N.J. Admin. Code § 7:14A-22.19 - General policy and procedure for sewer connection ban exemptions
(a) Each affected sewage
authority, or municipality that owns a treatment works, upon the institution of a
connection ban, shall adopt exemption criteria at least as stringent as those
included in this subchapter in order to provide relief to persons who qualify for
such relief. The burden of proof is upon the applicant for all exemption requests
and the Department and each affected sewerage authority shall presume that all
applicants have knowledge of the sewer connection ban after the effective date of
its imposition.
(b) No exemption shall
be granted to any person who subsequently proceeds with a proposed project, without
first obtaining all necessary approvals, and thereby increases or creates a
self-imposed hardship.
(c) For projects
which require a treatment works approval pursuant to
7:14A-22.3, a sewer ban exemption
approval, if required pursuant to this subchapter, shall be obtained from the
Department or delegated agency, prior to filing the treatment works approval
application.
(d) Before making a final
decision, the Department may request additional documentation or information that is
relevant to the project. Failure of the applicant to supply the additional
information may serve as a basis for denial of the application.
(e) Water conservation plumbing is required in all
instances of new or modified plumbing or piping. Water conservation plumbing is a
condition of the exemption and does not constitute the basis for a sewer ban
exemption.
(f) An exemption granted for
a specific project at a determined location is not transferable to any other project
or location, and is only transferable to a new owner providing the location, scope
and other relevant conditions of granting the original exemption remain unchanged.
Transfers to new owners meeting the requirements of this subsection do not require
Department approval.
(g) Projects which
have changed in scope or for which the conditions of granting the original exemption
have changed are not considered to be exempt. The applicant/owner of such projects
shall apply for a new sewer ban exemption in accordance with this
subchapter.
Notes
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