New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 19 - PRETREATMENT PROGRAM REQUIREMENTS FOR LOCAL AGENCIES › Section 7:14A-19.10 - Public notice and public hearing requirements for delegated local agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All delegated
				local agencies shall provide public notice and an opportunity for a public
				hearing for all requests for substantial modification of an industrial
				pretreatment program following the procedures under
				40
				CFR 403.11(b). The delegated
				local agency shall submit to the Department copies of the public notice, all
				written comments submitted in response to the public notice and public hearing,
				if conducted, and responses to comments. The Department shall approve or
				disapprove the modifications following the procedures noted in
				7:14A-19.9(e).
(b) All delegated local agencies shall
				provide public notice identifying those indirect users which met the
				significant noncompliance criteria under
				40
				CFR 403.8(f)(2)(viii) at any
				time during the period covered by the delegated local agency's 40 CFR Part 403
				Annual Report submitted to the Department pursuant to
				7:14A-19.6(f).
				This public notice shall be published in a newspaper of general circulation
				that provides meaningful public notice within the jurisdiction served by the
				delegated local agency no later than 60 days after the 40 CFR 403 Annual Report
				due date.
(c) A delegated local
				agency shall afford an opportunity to the public to comment on a proposed
				administrative consent order prior to final adoption if the administrative
				consent order would establish interim enforcement limits that would relax
				effluent limitations established in a permit or a prior administrative order.
				The delegated local agency shall provide public notice of the proposed
				administrative consent order, announce the length of the comment period, which
				shall be not less than 30 days, commencing from the date of publication of the
				notice. A notice shall also include a summary statement describing the nature
				of the violation necessitating the administrative consent order and its terms
				and conditions; shall specify how additional information on the administrative
				consent order may be obtained; and shall identify to whom written comments are
				to be submitted. At least three days prior to publication of the notice, a
				written notice containing the same information to be provided in the public
				notice shall be mailed to the mayor and governing body of the municipality and
				county in which the violation occurred, and to any other persons who have
				expressed an interest in the public notice, including any other governmental
				agencies. The delegated local agency shall consider the written comments
				received during the comment period prior to final adoption of the
				administrative consent order. Not later than the date that final action is
				taken on the proposed order, the delegated local agency shall notify each
				person or group having submitted written comments on the main provisions of the
				approved administrative consent order and respond to the comments received
				therefrom.
(d) The delegated local
				agency, on its own initiative or at the request of any person submitting
				written comments pursuant to (c) above, may hold a public hearing on the
				proposed administrative order or administrative consent order, prior to final
				adoption if the order would establish interim enforcement limits that would
				relax for more than 24 months effluent limitations established in a permit or a
				prior administrative order or administrative consent order. Public notice for
				the public hearing to be held pursuant to this subsection shall be published
				not more than 30 and not less than 15 days prior to the holding of the hearing.
				The hearing shall be held in the municipality in which the violation
				necessitating the order occurred.
(e) All delegated local agencies shall
				provide public notice and may hold a public hearing for any proposed new
				indirect user IPP permits, proposed renewed indirect user IPP permits, proposed
				revocations of any indirect user IPP permits, or proposed major modifications
				to any existing indirect user IPP permits.
(f) Any public hearing held for a proposed
				permit action under (e) above shall be conducted consistent with
				7:14A-15.12.