reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 13 - EFFLUENT LIMITATIONS FOR DSW PERMITS › Section 7:14A-13.18 - Inclusion of action levels for water quality based effluent limitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where the
				Department has developed water quality based effluent limitations utilizing a
				chemical equilibrium which includes non-limited pollutants or pollutant
				parameters which control the chemical equilibrium, action levels for the
				controlling pollutants or pollutant parameters equal to the values used in the
				chemical equilibrium calculation shall be included in the permit as permit
				monitoring conditions.
(b) For
				ammonia-N limitations, action levels shall be determined and included for pH
				and may be included for temperature, alkalinity or hardness.
(c) For those metals where the applicable
				criterion is dependent on hardness, an action level shall be included for
				hardness.
(d) If the discharge is
				not in conformance with the applicable action level for a period of time not to
				exceed the duration of the applicable criterion, the permittee shall take the
				specific actions stipulated in the discharge permit. These actions may require
				the permittee to:
1. Collect the necessary
				instream data during the period of the non-conformance to determine if the
				instream criteria were exceeded during the period of non-conformance;
				and
2. Prepare and submit with the
				monthly DMR, a report which details the frequency and duration of any
				non-conformance with the action levels as set forth in the permit and includes
				all instream and effluent data collected during periods of
				non-conformance.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 13 - EFFLUENT LIMITATIONS FOR DSW PERMITS › Section 7:14A-13.19 - Antibacksliding

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided for under Section 402(
o
) of the Federal Act (
				33 U.S.C. §
										1342 (
o
)), when a permit is
				modified, renewed or reissued, all effluent limitations or standards shall be
				at least as stringent as the final and effective effluent limitations or
				standards in the previous permit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 13 - EFFLUENT LIMITATIONS FOR DSW PERMITS › Section 7:14A-13.20 - Limitations for non-continuous discharges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				applicable requirements specified in
				7:14A-13.2 through 13.19,
				discharges which are not continuous shall be specifically described and limited
				by one or more of the following measures, as appropriate:
1. Frequency (for example, a discharge shall
				not occur more often than once every three weeks);
2. Total mass (for example, a discharge shall
				not exceed 100 kilograms of zinc and 200 kilograms of copper per batch
				discharge);
3. Maximum rate of
				discharge of pollutants during the discharge event (for example, the discharge
				shall not exceed two kilograms of zinc per minute);
4. Maximum concentration of pollutants (for
				example, the concentration shall not exceed one milligram per liter of zinc);
				and
5. Prohibition or limitation of
				specified pollutants by mass, concentration, or other appropriate measure (for
				example, a discharge shall not contain more than 0.1 mg/L of zinc at any time
				or more than 250 grams of zinc in any batch discharge).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 13 - EFFLUENT LIMITATIONS FOR DSW PERMITS › Section 7:14A-13.21 - Implementation of water quality based effluent limitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				implementation procedures in (b) through (e) below shall be utilized by the
				Department as a process to incorporate water quality based effluent limitations
				in discharge permits to ensure compliance with the Surface Water Quality
				Standards.
(b) Whole effluent
				toxicity shall be incorporated in discharge permits where a water quality based
				whole effluent toxicity limitation is required in accordance with
				7:14A-13.5, water quality based
				whole effluent toxicity limitations shall be determined and incorporated into
				the discharge permit in accordance with
				7:14A-13.6. The permit may include
				a schedule to achieve compliance with the water quality based limit.
1. Where a water quality based whole effluent
				toxicity limitation is not required, the discharge permit may still include a
				whole effluent toxicity action level in accordance with
				7:14A-13.18(f).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 14 - MONITORING FREQUENCY REQUIREMENTS APPLICABLE TO DSW AND SIU PERMITS › Section 7:14A-14.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				sets forth the monitoring frequency requirements for parameters included in DSW
				and SIU permits that are either monitored and limited, or monitored
				only.
(b) The Department shall
				specify alternative monitoring requirements in a permit, other than specified
				in this subchapter, for cause, provided the Department justifies such
				alternative monitoring requirements in the fact sheet for the draft
				permit.
