N.J. Admin. Code § 7:22-10.10

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

Section 7:22-10.10 - Public participation

(a) The project sponsor shall inform the affected public regarding the intent to develop and implement an environmental infrastructure project and shall solicit input from the affected public prior to selection of the alternative which will become the proposed project. The project sponsor is encouraged to utilize appropriate public participation mechanisms, which shall include, but are not limited to, notices, newsletters, citizens advisory groups, public meetings, and public hearings to solicit comments. The minimum requirements for public participation at each level of environmental review are specified in 7:22-10.4, 10.5 and 10.6.

(b) Where a public hearing is required, a public hearing shall be noticed and documented by the project sponsor in the following manner:

1. A public notice shall be prepared by the project sponsor and submitted to the Department for approval prior to its publication. The advertisement shall include a brief description of the proposed project, its location and costs. The time, date and place of the public hearing must provide the affected public with an opportunity to attend and fully participate. A retail or display advertisement located in the body of the newspaper noting the date, time, place and subject of the hearing shall be published at least 30 days in advance of the hearing. The advertisement shall indicate repositories where planning documentation prepared for the project will be available for public review. The advertisement shall be placed in a newspaper of general circulation in the project planning area for a Level 2 review, and in at least two newspapers Statewide for a Level 3 review.

2. A verbatim transcript or detailed minutes shall be prepared of the proceedings. The transcript or minutes, any written comments received on the proposed project, and a summary of significant public comments along with the response to the comments, shall be submitted by the project sponsor to the Department as part of the planning documentation.

(c) A mailing list shall be developed by the Department for each project, for use by the Department to inform the public and other interested parties of its decisions regarding the project. The mailing list shall include elected officials, Federal, State and local government agencies, environmental groups, and other interested groups and individuals appropriate to the planning area for the proposed project.

(d) In addition to the public hearing, the Department may require supplemental measures to inform and solicit comments from the public under the following conditions:

1. Where factors, such as delays in project implementation or errors in cost estimation, result in significant increases in the user cost burden prior to the award of financial assistance, the project sponsor may be required to place a retail or display advertisement in the body of a newspaper of general circulation in the planning area which describes the proposed project and the revised costs, including user cost, and which establishes a comment period of 30 days. A summary of any public comment received during the comment period shall be submitted by the project sponsor to the Department. Based on the response of the public to the advertisement, the Department will determine if further project evaluation is required.

2. Where, as a result of the re-evaluation of the environmental review conducted in accordance with 7:22-10.7, the Department determines that significant changes in the project or project impact have occurred, which warrant public input, the Department may determine that a supplemental public advertisement as in (d)1 above or a public hearing as in (b) above is required prior to award of financial assistance.

3. Where notice of the public hearing does not comply with the requirements of (b) above or where significant project issues including costs or impacts were not disclosed, the Department may determine that a supplemental public advertisement as in (d)1 above or a public hearing as in (b) above is required prior to award of financial assistance.

N.J. Admin. Code § 7:22-10.10

Amended by R.1992 d.42, effective 1/21/1992.
See: 23 New Jersey Register 3282(a), 24 New Jersey Register 246(a).
Modification was made clarifying circumstances under which a project change could trigger additional public participation activities.
Amended by R.1995 d.494, effective 9/5/1995.
See: 27 New Jersey Register 1536(a), 27 New Jersey Register 3403(a).
Amended by R.1998 d.407, effective 8/3/1998.
See: 30 New Jersey Register 1144(a), 30 New Jersey Register 2863(a).
In (a), substituted "project sponsor" for "local government unit" and "an environmental infrastructure" for "a wastewater management", and changed N.J.A.C. references; in (b) substituted "project sponsor" for "local government unit" throughout; and in (d), inserted "In addition to the public hearing," at the beginning of the introductory paragraph and substituted "project sponsor" for "local government unit" in 1.
Amended by R.2006 d.22, effective 1/3/2006.
See: 37 New Jersey Register 2645(a), 38 New Jersey Register 139(a).
Rewrote (b)1; in (c), rewrote the first sentence to clarify the purpose of the Department mailing list.