N.J. Admin. Code § 7:1F-5.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:1F-5.2 - Major modifications

(a) Prior to performing a major modification, an owner and operator of an underground storage cavern system shall submit an application in accordance with N.J.A.C. 7:1F-4.2(a) for major modification, which shall include the following information to the Department:

1. An updated feasibility study completed, in accordance with N.J.A.C. 7:1F-2.1;

2. Updated design specifications, in accordance with N.J.A.C. 7:1F-2.2(a);

3. Documentation demonstrating the competency and independence of the third party conducting an evaluation of the materials at (a)1 and 2 above, in accordance with N.J.A.C. 7:1F-2.5;

4. Updated documents required, pursuant to N.J.A.C. 7:1F-3.1(a), (b), and (c);

5. An updated operation and maintenance plan, in accordance with N.J.A.C. 7:1F-3.2; and

6. An updated emergency response plan, in accordance with N.J.A.C. 7:1F-3.4.

(b) The Department shall make an administrative review of the information required at (a) above, as follows:

1. If the information submitted is incomplete or does not contain the information required pursuant to (a) above, the Department shall, within 30 days of receipt of the information, advise the owner and operator, in writing, as to the additional information required to make the submittal administratively complete and the date by which the additional information must be received by the Department.

2. If the request contains all documents and information required pursuant to (a) above and is determined to be administratively complete, the Department, within 30 days of receipt of the request, shall so advise the applicant in writing.

(c) After the Department declares the information required pursuant to (a) above to be administratively complete, the owner and operator shall retain a third party, in accordance with N.J.A.C. 7:1F-2.5, to conduct and complete an evaluation report of the information submitted pursuant to (a) above. The third party shall submit its evaluation report directly to the Department for technical review. Within 180 days, the Department shall review the submitted information required pursuant to (a) above and the evaluation report, in accordance with the following:

1. If the information required at (a) above and the evaluation report do not contain sufficient technical information or if the information requires clarification, the Department shall so advise the owner and operator, in writing, and provide a list of deficiencies and additional or clarifying information required to make the request complete. If the requested additional or clarifying information is not submitted to the Department within 30 days of receiving the notice of deficiency, the Department may:

i. Extend the date by which the requestor must provide additional or clarifying information; or

ii. Deny the modification pursuant to N.J.A.C. 7:1F-4.7.

2. The third party shall evaluate any changes to the information submitted pursuant to (b) above, as appropriate. The third party shall submit its evaluation of the updated information to the Department.

3. If the information required pursuant to (a) above and the evaluation report contain sufficient technical information and the changes to the cavern system conform with the protections and requirements of the Act and this chapter, the Department shall prepare a draft approval of the major modification and bill the owner and operator for the Department review activity fees, in accordance with N.J.A.C. 7:1F-1.9(g).

(d) The Department shall publish, in the DEP Bulletin, notice of the receipt of the request for major modification, and shall also publish notice of each significant action or determination the Department makes regarding an application under review. The notice shall include:

1. The name of the owner and operator of the system;

2. The permit application number;

3. The location of the proposed system or facility; and

4. The date and description of the Department's action or determination.

(e) Upon publication, in the DEP Bulletin, of a notice of a draft approval of a major modification, the Department shall hold a public hearing no sooner than 15 days after publication of the notice. A comment period will be held open for a period of 30 days after the public hearing. The Department, in its discretion, may extend the comment period for an additional 30 days beyond the initial 30-day comment period.

(f) Upon completion of a comment period for a draft approval of a major modification pursuant to (e) above, the Department shall:

1. Issue an approval with any conditions it deems appropriate;

2. Require additional or clarifying information from the owner and operator if information received during the comment period necessitates substantial changes to the request or additional review by the Department; or

3. Deny the request pursuant to N.J.A.C. 7:1F-4.7.

N.J. Admin. Code § 7:1F-5.2

Adopted by 55 N.J.R. 905(a), effective 5/1/2023