(c) All monitoring shall be
				performed in accordance with the monitoring requirements contained in
				7:14A-6.5 and monitoring results
				submitted to the Department on forms as specified by and available from the
				Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 14 - MONITORING FREQUENCY REQUIREMENTS APPLICABLE TO DSW AND SIU PERMITS › Section 7:14A-14.2 - Monitoring frequency requirements for direct surface water discharges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A monitoring
				schedule for parameters included in a DSW permit shall be established as
				provided in Tables 14-1 through 14.4 below. Tables 14-2 and 14-4 establish
				monitoring frequencies for parameters in DSW permits that are either monitored
				and limited, or monitored only. Tables 14-1 and 14-3 establish monitoring
				frequencies in DSW permits that are monitored and limited.
Click here to view image.
(b) The monitoring frequency for any
				parameter or group of parameters will be increased for a specific discharger if
				the Department determines that increased monitoring frequency is appropriate
				based on factors such as effluent variability, non-compliance history, or other
				site specific factors. The Department shall describe the reasons for the
				increased monitoring in the draft permit fact sheet.
(c) The monitoring frequency for any
				parameter or group of parameters will be decreased when:
1. An existing discharge permit specifies
				less frequent monitoring than is specified in this section, the reduced
				monitoring frequency will be continued in the renewed permit provided the
				discharger has demonstrated consistent compliance with the specified
				parameters;
2. A permit specifies
				conditions for monitoring frequency reduction and the permittee complies with
				all conditions; or
3. A permittee
				requests a reduction in compliance monitoring frequency during the time that
				the permittee is engaged in a watershed TMDL study in cooperation with the
				Department and/or other dischargers and the Department considers the change
				warranted. The monitoring frequency reduction will be effected as a major
				modification of the discharge permit in accordance with
				7:14A-16.4(b)20.
				This provision does not affect the Department's authority to require ambient
				monitoring as part of the permit application or as a permit
				condition.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 14 - MONITORING FREQUENCY REQUIREMENTS APPLICABLE TO DSW AND SIU PERMITS › Section 7:14A-14.3 - Monitoring frequency requirements for NJPDES-SIU permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section
				establishes monitoring requirements for SIU permits issued by the Department.
				Monitoring frequency for each parameter shall be determined based on the
				following factors:
1. The permittee's
				compliance history;
2. The impact
				of the discharge on the receiving local agency's treatment process, discharge
				and/or sludge quality or potential for endangerment to public health or to the
				local agency employee's health or safety;
3. The volume (or mass) of the
				discharge(s);
4. Production
				variations (variability of the discharge); and
5. Any Federal or local requirements
				regarding significant indirect users.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 14 - MONITORING FREQUENCY REQUIREMENTS APPLICABLE TO DSW AND SIU PERMITS › Section 7:14A-14.4 - Monitoring frequency requirements for polychlorinated biphenyls (PCBs) effluent characterization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section
				establishes the monitoring frequencies for conducting effluent characterization
				for PCBs if required by
				7:14A-11.13.
1. The monitoring frequency for the PCB
				effluent characterization will be up to six samples during a period of 24
				months, not to exceed three dry samples and/or three wet samples. All samples
				shall be performed using a 24-hour composite sample type, with the exception of
				short-term wet weather discharges, which shall be performed using a grab
				sample.
2. If monitoring under
				7:14A-11.13 demonstrates
				non-detectable levels in the effluent utilizing Method 1668A, the permittee may
				request a frequency reduction in accordance with this subchapter.
3. If, based in part on the PCB monitoring
				required under
				7:14A-11.13, the Department
				determines that a permittee is required to develop and implement a Pollutant
				Minimization Plan (PMP) in accordance with
				7:14A-11.13, the Department may
				suspend, reduce, or eliminate the remaining PCB monitoring.
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-15.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter sets forth the procedural stages that the
				  Department shall follow when processing an individual NJPDES permit and, as
				  applicable, a general NJPDES permit. These procedural stages include conducting
				  a permit preapplication conference when requested, receiving a permit
				  application, performing an administrative and technical review of the
				  application, preparing a draft permit, issuing a public notice, inviting public
				  comment, holding a public hearing on a draft permit as applicable, issuing a
				  final permit decision, responding to comments and establishing an
				  administrative record for the permit action. The procedural stages of the
				  NJPDES permit application and decision process are outlined in Appendix A of
				  this subchapter as a guide for permit applicants.
