N.J. Admin. Code § 7:14A-22.11 - Modifications and revocations of treatment works approvals

(a) The Department may modify, suspend or revoke a treatment works approval in whole or in part for cause, including, but not limited to:

1. Violation of any term or condition of the treatment works approval;

2. Obtaining a treatment works approval by misrepresentation or failure to disclose fully all relevant facts; or

3. If such treatment works approval is inconsistent with any duly authorized effluent limitation, permit, regulation, statute, or other applicable local, State or Federal law.

(b) The Department shall determine whether any material changes, design or construction alterations, or changes in flow, which occur after the issuance of a treatment works approval permit will require a modification. When assessing the need for a modification, the Department will evaluate how the proposed changes affect the design or conditions of approval of the original permit. Generally a treatment works approval modification is not required for the substitution of units or materials with others that are structurally, hydraulically, and functionally equivalent, except in cases when a detailed engineering review is needed to determine equivalency. Changes in location or unit sizing and capacity, or increases in flow or project scope, will require a modification or a new TWA, as determined by the Department, depending on the magnitude of the change.

(c) Unless such a requirement is specifically waived by the Department, a modification request will generally not be considered, and instead, a new treatment works application will be required for major modifications of the project scope including, but not limited to, the addition of a pumping station or alternate treatment units or processes, significant changes to the collection system and the inclusion of sewage generating structures not covered in the original approval.

1. Requests for modifications shall include the following documents:

i. An appropriate fee pursuant to 7:14A-22.25;

ii. A written request from the applicant stating the nature, scope and reasons for the modification;

iii. Revised construction plans and specifications (if applicable);

iv. A revised WQM006 Engineer's Report (if applicable);

v. A copy of the original treatment works approval permit; and

vi. Written consent from the appropriate sewerage authority if the modification will result in an increase in the project's projected flow, or if the modification requires a change or alteration to the point of connection of the proposed sewer to the existing collection system.

2. The Department will accept permit modification requests only for treatment works approvals that are valid (not expired) at the time that the modification request is submitted to the Department. In addition requests for modification will only be considered for a maximum period of two years following the last construction activity on the treatment works conducted in accordance with the Department's original approval.

Notes

N.J. Admin. Code § 7:14A-22.11

Amended by R.2009 d.7, effective 1/5/2009.
See: 40 N.J.R. 1478(a), 41 N.J.R. 142(a).
In (c)1i, updated the N.J.A.C. reference.