N.J. Admin. Code § 7:38-9.7

Current through Register Vol. 56, No. 17, September 3, 2024

Section 7:38-9.7 - Application requirements for modification or extension of an HPAA or HRAD

(a) An applicant may request a modification of an HPAA or the Department may modify an HPAA on its own initiative.

(b) The following changes are minor modifications to an HPAA:

1. Correction of a typographical error that does not materially affect the terms of the HPAA;

2. An increase in the frequency of monitoring or reporting by the permittee;

3. A change in ownership or operational control of a project, where no other change in the original HPAA is necessary. If any other change in the HPAA is necessary, the change shall not be a minor modification, except as in (b)4 below; and

4. A Department approved change in materials, construction techniques, or the minor relocation of an activity on a site, if the change is required by another Department, permitting program or Federal agency. However, this change is not a minor modification if the change would disturb additional Highlands Resource Areas, or increase impervious surface on the site from the amount originally approved.

(c) Any change not listed at (b) above shall constitute a major modification.

(d) In order to obtain a minor modification to an HPAA, the following information shall be submitted:

1. For a change in ownership or operational control of a permitted site or activity :

i. A certification that no other change in the original permit is necessary; and

ii. A written agreement, signed by the current and the proposed new permittees, containing a date for transfer of responsibility, coverage, and liability between the current and new permittees and a copy of any deed on which the agreement is based; and

2. For a minor modification not covered at (b)1 above, a copy of the permit condition proposed for modification, a description of the proposed modification, and information demonstrating that the modification sought is a minor modification as described in (b)2 through 4 above.

(e) An application for a minor modification does not require a fee under N.J.A.C. 7:38-10, or public notice.

(f) An application for a major modification shall meet the same substantive and procedural requirements as an application for a new HPAA, except that the application need only address the portions of the existing approval affected by the proposed modification. Portions of the existing approval that are not affected by the proposed modification are not subject to public notice, public hearing, Department review or other procedures that would apply to a new application.

(g) In addition to the basic information required for all applications under 7:38-9.3, the application for an HPAA extension shall include information reasonably necessary for the Department to evaluate whether the project or activities will comply with this chapter if extended as proposed.

(h) In addition to the basic information required for all applications under 7:38-9.3, the application for extension of an HRAD shall include any information the Department shall determine is necessary to confirm if the information in the original HRAD remains correct.

N.J. Admin. Code § 7:38-9.7

Amended by R.2006 d.420, effective 12/4/2006.
See: 37 N.J.R. 4767(a), 38 N.J.R. 5011(a).
In (c), deleted the last two sentences; in (f), substituted "meet" for "require" and "substantive and procedural requirements" for "information", and inserted "Department review".