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-15.3 - Preapplication conferences, permit checklists and technical manuals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall convene a preapplication conference within 30 days of receipt of a
				written request for such a conference submitted pursuant to (b) below. The
				purpose of the preapplication conference is to discuss general program
				requirements and their application to the proposed project or
				activity.
(b) A prospective
				applicant seeking a preapplication conference shall submit to the address below
				a completed preapplication conference request form and a conceptual plan of the
				proposed project for which permit approval is sought. Preapplication conference
				request forms may be obtained from the Department by writing or calling:
New Jersey Department of Environmental Protection
Office of Permit Coordination and Environmental Review
PO Box 423
401 East State Street
Trenton, NJ 08625-0423
(609) 292-3600
(c) Upon receipt of a written request sent to
				the address listed in (b) above, the Department shall provide a prospective
				applicant with a permit application checklist to identify those items required
				to be submitted in order for a permit application to be declared
				administratively complete, including:
1. The
				application form(s) required for an administratively complete
				application;
2. Any documents or
				other written submissions required to be filed with the application under this
				chapter; and
3. Any filing, notice,
				hearing or other requirement that is a precondition for review and processing
				of an application, including any required certification of
				compliance.
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-15.5 - Consolidation of permit processing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever an
				applicant proposes or requests a permit or permit renewal for more than one
				type of discharge covered by this chapter, the applicant, to the extent
				practicable, shall submit applications for all required permits to discharge
				concurrently and, to the extent practicable, the Department shall consolidate
				the processing of the permit applications.
(b) Whenever draft permits are concurrently
				prepared, the statements of basis (see
				7:14A-15.7 ) or fact sheets (see
				7:14A-15.8 ), administrative
				records (see
				7:14A-15.9 ), public comment
				periods (see
				7:14A-15.10 ), and any public
				hearings (see
				7:14A-15.12 ) on those permits
				shall be consolidated. The final permits, to the extent practicable, shall be
				concurrently issued except where, in the judgment of the Department, joint
				processing will result in unreasonable delay in the issuance of one or more
				approval(s) for the discharge.
(c)
				Whenever an existing facility or activity requires additional permits covered
				by this chapter, the Department shall, to the extent practicable, coordinate
				the expiration date(s) of the new permit(s) with the expiration date(s) of the
				existing permit(s) and make necessary adjustments of these dates so that all
				permits expire simultaneously. Subsequent renewal applications shall also be
				similarly consolidated.
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-15.6 - Draft permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After review of
				a complete permit application, the Department shall take one of the following
				actions:
1. For a modification, revocation
				and reissuance, renewal or new permit, issue a draft permit which includes a
				fact sheet in accordance with
				7:14A-15.8;
2. For the suspension or revocation of an
				existing permit or the denial of an application for a new permit or permit
				renewal, issue a notice of intent to suspend, revoke or deny, as applicable, in
				accordance with
				7:14A-15.7(a) 
				setting forth the basis for the permit action; or
3. For the denial of an application for a
				modification, revocation and reissuance, suspension, or revocation of a permit,
				send the applicant a response letter stating the reason(s) for the denial in
				accordance with
				7:14A-16.3.
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-15.7 - Statement of basis

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall prepare a statement of basis when:
1.
				It suspends or revokes an existing permit pursuant to
				7:14A-16.6; or
2. It denies an application for a new permit
				or permit renewal.
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-15.9 - Administrative record for the draft permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions
				of a draft permit shall be based on the administrative record as defined in
				this section.
(b) For preparing a
				draft permit under
				7:14A-15.6, the administrative
				record shall consist of:
1. The application,
				if required, and any supporting data furnished by the applicant;
2. The draft permit;
3. The statement of basis pursuant to
				7:14A-15.7 or fact sheet pursuant
				to 7:14A-15.8;
4. All documents cited in the statement of
				basis or fact sheet; and
5. Other
				documents contained in the supporting file for the draft permit.
