N.J. Admin. Code § 7:14A-6.14 - Emergency permits
(a) Under the
specified circumstances listed in (b) below, the Department may issue an
emergency permit, except for a DSW, to allow the discharge of pollutants, where
such discharge is unpermitted or the discharge consists of pollutants not
covered by an effective permit.
(b)
The Department may issue an emergency permit to allow the activities listed in
(a) above only after making a finding that:
1.
An imminent and substantial endangerment to human health or the environment
will result unless an emergency permit is granted;
2. A substantial and irretrievable loss of
oil or gas resources will occur unless an emergency permit is granted to a
Class II well under UIC program; and
i.
Timely application for a regular permit could not practicably have been made;
and
ii. The injection will not
result in the movement of fluids into underground sources of drinking water;
or
3. A substantial
delay in production of oil or gas resources will occur unless an emergency
permit is granted to a new Class II well under the UIC program, and the
authorization will not result in the movement of fluids into an underground
source of drinking water.
(c) The requirements for issuance of any
emergency permit are as follows:
1. The
Department may issue an emergency permit by either oral or written permission
from the Director. Oral permission shall be followed within five days by a
written emergency permit.
2. The
Department may issue an emergency permit for any duration not to exceed 180
days, except:
i. That underground injections
temporarily permitted in order to prevent an imminent and substantial
endangerment to the health of persons shall be for a term no longer than
required to prevent the hazard, or 90 days, whichever is less.
ii. That land application of municipal or
nonhazardous sludge temporarily permitted in order to prevent an imminent and
substantial endangerment to public health shall be for a term no longer than
that required to prevent the hazard, or 180 days, whichever is less.
iii. That storage of municipal or
non-hazardous sludge temporarily permitted in order to prevent an imminent and
substantial endangerment to public health shall be for a term no longer than
that required to prevent the hazard, or one year, whichever is less.
3. The Department shall clearly
specify in the emergency permit the following:
i. The wastes to be received and disposed of
under the emergency permit;
ii. The
manner and location of the treatment, storage, disposal, or injection of
wastes;
iii. The rate, quantity,
and quality of pollutants to be discharged; and
iv. The monitoring and applicable reporting
requirements which is required.
4. The Department may immediately suspend or
revoke the emergency permit at any time following a determination that such
action is appropriate to protect human health and the environment.
5. The Department shall publish, along with
the emergency permit, a public notice of the emergency permit pursuant to
7:14A-15.10, including:
i. The name and address of the office
granting the emergency authorization;
ii. The name and location of the permitted
facility;
iii. A brief description
of the wastes involved;
iv. A brief
description of the action authorized and reasons for authorizing it;
and
v. The duration of the
emergency permit.
6. The
Department shall issue an emergency permit regarding injections only after a
complete NJPDES permit application has been submitted. The emergency permit
shall only be effective until final action is taken on the NJPDES permit
application.
7. The Department
shall condition the emergency permit regarding injection under the UIC program
in any manner that the Department determines is necessary to ensure that the
injection shall not result in the movement of fluids into an underground source
of drinking water.
Notes
See: 29 New Jersey Register 3822(a).
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