N.J. Admin. Code § 7:14A-2.8

Current through Register Vol. 56, No. 12, June 17, 2024

Section 7:14A-2.8 - Administrative continuation of permits

(a) The conditions of an expired NJPDES permit are continued in force pursuant to the "Administrative Procedure Act," 52:14B-11, until the effective date of a new permit or of authorization under a general permit, or until the effective date of denial of a permit application, if:

1. The permittee submits a timely and complete application, request for renewal, or request for authorization under a general permit, if required, as provided in 7:14A-4.2(e)3; and

2. The Department, without fault on the part of the permittee, fails to issue a new permit with an effective date on or before the expiration date of the previous permit (for example, when issuance is delayed due to constraints of time or resources).

(b) Permits continued under this section remain fully effective and enforceable.

(c) When the permittee is not in compliance with the conditions of the administratively continued permit, the Department will take one or more of the following actions:

1. Initiate enforcement action;

2. Suspend or revoke the permit in accordance with 7:14A-16.6. If the permit is suspended or revoked, the permittee shall cease the activities that were previously authorized by the suspended or revoked permit. Otherwise, the permittee shall be considered to be operating without a permit, and be subject to appropriate enforcement action;

3. Issue a notice of intent to deny a permit application for a new permit or permit renewal, in accordance with 7:14A-15.6(a)2 and 15.10;

4. Deny a request for authorization for a general permit, in accordance with 7:14A-6.13;

5. Issue a new permit under N.J.A.C. 7:14A-15 with appropriate conditions, or issue authorization under an appropriate general permit under 7:14A-6.13; or

6. Take other appropriate actions authorized by this chapter or the State Act.

(d) In the event that the permittee fails to submit a timely and complete application for renewal or request for authorization under a general permit if required under 7:14A-4.2(e)3, or fails to comply with (f) below, all discharges of pollutants from the permittee's facility shall cease and the permit shall be administratively expired in accordance with 7:14A-2.7(d), unless the Department determines that termination of the discharge will have widespread social or economic impact.

(e) A permittee with an administratively expired permit that continues discharging pollutants after the expiration date is operating without a permit from the time of expiration of the old permit to the effective date of any new permit or approval and is subject to enforcement action in accordance with N.J.A.C. 7:14-8. In any new permit or approval, the Department may require the submittal of any additional information, specifying a date for its submittal.

(f) In the event that the Department denies a timely and complete request for authorization under a general permit submitted under (a)1 above, the Department's written notice of denial under 7:14A-6.13(m) may require that permittee to apply for an individual permit or seek authorization under another general permit. A notice that contains such a requirement shall include:

1. A brief statement of the reasons for this decision;

2. An application form or, if applicable, the request for authorization form; and

3. A statement setting a timeframe within which the permittee must file the application or, if applicable, the request for authorization. The Department may grant additional time for filing, upon request by the permittee. If a permittee fails to submit in a timely manner an application form or request for authorization form required by the Department under this subsection, then such permittee is subject to the provisions of (d) above.

N.J. Admin. Code § 7:14A-2.8

Administrative correction.
See: 29 N.J.R. 3822(a).
In (c)3, substituted "notice of intent to deny" for "notice to deny".