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-15.10 - Public notice of permit actions and public comment period

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department,
				or the applicant upon authorization by the Department, shall publish public
				notice pursuant to (e) below for the following:
1. Issuance of a draft permit under
				7:14A-15.6;
2. Scheduling of a public hearing under
				7:14A-15.12; and
3. Reopening or extension of the public
				comment period under
				7:14A-15.14, except that when the
				comment period is extended for 15 days or less, public notice of the extension
				shall be limited to an oral or written notice to the applicant and to those
				persons who commented on the draft permit.
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-15.11 - Public comments and requests for public hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) During the
				public comment period established under
				7:14A-15.10, any person may submit
				written comments on a draft permit based upon significant and relevant issues
				and data.
(b) If a public hearing
				has not already been scheduled, a person may request a public hearing on a
				draft permit for which public notice has been published pursuant to
				7:14A-15.10. A request for a public
				hearing shall be in writing and shall state the nature of the significant and
				relevant issues proposed to be raised in the hearing and why these issues
				cannot be adequately expressed other than at a public hearing.
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-15.12 - Public hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall hold a public hearing if there is or may be a significant degree of
				public interest in favor of holding a public hearing. The Department may hold a
				public hearing if it determines that a hearing is likely to clarify one or more
				legal and/or factual issues on a draft permit and that oral testimony is
				essential to adequately express all issues and concerns.
(b) Public hearings shall be conducted in a
				non-adversarial manner wherein a person shall be afforded an opportunity to
				submit oral or written statements and data concerning the draft
				permit.
(c) The Department may set
				reasonable limits upon the time allowed for oral comments at the public hearing
				and may also require the submission of written statements.
(d) The Department shall extend the public
				comment period established pursuant to
				7:14A-15.10 to the close of any
				public hearing held pursuant to this section. The Department may also extend
				the comment period beyond the public hearing by so stating at the
				hearing.
(e) If a permittee has
				requested to arrange for a public hearing and the Department determines that a
				public hearing is warranted based on (a) above, it shall be the sole
				responsibility of the applicant to secure the use of an adequate facility to
				hold the public hearing and to obtain any ancillary services associated with
				the public hearing including, but not limited to, a stenographer and/or tape
				recording. The location, time and date of the public hearing shall be mutually
				acceptable to the Department and the applicant.
(f) When a permittee arranges the public
				hearing, it shall provide the Department with two copies of the public hearing
				transcript at no charge to the Department.
(g) The Department shall make available for
				public inspection a written transcript of the public hearing. A copy of the
				transcript will be sent, on request, for a reasonable fee for
				copying.
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-15.13 - Obligation to raise issues and provide information during the public comment period

Current through Register Vol. 56, No. 14, July 15, 2024
Any applicant or permittee or person interested in being
				  considered a party to an action pursuant to
				  7:14A-17.3 who believes that any
				  action under
				  7:14A-15.10(a)  is
				  inappropriate shall raise all reasonably ascertainable issues and submit, in
				  writing to the Department by certified mail (return receipt requested), or by
				  other means which provides verification of the date of delivery to the
				  Department all such reasonably ascertainable arguments and factual grounds
				  supporting them, including all supporting materials, by the close of the public
				  comment period. If an applicant or permittee or any person fails to raise any
				  reasonably ascertainable issues within the public comment period, the right to
				  raise or contest any such issues in any subsequent adjudicatory hearing or
				  appeal shall be deemed to have been waived. All supporting materials shall be
				  included in full and may not be incorporated by reference, unless they are
				  already part of the administrative record in the same proceeding, or consist of
				  State or Federal statutes and regulations, USEPA documents of general
				  applicability, or other generally available reference materials. Commenters
				  shall make any supporting material incorporated by reference available at the
				  request of the Department.
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-15.14 - Reopening of the public comment period

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon its
				determination that any data, information or argument submitted during the
				comment period raises significant legal and/or factual issues that are likely
				to affect the final decision on the permit, the Department shall take one or
				more of the following actions:
1. Prepare a
				new draft permit, appropriately modified, pursuant to
				7:14A-15.6;
2. Prepare a revised statement of basis under
				7:14A-15.7, or a revised fact sheet
				pursuant to
				7:14A-15.8, and reopen the comment
				period under (a)3 below; or
3.
				Reopen or extend the comment period to give a person the opportunity to comment
				on the data, information or arguments so submitted.
