N.J. Admin. Code § 7:1K-7.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:1K-7.3 - Procedures for issuing facility-wide permits

(a) The owner or operator of a priority industrial facility designated to participate in the facility-wide permit program pursuant to 7:1K-7.2 shall submit a complete facility-wide permit application to the Department by the deadline established by the Department. The Department shall establish a deadline for submittal of facility-wide permit applications by providing each industrial facility with at least 45 days advance notice by certified mail in order to enable the industrial facility to assert a confidentiality claim pursuant to 7:1K-8.2, if applicable.

(b) A complete facility-wide permit application shall consist of the following:

1. A complete copy of the most recent Pollution Prevention Plan prepared by the owner or operator of the priority industrial facility, subject to the confidentiality provisions of N.J.A.C. 7:1K-8 through 11; and

2. A facility-wide permit application consisting of information and data, on forms provided by or approved by the Department, for all emissions and discharges from the facility and the management of solid and hazardous wastes, including all information needed to prepare and issue permits, certificates and approvals issued by the Department pursuant to the provisions of 13:1D-1 et seq.; the Solid Waste Management Act, 13:1E-1 et seq.; the Water Pollution Control Act, 58:10A-1 et seq.; and the Air Pollution Control Act, 26:2C-1 et seq., as applicable.

(c) The Department shall review the facility's Pollution Prevention Plan and facility-wide permit application to ensure compliance with all applicable requirements of 13:1D-1 et seq.; the Solid Waste Management Act, 13:1E-1 et seq.; the Water Pollution Control Act, 58:10A-1 et seq.; and the Air Pollution Control Act, 26:2C-1 et seq., as applicable.

(d) After the Department determines that the facility's Pollution Prevention Plan and facility-wide permit application are administratively complete, the Department will conduct a technical review and, if necessary, provide comments to the owner or operator of the priority industrial facility within approximately 60 calendar days.

(e) The owner or operator of the priority industrial facility will have approximately 60 calendar days to submit a revised Pollution Prevention Plan and facility-wide permit application addressing the Department's technical comments.

(f) Within approximately 90 calendar days of receiving the revised Pollution Prevention Plan and facility-wide permit application from a facility under (d) above, the Department shall conduct a final administrative review of the facility-wide permit application and shall either:

1. Issue a draft facility-wide permit and a combined public notice in accordance with 13:1D-1 et seq.; the Solid Waste Management Act, 13:1E-1 et seq.; the Water Pollution Control Act, 58:10A-1 et seq.; and the Air Pollution Control Act, 26:2C-1 et seq., as applicable; or

2. Notify the industrial facility that its facility-wide permit application has been denied.

(g) An industrial facility that volunteered to participate in the pilot facility-wide permit program pursuant to 7:1K-7.2(b) and (c) may withdraw from the pilot facility-wide program at any time up until the 30th day following its receipt of the draft facility-wide permit by submitting its decision to withdraw to the Commissioner in writing, signed by the highest corporate officer with direct operating responsibility for the industrial facility. An industrial facility that was designated by the Department for participation in the pilot facility-wide permitting program pursuant to 7:1K-7.2(d) and (e) may only withdraw from the pilot facility-wide permit program during the 30-day period following its receipt of the draft facility-wide permit, by submitting its decision to withdraw to the Commissioner in writing, signed by the highest corporate officer with direct operating responsibility for the industrial facility.

(h) The Department shall provide a minimum 45 day public comment period to receive comments from interested parties on the terms and conditions of the draft facility-wide permit.

(i) The Department may conduct a public hearing on the draft facility-wide permit if it determines that a hearing is required pursuant to 13:1D-1 et seq.; the Solid Waste Management Act, 13:1E-1 et seq.; the Water Pollution Control Act, 58:10A-1 et seq.; or the Air Pollution Control Act, 26:2C-1 et seq., as applicable, or if significant public comments are received requesting that a public hearing be held.

(j) The Department will respond to all significant public comments on the draft facility-wide permit and shall issue a final facility-wide permit, if warranted, within approximately 90 calendar days after the close of the public comment period, and no later than 30 months after the effective date of this subchapter.

(k) The owner or operator of the priority industrial facility may appeal the issuance of the final facility-wide permit pursuant to the provisions of 13:1D-1 et seq.; the Solid Waste Management Act, 13:1E-1 et seq.; the Water Pollution Control Act, 58:10A-1 et seq.; or the Air Pollution Control Act, 26:2C-1 et seq., as applicable.

(l) If, for any reason, the Department does not issue a draft or final facility-wide permit to the owner or operator of the priority industrial facility, the existing permits issued to the owner or operator of the priority industrial facility shall remain in full force and effect pursuant to applicable law.

N.J. Admin. Code § 7:1K-7.3

Amended by R.1994 d.51, effective 2/7/1994.
See: 25 New Jersey Register 1849(a), 26 New Jersey Register 842(a).