N.J. Admin. Code § 7:14A-15.4

Current through Register Vol. 56, No. 23, December 2, 2024

Section 7:14A-15.4 - Procedures for Department review of individual NJPDES permit applications

(a) The procedures for review of an application for an individual NJPDES permit application are as follows:

1. An applicant shall comply with the permit application requirements contained in N.J.A.C. 7:14A-4 and any specific permit application requirements for the particular type of discharge as outlined elsewhere in this chapter before the Department begins the processing of an individual permit application.

2. Within 30 days of receipt of an application, the Department shall send written notice to the applicant and, if other than the applicant, to the person(s) who prepared the application as to whether the application and supporting documentation constitutes an administratively complete application for the purpose of commencing a technical review of the application. The notice shall specify if the application lacks a submission identified in the permit application checklist obtained pursuant to 7:14A-15.3(c) or if any particular submission is incomplete.

3. Within 20 days after an application is determined to be administratively complete the Department shall send written notice to the applicant and, if other than the applicant, to the person(s) who prepared the application specifying the name of the individual(s) assigned to review the application.

4. If an application, including all necessary documentation, is determined to be administratively complete, the application shall be deemed complete for the purposes of commencing technical review thereof, and any applicable time period established for completing a review of the application and taking final action thereon shall, notwithstanding any other provisions of law to the contrary, commence on the 31st day following the date of filing of the administratively complete application.

5. If an application is determined to be not administratively complete and the Department fails to issue written notice to an applicant pursuant to (a)2 above, the application shall be deemed administratively complete for the purposes of commencing a technical review, and any applicable time period established to complete a review of the application and take final action shall, notwithstanding any other provisions of law to the contrary, commence on the 31st day following the date of filing of the administratively complete application.

6. Commencement of a technical review of the application shall not be delayed because of the failure of an applicant to file a submission not specifically identified on the checklist for that application that was in effect as of the date of the filing of the application.

7. If an application is deemed not administratively complete for the purposes of commencing a technical review, the Department shall provide the applicant with written notice of the information necessary to make the application complete. The Department shall specify in the notice of deficiency a date for submitting the necessary information. The applicant may request an extension for any such submittal.

8. If the application is deemed administratively complete for the purposes of commencing a technical review but is subsequently deemed technically incomplete, the Department shall provide the applicant with written notice of the information necessary to make the application technically complete. The Department shall specify in the notice of deficiency a date for submitting the necessary technical information. The applicant may request an extension for any such submittal.

9. The permit application will be inactivated and the applicant notified if the applicant fails or refuses to correct deficiencies to the satisfaction of the Department within the time frames established pursuant to (a)7 or 8 above.

10. Within 30 days of a written request by an applicant, the Department shall notify an applicant of the status of the application and of any outstanding issues relating to review of the application.

11. Nothing in this subsection shall be construed to:

i. Limit the authority of the Department to request at any time a submission that was not identified on the checklist for an application if the submission is required by State or Federal law, or rule or regulation promulgated in accordance therewith, except that such additional submission shall not affect any applicable time period established for the Department to review and take final action on a completed application;

ii. Diminish the responsibility of an applicant to comply with all applicable requirements of State or Federal law, or any rule or regulation promulgated in accordance therewith, or an order issued thereunder;

iii. Compromise or limit any enforcement action available to the Department pursuant to law; or

iv. Exempt an applicant from complying with all applicable provisions of Federal and State laws, or rules or regulations promulgated pursuant thereto.

(b) A final permit decision shall not be issued until the permit is determined to be consistent with the applicable water quality management plan in accordance with N.J.A.C. 7:15. An applicant may submit the permit application and plan amendment application concurrently pending the Department's determination of consistency of the permit application with the water quality management plan in accordance with the following terms and conditions:

1. The applicant shall state in the NJPDES permit application that it is submitting concurrent permit and water quality management plan amendment applications and shall request administrative and technical application review of the permit application;

2. The NJPDES permit application shall be deemed to be administratively incomplete in the absence of a determination of consistency with the applicable water quality management plan but the Department will continue to review the permit application for technical sufficiency;

3. The applicant bears the risk of incurring any cost associated with preparing the NJPDES permit and water quality management plan amendment application submittals whether or not the Department subsequently determines that the permit application is consistent with the water quality management plan; and

4. In accepting and reviewing the concurrently submitted NJPDES permit and water quality management plan amendment applications under this section, the Department does not implicitly or expressly commit itself to approving either or both applications.

(c) Notice of NJPDES permit applications and/or draft permits shall be sent by the Department to the Regional Administrator in accordance with 40 C.F.R. 123 and the Memorandum of Agreement.

N.J. Admin. Code § 7:14A-15.4