New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 15 - PROCEDURES FOR DECISION MAKING-NJPDES PERMIT PROCESSING REQUIREMENTS › Section 7:14A-15.4 - Procedures for Department review of individual NJPDES permit applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The procedures
				for review of an application for an individual NJPDES permit application are as
				follows:
1. An applicant shall comply with
				the permit application requirements contained in N.J.A.C. 7:14A-4 and any
				specific permit application requirements for the particular type of discharge
				as outlined elsewhere in this chapter before the Department begins the
				processing of an individual permit application.
2. Within 30 days of receipt of an
				application, the Department shall send written notice to the applicant and, if
				other than the applicant, to the person(s) who prepared the application as to
				whether the application and supporting documentation constitutes an
				administratively complete application for the purpose of commencing a technical
				review of the application. The notice shall specify if the application lacks a
				submission identified in the permit application checklist obtained pursuant to
				7:14A-15.3(c)  or
				if any particular submission is incomplete.
3. Within 20 days after an application is
				determined to be administratively complete the Department shall send written
				notice to the applicant and, if other than the applicant, to the person(s) who
				prepared the application specifying the name of the individual(s) assigned to
				review the application.
4. If an
				application, including all necessary documentation, is determined to be
				administratively complete, the application shall be deemed complete for the
				purposes of commencing technical review thereof, and any applicable time period
				established for completing a review of the application and taking final action
				thereon shall, notwithstanding any other provisions of law to the contrary,
				commence on the 31st day following the date of filing of the administratively
				complete application.
5. If an
				application is determined to be not administratively complete and the
				Department fails to issue written notice to an applicant pursuant to (a)2
				above, the application shall be deemed administratively complete for the
				purposes of commencing a technical review, and any applicable time period
				established to complete a review of the application and take final action
				shall, notwithstanding any other provisions of law to the contrary, commence on
				the 31st day following the date of filing of the administratively complete
				application.
6. Commencement of a
				technical review of the application shall not be delayed because of the failure
				of an applicant to file a submission not specifically identified on the
				checklist for that application that was in effect as of the date of the filing
				of the application.
7. If an
				application is deemed not administratively complete for the purposes of
				commencing a technical review, the Department shall provide the applicant with
				written notice of the information necessary to make the application complete.
				The Department shall specify in the notice of deficiency a date for submitting
				the necessary information. The applicant may request an extension for any such
				submittal.
8. If the application is
				deemed administratively complete for the purposes of commencing a technical
				review but is subsequently deemed technically incomplete, the Department shall
				provide the applicant with written notice of the information necessary to make
				the application technically complete. The Department shall specify in the
				notice of deficiency a date for submitting the necessary technical information.
				The applicant may request an extension for any such submittal.
9. The permit application will be inactivated
				and the applicant notified if the applicant fails or refuses to correct
				deficiencies to the satisfaction of the Department within the time frames
				established pursuant to (a)7 or 8 above.
10. Within 30 days of a written request by an
				applicant, the Department shall notify an applicant of the status of the
				application and of any outstanding issues relating to review of the
				application.
11. Nothing in this
				subsection shall be construed to:
i. Limit the
				authority of the Department to request at any time a submission that was not
				identified on the checklist for an application if the submission is required by
				State or Federal law, or rule or regulation promulgated in accordance
				therewith, except that such additional submission shall not affect any
				applicable time period established for the Department to review and take final
				action on a completed application;
ii. Diminish the responsibility of an
				applicant to comply with all applicable requirements of State or Federal law,
				or any rule or regulation promulgated in accordance therewith, or an order
				issued thereunder;
iii. Compromise
				or limit any enforcement action available to the Department pursuant to law;
				or
iv. Exempt an applicant from
				complying with all applicable provisions of Federal and State laws, or rules or
				regulations promulgated pursuant thereto.