N.J. Admin. Code § 7:14A-15.10 - Public notice of permit actions and public comment period
(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.
(b) The Department shall not publish a public
notice seeking public comment for the following:
1. Denial of request for permit modification,
revocation and reissuance, suspension, or revocation under
7:14A-16.3(c).
Written notice of the denial shall be provided to the applicant and to the
permittee;
2. Issuance of a minor
permit modification under
7:14A-16.5; or
3. Activation of the terms and conditions of
a suspended permit previously subject to public notice in accordance with this
section.
(c) The
Department, or the applicant upon authorization by the Department, shall
publish pursuant to (e) below public notice, as approved by the Department,
according to the following schedule:
1. For
draft permits and reopening or extension of the public comment period under
(a)1 and 3 above, at least 30 days prior to the end of the public comment
period. When public notice is published in:
i. One or more newspapers and the DEP
Bulletin, the comment period shall close no sooner than 30 days after the last
newspaper publication; or
ii. Only
the DEP Bulletin, the comment period shall close no sooner than 30 days after
publication.
2. For a
public hearing under (a)2 above, 30 days prior to the public hearing.
(d) The Department may describe
more than one type of discharge or permit action in a public notice. Public
notice of the public hearing and draft permit may be combined and published
concurrently.
(e) To publish public
notice of the activities described in (a) above, the Department or the
applicant authorized by the Department pursuant to (c) above shall:
1. Mail a copy of the approved public notice
to the following persons:
i. The applicant
(except for those general permits for which there is no applicant);
ii. Federal and State agencies that have
issued or are required to issue a RCRA, UIC, Prevention of Significant
Deterioration (or other permit under the Clean Air Act), NJPDES, Section 404 of
the Federal Act, or residual management permit;
iii. Federal and State agencies that have
jurisdiction over fish, shellfish, wildlife resources, coastal zone management
plans, the State Advisory Council on Historic Preservation, State Historic
Preservation Officers, and other appropriate government authorities, including
any affected states;
iv. Any State
agency responsible for areawide waste management or water quality plan
development under Sections 208(b)(2), 208(b)(4), or 303(e) of the Federal Act
and the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service and
the National Marine Fisheries Service;
v. Any State or local agency having authority
under State law with respect to construction or operation of the
facility;
vi. Any user identified
in the permit application of a privately owned treatment works;
vii. The mayor and governing body of the
municipality where the facility is located or proposed to be located and with a
request that the mayor or governing body distribute copies of the public notice
to other appropriate governmental units;
viii. Sewerage entity (or local agency for an
SIU permit); and
ix. Persons on a
mailing list that:
(1) Includes those who
request to be on such mailing list; and
(2) Includes those persons affected by the
permit action.
2. For a facility classified as major, a
general permit or a permit for land application of residuals which includes a
notification plan pursuant to
7:14A-20.7(a)3, in
addition to (e)1 above, publish the approved public notice in a daily or weekly
newspaper within the area affected by the facility or activity; and
3. The Department shall publish notice of all
permit modifications in the DEP Bulletin as follows:
i. For a major modification to permits
classified as minor or significant minor, the public notice shall contain the
information in (f) below;
ii. For a
major modification to a permit classified as major, the notice shall consist of
only the facility name and NJPDES permit number, the proposed modification(s),
the name of the newspaper(s) where the public notice will appear and the name
and telephone of the Department staff person assigned to the permit action;
and
iii. For a minor modification
to a permit for a facility classified as major, minor or significant minor, the
notice shall consist of only the information required in (e)3ii above except
for providing the name of the newspaper(s) where the public notice will
appear.
(f)
The approved public notice shall include the following information:
1. The name and address of the applicant or
permittee and, if different, of the facility and/or activity regulated by the
permit, except for those general permits for which there is no
applicant;
2. A brief description
of the business conducted at the facility or activity described in the permit,
permit application, or draft permit;
3. A general description of the location of
each existing or proposed discharge point, the name of the receiving water and,
where applicable, a general description of the residual use and/or disposal
practice(s) and the location of each treatment works treating domestic sewage,
and residual use or disposal sites known at the time of permit application. For
draft general permits, this requirement may be satisfied by a map or
description of the permit area;
4.
The name and address of the office within the Department to which a person can
make a written request to view the administrative record and the times and
place at which the record will be open for public inspection, and the name of
the Department staff person who is processing the permit action to whom a
person can make a written request for copies;
5. A brief description of the comment
procedures required by
7:14A-15.11 and 15.12 including:
i. The date, time and place of any scheduled
public hearing;
ii. A statement of
the procedures by which to request a hearing (unless a hearing has already been
scheduled) and other procedures by which a person may participate in the final
permit decision process; and
iii.
The opening and closing date of the comment period, including a statement that
comments shall be postmarked by the closing date; and
6. Any additional information considered by
the Department to be necessary or appropriate.
(g) In addition to the information described
at (f) above, the Department shall include the following information in the
public notice for a public hearing scheduled pursuant to
7:14A-15.12:
1. The date of any previous public notice
relating to the permit;
2. The
date, time and place of the public hearing; and
3. A brief description of the nature and
purpose of the public hearing, including the applicable rules and
procedures.
(h) In
addition to the public notice described in (f) above, the Department shall mail
to all persons identified in (e)1i through v above a copy of the fact sheet or
statement of basis, and, upon written request, the permit application and the
draft permit.
Notes
See: 29 New Jersey Register 3822(a).
Amended N.J.A.C. references.
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