N.J. Admin. Code § 7:27-22.13

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

Section 7:27-22.13 - Final action on an application

(a) The Department will take final action on an application:

1. For an initial operating permit, within 18 months after the Department's receipt of an administratively complete application for an initial operating permit;

2. For an application for an operating permit renewal, within 12 months after the Department's receipt of an administratively complete renewal application;

3. For an application for a minor modification, within 90 days after the Department's receipt of an administratively complete application;

4. For an application for group processing of minor modifications, within 180 days after the Department's receipt of an administratively complete application;

5. For an application for a significant modification, within 12 months after the Department's receipt of an administratively complete application; or

6. For an application for an administrative amendment, within 60 days after the Department's receipt of an administratively complete application.

(b) Except pursuant to (c) below, final action by the Department on an application for an initial operating permit, renewal, significant modification, or minor modification shall be:

1. Issuance of the final operating permit, modification, or amendment;

2. Written determination that the improper procedure was followed for requesting a modification or Departmental action, and identification of the proper procedure for processing the modification or obtaining the Departmental action; or

3. Denial of the application. If an application is denied, the Department shall state the reason(s) for the denial.

(c) If the Department does not take final action on an application within the deadlines provided for each type of application, the applicant, and any person who commented on the draft operating permit during the public comment period, shall be entitled to bring an action, in accordance with 7:27-22.32, Hearings and appeals, to compel the Department to take final action on the application.

(d) After the Department has issued an initial operating permit, or a minor modification, significant modification, or operating permit renewal, the Department will provide a copy of the permit, as issued, to EPA.

N.J. Admin. Code § 7:27-22.13

Amended by R.1995 d.493, effective 9/5/1995 (operative October 8, 1995).
See: 27 New Jersey Register 1040(a), 27 New Jersey Register 3421(a).