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-15.15 - Final permit decision and issuance and effective date of a permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall issue a final permit decision after the close of the public comment
				period. The Department also shall notify, in writing, the applicant or
				permittee and each person who submitted written comments or requested notice of
				the final permit decision. This notification shall include reference to the
				procedures provided to the applicant or permittee and persons other than the
				applicant or permittee for contesting the Department's decision on a
				permit.
(b) A final permit shall
				not become effective until 30 days from receipt by the permittee of the permit
				except when:
1. An effective date is not
				specified in the permit but the permit specifies that the permittee may request
				the establishment of the effective date at a subsequent time;
2. A later effective date is specified in the
				permit; or
3. The Department has
				received no comment from persons other than the permittee on the draft permit
				and an immediate effective date is requested by the permittee, in writing, and
				the Department concurs.
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-15.16 - Response to comments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall specifically respond to comments concerning draft permits from persons,
				including comments from affected states, by issuing a response to comments
				document at the time that a final permit decision is issued. The document
				shall:
1. State what action the Department
				has taken on the final permit or permit decision;
2. Specify which provisions, if any, of the
				draft permit have been changed in the final permit, and the reasons for the
				change. The Department shall make only those changes which do not destroy the
				value of the original fact sheet or statement of basis; and
3. Briefly describe and respond to all
				significant and relevant comments on the draft permit raised during the public
				comment period, or during any public hearing.
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-15.17 - Administrative record for the final permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall base final permit decisions made pursuant to
				7:14A-15.15 on the administrative
				record, which shall consist of the following:
1. The administrative record for the draft
				permit under
				7:14A-15.9;
2. All comments received during the public
				comment period established under
				7:14A-15.10 including any extension
				or reopening under
				7:14A-15.14;
3. The tape or transcript of any public
				hearing(s) held under
				7:14A-15.12;
4. Any written materials submitted at any
				public hearing held under
				7:14A-15.12;
5. The response to comments document prepared
				under 7:14A-15.16 and any new material
				placed in the record under that section;
6. Other documents contained in the
				supporting file for the permit; and
7. The final permit.
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 › Appendix A

Current through Register Vol. 56, No. 14, July 15, 2024
GUIDE TO THE NJPDES PERMIT PROCESSING REQUIREMENTS
Appendix A is designed to assist a new applicant, or
				  permittee in following the permit procedural requirements set out in this
				  chapter. An applicant should read the full text of the regulations before
				  applying for a permit.
The flow chart outlines a sequence of events directed by
				  arrows and is divided into two sections as follows:
Section 1--Application Procedures
Section 1 outlines the actions leading to a permit
				  application and the Department's administrative review of the application. The
				  key items in this section are that prior to a permit application an applicant
				  shall have:
1. Received a
				determination of consistency (unless submitting a concurrent permit and plan
				amendment application) pursuant to
				N.J.A.C.
				7:14A-15.4(b)  in accordance
				with the Statewide Water Quality Management Planning Rules at N.J.A.C. 7:15;
				and
2. Requested a letter of
				comment or objections from the municipality or sewerage authority pursuant to
				N.J.A.C.
				7:14A-4.3(a)13.
Section 2--Permit Decision Process
Section 2 outlines the steps in the technical review of the
				  permit application, how a permit will be prepared and publicly noticed for
				  comment, and how a final permit decision will be issued. The key item in this
				  section is the public comment period (N.J.A.C.
				  7:14A-15.10 ). Unless issues are raised
				  during this period they may not be adjudicated during the hearing process if
				  the applicant appeals the Department's final decision on the permit.
Data
				  in image
Data in image
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 16 - TRANSFER, MODIFICATION, REVOCATION AND REISSUANCE, RENEWAL, SUSPENSION, AND REVOCATION OF EXISTING PERMITS › Section 7:14A-16.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter sets forth the causes for and the procedures
				  governing the transfer, modification, revocation and reissuance, renewal,
				  suspension, and revocation of existing NJPDES permits. Specific procedures
				  governing authorizations issued under general permits are set forth at
				  7:14A-6.13.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 16 - TRANSFER, MODIFICATION, REVOCATION AND REISSUANCE, RENEWAL, SUSPENSION, AND REVOCATION OF EXISTING PERMITS › Section 7:14A-16.2 - Transfer of a permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A permittee
				shall not transfer a NJPDES permit to any person except after due notice to the
				Department in accordance with (b) or (d) below.
