N.J. Admin. Code § 7:22-10.3

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

Section 7:22-10.3 - Establishing the level and scope of environmental review

(a) To initiate the planning process, the project sponsor may be required by the Department to attend a preplanning meeting with the Department. When a preplanning meeting is required, the project sponsor shall be required to provide a preplanning summary including a brief written description of the proposed planning area, the environmental infrastructure needs, the preliminary environmental infrastructure alternatives to be considered, and a preliminary appraisal of potential beneficial and adverse environmental and cultural resource impacts of the alternatives. A map of the proposed planning area shall also be included. The planning area must include the entire area expected to benefit from the proposed project as a whole (that is, at a minimum, the potential service area) without regard to the eligibility of individual project components. The length of the planning period will be 20 years, unless otherwise approved by the Department. On the basis of this information, as well as any other information that may be available to the Department, the Department shall make a preliminary decision regarding the level of environmental review (Level 1, 2, or 3) that shall be required. The scope of the environmental review, including environmental information documentation and the Department's evaluation process, shall include the entire planning area and the comprehensive environmental infrastructure project(s) proposed within the planning area.

(b) The Department shall make a preliminary determination regarding the requirements for cultural resource study on the basis of the preplanning summary or other information available, in accordance with N.J.A.C. 7:22-10.8.

(c) The following projects are exempt from a Level 1, 2 or 3 environmental review:

1. Equipment purchases;

2. Televising of pipes and repair by grouting;

3. Sanitary sewer rehabilitation projects that do not involve an increase in capacity, provided the Department determines that there are no adverse impacts to cultural resources or environmentally critical areas; and/or

4. Water meter replacement in the exact same locations as the existing meters.

(d) If during the review of the project application the Department determines that the scope of a project deviates from the project types listed at (c) above, then the project sponsor shall submit appropriate planning information in accordance with N.J.A.C. 7:22-10.4, 10.5 or 10.6, as applicable.

N.J. Admin. Code § 7:22-10.3