N.J. Admin. Code § 7:27-8.24

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:27-8.24 - Special provisions for construction but not operation

(a) As provided in N.J.S.A. 26:2C-9.2j, an applicant may construct, reconstruct, install, and/or put in place a source, including a control apparatus, while the Department reviews an application if:

1. The applicant has submitted a complete application to the Department, proposing the construction, reconstruction, installation, and/or placement of the source;

2. The applicant only constructs, reconstructs, installs, and/or places the source on footings or a foundation, and does not test or operate it;

3. The construction, reconstruction, installation, and/or placement is carried out as proposed in the application;

4. The construction, reconstruction, installation, and/or placement is not prohibited by any Federal law or requirement, including but not limited to PSD requirements, offsets requirements set forth at N.J.A.C. 7:27-18, MACT requirements, or acid rain requirements at 40 CFR Part 72; and

5. All other requirements of this section are met.

(b) To act under the authority of this section, the applicant shall notify the Department in writing seven days prior to beginning the activities listed in (a) above. This notice shall be submitted in accordance with the procedure for a seven-day-notice change at 7:27-8.20, and shall include the fee for a seven-day-notice set forth at 7:27-8.6.

(c) This section does not limit the Department in establishing construction, installation, maintenance, or operating standards, nor in reviewing any application.

(d) Costs incurred by the applicant in connection with actions taken under this section may not be used as grounds for an appeal of the Department's decision on the application.

(e) If the Department determines that the applicant has acted inconsistently with applicable law by any action taken under this section, the applicant shall be subject to penalties if the action has caused emissions of any air contaminant.

N.J. Admin. Code § 7:27-8.24

New Rule, R.1998 d.231, effective 5/4/1998 (operative June 12, 1998).
See: 29 New Jersey Register 3521(a), 30 New Jersey Register 1563(b).