(b) To identify a new owner or operator, a
				permit may be transferred:
1. As a major
				modification or revocation and reissuance if one or more causes at
				7:14A-16.4 are
				identified;
2. As a minor
				modification with changes identified at
				7:14A-16.5; or
3. As an automatic transfer under (d)
				below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 16 - TRANSFER, MODIFICATION, REVOCATION AND REISSUANCE, RENEWAL, SUSPENSION, AND REVOCATION OF EXISTING PERMITS › Section 7:14A-16.3 - Procedures for the modification, revocation and reissuance, renewal, suspension, or revocation of a permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An existing
				permit shall be modified, revoked and reissued, renewed, suspended, or revoked
				for cause as specified at
				7:14A-16.4 through 16.6, as
				applicable, either at the request of the permittee, or a person, or upon the
				Department's initiative.
(b) Any
				request under (a) above shall be submitted in accordance with the following
				procedures:
1. The request shall be in
				writing;
2. The request shall
				contain facts and reasons supporting the request, including a specific
				reference to the applicable cause(s) under
				7:14A-16.4 through 16.6;
3. A person submitting the request shall also
				identify the environmental, aesthetic, or recreational interest which is or may
				be affected by the permit action;
4. A permittee requesting a modification for
				a less stringent effluent limitation or standard shall comply with any
				outstanding fee, penalty or fine requirements contained in
				58:10A-6(k);
				and
5. The Department shall request
				additional information that is necessary to process the request as follows:
i. For a permit modification, the submission
				of an updated permit application to support the request for modification in
				accordance with
				7:14A-4.2.
ii. For a renewal or revocation and
				reissuance, submission of a new permit application in accordance with
				7:14A-4.2 except for applicants for
				renewals issued a notice of eligibility for expedited renewal in accordance
				with (h) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 16 - TRANSFER, MODIFICATION, REVOCATION AND REISSUANCE, RENEWAL, SUSPENSION, AND REVOCATION OF EXISTING PERMITS › Section 7:14A-16.5 - Minor modification of a permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall, with the consent of the permittee and without following the procedures
				set forth in N.J.A.C. 7:14A-15, modify a permit to make any of the following
				changes:
1. Correct typographical errors and
				make language changes that have no legal or substantial effect or correct
				technical or administrative errors which do not result in changes to the permit
				effluent limitations;
2. Require
				more frequent monitoring or reporting by the permittee;
3. Change an interim compliance date in a
				schedule of compliance, provided the new date is not more than 120 days after
				the date specified in the existing permit and does not interfere with
				attainment of the final compliance date;
4. Reflect a change in the owner or operator
				of a facility where the Department determines that no permit change(s)
				necessary to accomplish the change in the owner or operator constitutes a major
				modification under
				7:14A-16.4, provided that a written
				agreement containing a specific date for transfer of permit responsibility
				between the current and new permittees has been submitted to the
				Department;
5. Change the
				construction schedule for a discharger which is a new source. Such change shall
				not affect a discharger's obligation to have all pollution control equipment
				installed and in operation prior to discharge;
6. Delete a point source when the discharge
				from such point source is terminated and does not result in a change to the
				characteristics of the effluent from other point sources except in accordance
				with permit limits;
7. Incorporate
				the requirements of an industrial pretreatment program in accordance with the
				procedures in
				40
				CFR 403.11 as enforceable conditions of the
				permit; or
8. Substitute the
				parameter CBOD[5] for BOD[5] and revise the effluent limitations consistent
				with the secondary treatment provisions specified at
				7:14A-12.2(c).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 16 - TRANSFER, MODIFICATION, REVOCATION AND REISSUANCE, RENEWAL, SUSPENSION, AND REVOCATION OF EXISTING PERMITS › Section 7:14A-16.6 - Causes for suspension or revocation of a permit or denial of a permit renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				are causes for suspending or revoking a permit during its term, or for denying
				a permit renewal application:
1.
