N.J. Admin. Code § 7:14A-22.5 - Treatment works approval

(a) A treatment works approval consists of the following three stages:

1. Stage I is an optional preliminary or conceptual review of treatment works as prescribed in 7:14A-22.7. The Department recommends that a stage I review and approval be obtained for any new sewage treatment plant or plant expansion, or if the proposed treatment works involves a new or innovative design or technology.

2. Stage II is an approval to construct, install or modify a treatment works as outlined in this subchapter.

3. Stage III is an approval to operate a treatment works that has been constructed or received a stage II approval. In general, separate stage II "construct only" approvals are issued for projects located in sewer ban areas, in future sewer service areas for which no downstream sewers exist, and for construction of some treatment plants. Stage II and stage III approvals are generally issued concurrently as a single document, when operation of the treatment works can occur immediately upon completion of the project.

(b) The construction, installation, modification or operation of a treatment works in a manner inconsistent with the terms and conditions of the Department's approval constitutes a violation of the Water Pollution Control Act, 58:10A-1 et seq. and may be subject to penalties and fines pursuant to the above Act, the Civil Administrative Penalty Rules, N.J.A.C. 7:14-8, or other applicable statute.

(c) The Department may modify, suspend or revoke a treatment works approval in accordance with 7:14A-22.11.

(d) A preapplication review is an optional service especially recommended for large-scale development. During this review the Department will discuss the apparent strengths and weaknesses of the proposed development, as well as the procedures and policies that would apply to the particular development. The conference is intended to provide guidance and does not constitute a commitment of approval or denial of a treatment works approval application for the proposed development.

(e) The Department shall approve, condition, or deny an application for a treatment works approval pursuant to this subchapter within 90 days of receipt of an administratively complete application by the Department. This time period may be extended for one 30-day period upon the mutual consent of the applicant and the Department.

1. Within a maximum of 20 business days following the date of receipt of the application, the Department shall perform a review to determine administrative completeness of the treatment works application in accordance with 7:14A-22.6 or 22.8 as appropriate, assign an agency project number and notify the applicant in writing the administrative status of the application and any additional information required to make the application administratively complete.

i. In the case where the application has been determined to be administratively incomplete, the Department shall make a decision on the treatment works approval application within 90 days following the date of receipt of the additional information required to make the application administratively complete.

ii. In the case where the application has been determined to be administratively incomplete, the Department reserves the right to deny the application without prejudice if the additional information required to make the application administratively complete has not been received by the Department within 20 days of the date of the notice of the administrative status of the application.

2. Comments received on an application will be included in the application file and will be considered by the Department in the application review process.

3. If the Department fails to act within the 90 days of receipt of an administratively complete application, the application shall be deemed to have been approved, to the extent that the application does not violate other statutes or regulations then in effect, and subject to any standard terms and conditions applicable to such treatment works approvals.

4. For treatment works approval applications that have been denied by the Department, a subsequent application by the same applicant for a revised project of the same or reduced scope on the same site may be submitted within one year of the date of denial without additional fees. The waiving of such fees is limited to only one resubmittal request. The resubmitted application will be treated as a new application, although references may be made to the previously reviewed application.

(f) The issuance of a treatment works approval by the Department does not relieve the applicant of the continuing responsibility for the successful collection, conveyance, treatment or discharge of pollutants, nor does it relieve the applicant from the responsibility of insuring that all discharges are consistent at all times with the terms and conditions of the applicable NJPDES permit and that no pollutant will be discharged more frequently than authorized or at a level in excess of that which is authorized by the applicable NJPDES permit. The applicant is also responsible for complying with all applicable permits, regulations, statutes, or other laws.

(g) The applicant and any owner or operator of a treatment works shall provide notice of the terms and conditions of any existing treatment works approval to a prospective purchaser of the treatment works. Upon change of ownership of the treatment works, the new owner shall assume responsibility for its proper operation and maintenance or closure. Notification to the Department of a change in ownership for the treatment works approval permit is not required.

(h) The Department's review of applications and submissions is limited to engineering (including hydraulic) features of significance to applicable discharge limits and protection of the environment. The Department will not review structural, mechanical or electrical design, except when it may be significant to achievement of discharge limitations or to the protection of the environment.

(i) A permit to construct or operate a treatment works, previously issued to the owner or operator pursuant to N.J.S.A. 58:11-10 or 58:12-3 will constitute a treatment works approval for the purpose of this subchapter. The permit and any conditions thereto will continue to be in effect until such time as the permit is revoked, amended or expired.

(j) The full responsibility for adequate design, construction and operation of the treatment works, and the full responsibility for successful collection, treatment and discharge of pollutants shall be on the applicant.

(k) Treatment works shall be constructed in a manner which is consistent with the provisions of the appropriate wastewater management plan.

(l) The Department may grant an emergency approval authorizing the construction and/or operation of a treatment works prior to issuance of a formal treatment works approval in situations such as the modification/rehabilitation of existing treatment and conveyance systems where time delays may threaten the public health or safety. Such approvals shall be subject to the following requirements:

1. The Department and the affected collection system owner and/or treatment plant owner (as appropriate) shall be informed by telephone or in writing, prior to construction, as to the project location, the extent of work to be performed, and the reason for the emergency.

2. Within 15 calendar days of commencing the activity for which an emergency approval is authorized, an application for a treatment works approval and/or sewer ban exemption shall be submitted to the Department for review and issuance of the required permit. "As-built" drawings, if applicable, shall be submitted.

3. The Department reserves the right to deny an emergency approval request if it is determined that an emergency approval request is not justified, the activity would be inconsistent with any applicable rules, or a more prudent alternative is available.

4. Failure to comply with the requirements of (k)1 or 2 above, the construction or operation of treatment works inconsistent with the emergency authorization, or submission of false information may subject the applicant to enforcement action by the Department, including the imposition of fines or penalties.

(m) For most industrial treatment works, treatment works approvals will be issued in the form of a General Industrial Treatment Works Approval. The submission requirements for a General Industrial TWA are contained in 7:14A-22.6, and are administrative in nature. Within 30 days of receipt of a complete General Industrial TWA application, the Department will issue a General Industrial TWA or notify the applicant that due to a potentially significant health risk, environmental impact, or past performance of the facility the project cannot be granted a General Industrial TWA and an individual treatment works approval is required.

(n) The Department shall publish in the DEP Bulletin, a report of the receipt of each new treatment works application and the final action taken. Publication in the DEP Bulletin constitutes constructive notice to all interested persons of the receipt by the Department of each new treatment works application and the final action taken by the Department on treatment works approvals.

1. The application status report shall include, but is not limited to:

i. The applicant's name;

ii. The agency project number;

iii. The nature of the project; and

iv. The date and description of the receipt of each new treatment works application and the final action taken on the project.

Notes

N.J. Admin. Code § 7:14A-22.5

Amended by R.2009 d.7, effective 1/5/2009.
See: 40 N.J.R. 1478(a), 41 N.J.R. 142(a).
Added new (d); recodified former (d) through ( l) as (e) through (m); in the introductory paragraph of (e), deleted "and N.J.A.C. 7:1C-1," following "subchapter", substituted "an administratively" for "a" preceding "complete" and substituted "30-day" for "30 day"; added (e)1 through (e)4; and added (n).