and conservation purposes with Green Acres funding, program, or a non-profit conservation organization, any lands preserved as open space by a non-profit conservation organization or other public access features; and

2. Information pertaining to the existence or absence of contamination on site, which may include the existence of known, or suspected, contaminants, historical uses of the site, and any remediation activities that have occurred on the site;

3. A description of the ambient air quality data for existing concentrations of the National Ambient Air Quality Standard pollutants as identified at 42 U.S.C. §§ 7401 et seq., and a discussion of how the facility will comply with the requirements at N.J.A.C. 7:27;

4. A description of the subsurface hydrology that presents ground water quantity and quality data for the aquifers located beneath the site, including, but not limited to, depth to ground water during seasonal high and low flow, flow direction, existing uses, and future supply capabilities. In addition, a description of the soils that identifies major soil types and their characteristics, including, but not limited to, drainage, erosion potential, and sedimentation potential;

5. A description of the localized climate and flooding impacts through the presentation of site-specific data for average annual and monthly precipitation, flooding, and temperature. Meteorological data may be obtained from the nearest National Oceanographic and Atmospheric Administration sanctioned station.

i. At a minimum, the description shall use data and tools from the Department's Climate Change website (http://www.nj.gov/dep/climatechange), which must be referenced in the prepared document, and address:

(1) Whether the facility is located within a flood hazard area, as delineated by the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13;

(2) The expected impacts of flooding on the facility from the 100-year storm event and/or potential inundation due to sea level rise;

(3) Proposed resilience measures; and

(4) A list of measures to mitigate risks from flooding and inundation;

6. A traffic study that describes the transportation routes that will service the facility, site access capability, and existing traffic flow patterns expressed in terms of daily peak hour volumes, off peak hour volumes, levels of service, and average daily round trips, and the facility's current and proposed contributions thereto for all vehicles associated with the facility's operations;

7. A description of the sewage facilities that identifies the type of treatment system available, existing treatment capacity, collection system capacity, average and peak flow data, and current committed capacity for the treatment and collection system;

8. A description of the stormwater management system that identifies the type of collection and treatment system available, and current collection and treatment capacity and utilization, including the presence or absence of combined sewer overflows;

9. A description of the water supply that identifies the water supply system, water sources, level and type of existing pre-treatment, capacity of the distribution system, current commitment of capacity, availability of additional supply, and peak and average demands;

10. A description of the energy supply system on-site or immediately available to the site by identifying existing power lines or pipelines, current commitment of capacity, the capability of supplying energy to the proposed facility and/or activity, and conveying, if applicable, any energy products generated by the proposed facility and/activity from the site. This analysis shall include an evaluation of the feasibility of the utilization of onsite or offsite renewable energy resources to meet, fully or partially, the energy demand of the facility;

11. For new or expanded facilities, a sufficiently detailed comparison of reasonable design alternatives that would permit independent and comparative evaluation, including siting changes or process alternatives that could reduce some or all of the proposed facility's contributions to environmental and public health stressors in the overburdened community, including:

i. Identification of any significant differences in contributions to environmental and public health stressors that would reasonably result from the alternatives considered;

ii. A discussion of the alternative of no action or no project, including the major foreseeable consequences of such a choice;

iii. A comparison, in matrix or other appropriate format, of both the chosen alternative and the set of alternatives considered; and

iv. A justification of selection of the preferred alternative;

12. An odor, dust, and/or noise mitigation or management plan, if:

i. The facility has the potential to cause odor, dust, and/or noise off-site; or

ii. The facility has had a confirmed odor, dust, and/or noise complaint submitted through DEP's Hotline or the local health agency for the five years preceding the date of the permit application;

13. A detailed compliance history for the facility, including any existing Department permits and copies of any enforcement actions issued to the facility for the five years preceding the date of the permit application; and

14. An analysis and proposal of control measures to address the facility's contribution to environmental and public health stressors in accordance with N.J.A.C. 7:1C-5(new facilities), 6 (facility expansions), or 8 (renewal of existing major source permits).

(b) The requirements of this section are in addition to, and do not supersede, the EJIS requirements in accordance with N.J.A.C. 7:1C-3.2.

(c) An applicant may elect to submit an EJIS and any supplemental information, in accordance with this subchapter, independent of whether the facility is located, or proposed to be located, in whole or in part, in an overburdened community that is subject to adverse cumulative stressors or the facility cannot demonstrate that it will avoid a disproportionate impact that would occur by creating adverse cumulative stressors in the overburdened community as a result of the facility's contribution.

N.J. Admin. Code § 7:1C-3.3

Adopted by 55 N.J.R. 661(b), effective 4/17/2023