N.J. Admin. Code § 7:14A-2.3 - Incorporation by reference
(a) The
requirements applicable to the NJPDES program of the Federal Clean Water Act (
33 U.S.C.
§§
1251 et seq.), the Federal Safe
Drinking Water Act (
42
U.S.C. §§
300F et seq.), the State
Act, and all Federal regulations cited in this chapter, including, but not
limited to, 40 CFR Parts 110, 122, 123, 124, 125, 129, 133, 136, 144, 258, 264,
403, and National Pretreatment Standards in 40 CFR chapter I, subchapter N, and
including all amendments and supplements thereto, are incorporated into this
chapter by reference unless the context clearly indicates otherwise. A copy of
the Federal Act, the State Act, or any Federal regulation cited in this chapter
may be obtained at the State Library.
(b) The Delaware River Basin Commission Water
Quality Regulations, including all amendments and supplements thereto, and the
Interstate Environmental Commission Water Quality Regulations, including, all
amendments and supplements thereto, are incorporated into this chapter by
reference unless the context clearly indicates otherwise.
(c) Wherever the requirements of this chapter
are more stringent than existing requirements of a Federal regulation, the
requirements of this chapter shall apply.
(d) For provisions of this chapter that
incorporate Federal statutory requirements, amendments to the Federal statutes
after the promulgation of these rules supersede these rules, as of the
effective date of such amended Federal statute, to the extent that such Federal
statutory amendments are not inconsistent with State statutory requirements.
For provisions of this chapter that incorporate State statutory requirements,
amendments to the State statute after the promulgation of these rules supersede
these rules, as of the effective date of such amended State statute. The
Department shall, subsequently, amend this chapter as necessary in accordance
with the State Administrative Procedure Act.
Notes
See: 34 N.J.R. 1902(a).
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