N.J. Admin. Code § 7:14A-16.3 - Procedures for the modification, revocation and reissuance, renewal, suspension, or revocation of a permit

(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.

(c) In response to a request submitted under (a) above, or upon its own initiative, the Department shall take action as follows:

1. For a request for a major modification or revocation and reissuance for one or more of the causes listed in 7:14A-16.4, the Department shall either:

i. Issue a draft permit in accordance with 7:14A-15.6 which shall include a fact sheet in accordance with 7:14A-15.8; or

ii. Deny the request for a major modification or revocation and reissuance. The Department shall issue the requester a response letter stating the reason for the denial. This decision is a final agency action.

2. For a request for a permit renewal, the Department shall either:

i. Issue a draft permit in accordance with 7:14A-15.6 which shall include a fact sheet in accordance with 7:14A-15.8; or

ii. Deny the request for a permit renewal for one or more causes listed at 7:14A-16.6. The Department shall issue a notice of intent to deny, which is a type of draft permit in accordance with 7:14A-15.6 which includes only a statement of basis in accordance with 7:14A-15.7.

3. For a request for a permit suspension or revocation for one or more causes listed at 7:14A-16.6, the Department shall either:

i. Issue a draft permit under 7:14A-15.6, which includes only a statement of basis in accordance with 7:14A-15.7; or

ii. Deny the request for a suspension or revocation. The Department shall issue the requester a response letter stating the reasons for the denial. This decision is a final agency action.

4. For a request for a minor modification, the Department shall either:

i. Issue a minor modification in accordance with N.J.A.C. 7:14A- 16.5; or

ii. Deny the request for a minor modification. The Department shall issue the requester a response letter stating the reasons for the denial. This decision is a final agency action.

(d) (Reserved)

(e) When the Department issues a draft permit for a major modification, only those conditions that are being modified shall be reopened for notice and comment. Where a permit is renewed or revoked and reissued, the entire permit shall be reopened for notice and comment.

(f) The permittee shall comply with all conditions of the existing permit while a request for modification, revocation and reissuance, renewal, suspension or revocation is being processed by the Department unless the conditions of the existing permit are stayed in accordance with 7:14A-17.6.

(g) (Reserved)

(h) Procedures for expedited permit renewal are as follows:

1. A permittee shall be eligible for an expedited permit renewal when the Department reviews the existing permit and determines that no change to the permit is needed other than changes which would constitute a minor modification under 7:14A-16.5. The Department may determine eligibility on its own initiative or a permittee may request that the Department consider issuing an expedited permit renewal by submitting a request for consideration for an expedited permit renewal at least 270 days prior to the permit expiration date. The Department shall notify permittees as to their eligibility for an expedited renewal 210 days before the permit expiration date.

2. A permittee notified of eligibility for an expedited permit renewal pursuant to (h)1 above shall, at least 180 days prior to the permit expiration date, either submit a written request for the expedited renewal or, if not interested in expedited permit renewal and the discharge will continue after the permit expiration date, submit a renewal application in accordance with N.J.A.C. 7:14A-4.

3. When issuing an expedited permit renewal:

i. In accordance with 7:14A-15.10(d), the Department shall provide a consolidated public notice in the DEP Bulletin and appropriate newspaper(s) for those facilities classified as major facilities, listing those permits it plans to renew. Such public notice shall include the opportunity for public comment and the procedure for requesting a public hearing in accordance with 7:14A-15.11; and

ii. Issue a final permit to each permittee after the close of the public comment period which shall include the same terms and conditions as the existing permit, with the exception of changes that constitute minor modifications pursuant to 7:14A-16.5 unless the Department determines, based on issues raised during the public comment period, to prepare a new draft permit pursuant to 7:14A-15.14(a).

(i) When taking any permit action pursuant to (c) above for two or more similar permits, the Department may consolidate the procedures listed in 7:14A-15.7, 15.8 and 15.10, such that one statement of basis or fact sheet, as appropriate, and one public notice for all of the permits are prepared for publication.

(j) When a proposed rule change affects multiple permits, the Department may modify the affected permits through a rule proposal.

1. The permit modification may be done through a rule proposal provided the Department:

i. Identifies the affected permits in the rule proposal; and

ii. Provides the affected permittees with a copy of the rule proposal as published in the New Jersey Register.

2. When a permit is modified through a rule proposal, the rule proposal shall serve as the draft permit for the purposes of 7:14A-15.6 and fact sheet for the purposes of 7:14A-15.8.

3. The affected permit(s) will be finalized simultaneously on adoption of the rule proposal and constitute a final permit decision.

Notes

N.J. Admin. Code § 7:14A-16.3