				Noncompliance by the permittee with any condition of the permit;
2. The permittee's failure in the application
				or during the permit issuance or treatment works approval process to disclose
				fully all relevant facts, or the permittee's misrepresentation of any relevant
				facts at any time;
3. A
				determination by the Department that the permitted activity endangers human
				health or the environment which can be corrected only by suspension or
				revocation;
4. A change in any
				condition that requires either a temporary or permanent reduction or
				elimination of any discharge or residual use or disposal practice regulated
				under the permit;
5. For an
				individual SIU permit with an actual or potential discharge to a nondelegated
				local agency, information that shows that a permittee has ceased to meet all
				criteria under which an individual SIU permit is required pursuant to N.J.A.C.
				7:14A-2;
6. The nonconformance of
				the discharge with any applicable facility, basin or areawide plans;
7. Inconsistency of the permit with any duly
				promulgated effluent limitation, permit, regulation, statute, or other
				applicable State or Federal law; or
8. Failure to pay applicable permit
				fees.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 17 - PROCEDURES FOR DECISION MAKING-ADJUDICATORY HEARINGS AND STAYS OF PERMIT CONDITIONS › Section 7:14A-17.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				sets forth the procedures for requesting an adjudicatory hearing and a stay of
				permit conditions and for the Department's evaluation and processing of such
				requests. The procedural stages for requesting an adjudicatory hearing and stay
				of permit conditions are outlined in Appendix A which is to be used for
				guidance purposes only and is of no legal effect.
(b) The Department's decision regarding any
				adjudicatory hearing request and/or request for a stay shall be considered
				final agency action.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 17 - PROCEDURES FOR DECISION MAKING-ADJUDICATORY HEARINGS AND STAYS OF PERMIT CONDITIONS › Section 7:14A-17.2 - Request for an adjudicatory hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A permittee or
				a person who seeks and qualifies to be considered a party to the action
				pursuant to
				7:14A-17.3 may submit to the
				Department a written request, by certified mail, or by other means which
				provides verification of the date of delivery to the Department for an
				adjudicatory hearing to contest the Department's final decision to:
1. Issue a new permit, permit modification,
				permit revocation and reissuance, permit renewal, permit suspension, or permit
				revocation;
2. Deny an application
				for a new permit or a permit renewal; or
3. Deny a variance pursuant to
				7:14A-11.8.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 17 - PROCEDURES FOR DECISION MAKING-ADJUDICATORY HEARINGS AND STAYS OF PERMIT CONDITIONS › Section 7:14A-17.3 - Consideration as a party to the action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall determine, or shall refer the determination to an administrative law
				judge, whether a person, other than an applicant or a permittee, is a party to
				the action.
(b) The Department
				shall determine whether a person is considered to be a party to the action
				within 30 days of receipt of the request or to refer the request to the
				administrative law judge. If the request is referred to the administrative law
				judge, the administrative law judge has an additional 30 days to decide on the
				request.
(c) A person shall be
				considered to be a party to the action only if:
1. The person's objection(s) to the
				Department's decision as specified in
				7:14A-17.2(a) 
				were raised by that person in the public hearing and/or in a written submission
				within the public comment period established pursuant to N.J.A.C.
				7:14A-15;
2. The person
				demonstrates the existence of a significant issue of law or fact;
3. The person shows that the significant
				issue of law or fact is likely to affect the permit decision;
4. The person can show an interest, including
				an environmental, aesthetic, or recreational interest, which is or may be
				affected by the permit decision and that the interest can be fairly traced to
				the challenged action and is likely to be redressed by a decision favorable to
				that person. An organization may contest a permit decision on behalf of one or
				more of its members if the organization's member or members could otherwise be
				a party to the action in their own right, and the interests the organization
				seeks to protect are germane to the organization's purpose; and
5. The person submits the information
				required under
				7:14A-17.2(f).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 17 - PROCEDURES FOR DECISION MAKING-ADJUDICATORY HEARINGS AND STAYS OF PERMIT CONDITIONS › Section 7:14A-17.4 - Granting or denying an adjudicatory hearing request

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department,
				in its discretion, shall decide the extent to which, if at all, the request for
				an adjudicatory hearing shall be granted. The Department may grant or deny a
				request for a hearing in whole or in part.
