N.J. Admin. Code § 7:13-21.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:13-21.1 - General application review provisions

(a) This subchapter sets forth the review procedures for applications for a verification, applications for authorization under a general permit, and applications for an individual permit.

(b) The review procedures for the following are set forth elsewhere in this chapter:

1. For a request for an applicability determination, see N.J.A.C. 7:13-2.5;

2. For an application for a revision of a Department delineation, see N.J.A.C. 7:13-3.7;

3. For a mitigation proposal, see N.J.A.C. 7:13-13;

4. For a request for an emergency authorization, see N.J.A.C. 7:13-16; and

5. For a request to extend, transfer, or modify an approval, see N.J.A.C. 7:13-22.3, 22.4, or 22.5, respectively.

(c) Any application for an authorization under a general permit or for an individual permit reviewed in accordance with this subchapter, other than those identified at (d)1 and 2 below, is subject to the application review requirements of the Construction Permits Law, N.J.S.A. 13:1D-29et seq. This subchapter incorporates those requirements and is consistent with N.J.S.A. 13:1D-29et seq.

1. An application for authorization under a general permit or an individual permit for an electric generating facility or for a petroleum processing or storage facility, including a liquefied natural gas facility, with a storage capacity of over 50,000 barrels is subject to all of the requirements of this subchapter except for the timeframes established for completeness review at N.J.A.C. 7:13-21.2 and for Department decision on an application that is complete for review at N.J.A.C. 7:13-21.3.

2. An application for authorization under general permit 1 for channel cleaning under the Stream Cleaning Act at N.J.A.C. 7:13-9.1 is subject only to the review requirements at N.J.A.C. 7:13-21.4.

(d) An applicant may submit a revised application at any time during the application review process. The applicant shall send a copy of the revised portions of the application to the municipal clerk of each municipality in which the site is located and shall provide notice explaining the revisions to any person listed at N.J.A.C. 7:13-19.3(b) whom the Department determines would likely be affected by the revised application. The applicant shall provide documentation in accordance with N.J.A.C. 7:13-19.5 that the notice was provided.

1. If an applicant submits a revised application less than 30 calendar days prior to the deadline for Department decision established pursuant to N.J.A.C. 7:13-21.3, the revised application shall state that the applicant consents to a 30-calendar-day extension of the decision deadline in accordance with N.J.A.C. 7:13-21.3 (b).

(e) In reviewing an application, the Department shall apply the requirements of this chapter in effect at the time the application is declared complete for review.

(f) Notwithstanding any other provision of this subchapter, an application for an authorization under a general permit or for an individual permit shall not be declared complete for review unless the applicant has obtained all tidelands instruments required for occupation of State-owned tidelands or has submitted a complete application for a tidelands instrument, available from the Department's website at http://www.nj.gov/dep/landuse/tl_main.html or from the Bureau of Tidelands Management at P.O. Box 420, Mail Code 501-02B, Trenton, NJ 08625-0420. An application for a tidelands instrument requires the name and address of the applicant/title holder and any agent, site location and description, a property survey, and title or deed information.

(g) The Department shall publish notice in the DEP Bulletin of the receipt of each new application, the status of the application during review, and the Department's decision to approve or deny the application. Publication in the DEP Bulletin constitutes constructive notice to interested persons of Department actions on applications for a verification, applications for authorization under a general permit, or applications for an individual permit. Actual notice of the Department's decision to approve or deny an application will be provided, in accordance with N.J.A.C. 7:13-21.3, to the applicant and to persons who specifically request such notice.

N.J. Admin. Code § 7:13-21.1

Adopted by 48 N.J.R. 1067(a), effective 6/20/2016

Administrative Change, 51 N.J.R. 1193(a).