N.J. Admin. Code § 7:14A-22.23 - Delegation
(a) Except as
stated in (g) below, the Department may delegate its authority to approve or
disapprove sewer ban exemption applications, to a municipality or sewerage
authority in accordance with the provisions of this subchapter.
(b) Any municipality or sewerage authority,
which is the owner of the affected sewerage facilities, may make an application
to the Department to be considered as a delegated agency for the purpose of
this subchapter. To be considered for delegation by the Department, the
sewerage authority or municipality shall satisfy all of the following:
1. The sewerage authority or municipality
shall demonstrate that it is capable of effectively implementing the rules,
regulations and standards adopted by the Department for administration of the
sewer ban exemption program; and
2.
The sewerage authority or municipality shall have sufficient resources,
including qualified staff to implement the delegated ban exemption
program.
(c) If the
sewer ban exemption program or portion thereof is delegated by the Department,
the affected sewerage authority or municipality shall comply with the
following:
1. The delegated agency shall
adopt an ordinance or resolution containing all required provisions of the
rules, and include provisions for enforcement and administration of the
program.
2. The delegated sewerage
authority or municipality shall submit a quarterly report with a list of
approvals or denials of projects, including the project scope and location, a
certification by the appropriate official that all projects granted approval
meet the requirements of this subchapter. If no actions were taken during the
quarter, a statement to this effect shall be submitted to the
Department.
3. The delegated
sewerage authority or municipality shall execute a binding memorandum of
understanding with the Department specifying, at a minimum, each party's
authority and obligations, and the specific review standards, monitoring and
record keeping requirements for the delegated agency.
(d) The Department shall review the
delegation arrangement and its effectiveness at least every three years from
the date of initial approval, and reserves the right to rescind any previously
issued delegation of authority for any valid reason.
(e) In the event that the Department amends
any of the rules in this subchapter, the delegated agency shall implement the
amended rules as of their effective date.
(f) Delegation pursuant to this subchapter
shall not waive the Department's right to monitor and inspect any documents or
project sites or to seek fines or penalties pursuant to the Water Pollution
Control Act,
58:10A-1 et seq.
(g) Sewer ban exemption applications
submitted pursuant to
7:14A-22.22(a)3, (a)6 and
(a)7 (public need, ground water remediation
and not-for-profit organization projects) shall not be delegated.
(h) Any sewerage authority or municipality
accepting delegation pursuant to these provisions shall review and approve or
deny projects in accordance with the provisions of this subchapter and
applicable provisions contained in N.J.A.C. 7:14A-23.
Notes
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