(b) The Department shall deny a request for
				an adjudicatory hearing if:
1. The request
				does not conform with the information requirements for a permittee or a person
				as set forth, respectively, in
				7:14A-17.2(e) and
				(f);
2. The request does not include genuine
				issues of material fact or of law which are relevant to the Department's
				decision as specified in
				7:14A-17.2(a);
3. The request was not submitted within the
				time frames specified in
				7:14A-17.2(b) or
				(c), as appropriate;
4. The contested legal and/or factual issues
				were not raised during the public comment period in accordance with
				7:14A-15.13;
5. The request challenges duly promulgated
				regulations and not the Department's application of the regulations;
				or
6. The permittee or applicant is
				seeking an adjudicatory hearing to contest permit effluent limitations based
				upon N.J.A.C. 7:14A-12 Appendix C which were imposed in the permit due to the
				permittee's or applicant's specific request to impose those
				limitations.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 17 - PROCEDURES FOR DECISION MAKING-ADJUDICATORY HEARINGS AND STAYS OF PERMIT CONDITIONS › Section 7:14A-17.5 - Notice for and conduct of an adjudicatory hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall provide public notice that an adjudicatory hearing has been granted by
				mailing a copy of the notice to:
1. The
				applicant(s) or permittee(s);
2.
				All commenters on the draft permit;
3. All persons who testified at the public
				hearing, if held; and
4. All
				persons who requested an adjudicatory hearing or who requested to be considered
				a party to the action.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 17 - PROCEDURES FOR DECISION MAKING-ADJUDICATORY HEARINGS AND STAYS OF PERMIT CONDITIONS › Section 7:14A-17.6 - Stays of contested permit conditions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department's grant of a request for an adjudicatory hearing shall not
				automatically stay any contested permit condition(s). A permittee shall submit
				a written request to the Department, by certified mail, or by other means which
				provides verification of the date of delivery to the Department seeking a stay
				of any of the following:
1. Any permit
				condition where the permittee has requested an adjudicatory hearing, in
				accordance with
				7:14A-17.2(a), to
				contest the specific permit condition;
2. Any permit condition where the permittee
				has requested a major modification or revocation and reissuance, in accordance
				with 7:14A-16.4, to alter the specific
				permit condition; or
3. The
				application to the permittee of any condition of a general permit where the
				permittee has requested to be excluded from that general permit, in accordance
				with 7:14A-6.13(g), to
				obtain a permit condition different from the specific permit
				condition.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 17 - PROCEDURES FOR DECISION MAKING-ADJUDICATORY HEARINGS AND STAYS OF PERMIT CONDITIONS › Appendix A

Current through Register Vol. 56, No. 14, July 15, 2024
GUIDE TO THE NJPDES PERMIT APPEAL AND STAY PROCESS
Appendix A is designed to assist a person in following the
				  permit appeal and stay procedures after a permit is issued. An applicant should
				  consult the full text of the regulations when contemplating an appeal and/or
				  stay.
The flow chart outlines a sequence of events, directed by
				  arrows, of the stay procedures for when a final permit is issued. The key items
				  in this section are:
1. A hearing
				shall be requested within 30 days of receipt of the permit; and
2. A request for a stay may be combined with
				a hearing request but the request for a stay shall be expressly stated.
Data
				  in image
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subchapter 18 - PUBLIC ACCESS TO INFORMATION AND REQUIREMENTS FOR DETERMINATION OF CONFIDENTIALITY › Section 7:14A-18.1 - Public access to information and scope of authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				otherwise provided in
				47:1A-1 et seq., any records,
				reports or information obtained by the Department, or required to be developed
				and retained by the permittee as a permit condition pursuant to this chapter,
				the State Act or
				58:11-53, including all NJPDES
				permit applications, documented information concerning actual and proposed
				discharges, comments received from the public, draft and final NJPDES permits,
				and related correspondence shall be made available to the public for inspection
				and duplication at the offices of the Department.
(b) For facilities with NJPDES permits for
				discharges to ground or surface water but which are otherwise within the
				jurisdiction of the Resource Conservation and Recovery Act,
				42 U.S.C. §
										6901 and/or the Hazardous and Solid Waste
				Amendments of 1984 to that Act, public access to information shall be regulated
				pursuant to N.J.A.C. 7:26G.