N.J. Admin. Code § 7:7A-7.24

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

Section 7:7A-7.24 - General permit 24-Malfunctioning individual subsurface sewage disposal (septic) systems

(a) General permit 24 authorizes activities in freshwater wetlands and transition areas necessary for the repair or modification of a malfunctioning individual subsurface sewage disposal system. General permit 24 does not authorize activities in State open waters.

(b) For the purpose of general permit 24:

1. "Individual subsurface sewage disposal system" means a system for disposal of sanitary sewage into the ground which is designed and constructed to retain most of the settleable solids in a septic tank and to discharge the liquid effluent to a disposal field. This does not include outhouses, dry wells or similar facilities; and

2. "Malfunctioning" means that the use is impaired, and the system is not functioning to treat sewage as it was designed.

(c) Activities are authorized under general permit 24, provided the applicable requirements at N.J.A.C. 7:7A-5.7 and 20.3 are met and:

1. The activities do not disturb more than one-quarter acre of freshwater wetlands and/or transition areas and shall be located on the same property where the malfunctioning system is located;

2. The repair or modification is not directly or indirectly caused by an expansion of the facility the individual subsurface sewage disposal system serves, or by a change in its use, including a change from disuse or abandonment to any type of use; and

3. The repair or modification of the system is limited to serve only those volumes of sanitary sewage, estimated in accordance with N.J.A.C. 7:9A-7.4, that were approved prior to the malfunction.

(d) Activities under general permit 24 are not subject to the application contents requirements at N.J.A.C. 7:7A-16, except for the general application requirements at N.J.A.C. 7:7A-16.2, but are subject to the public notice requirements at N.J.A.C. 7:7A-17. There is no application fee for an authorization under general permit 24. Instead, an application for authorization shall be submitted to the Department electronically through the Department's online system at http://nj.gov/dep/online at least 30 days prior to starting work and shall include the following:

i. A completed Property Owner Certification form(s) signed by the applicant and all individuals required to certify to the application in accordance with N.J.A.C. 7:7A-16.2(d). The Property Owner Certification form is available from the Department at the address set forth at N.J.A.C. 7:7A-1.4;

ii. All of the information listed at N.J.A.C. 7:7A-16.7(b);

iii. The following digital documents, which must be uploaded to the online service in the format specified in the application checklist:

iv. A letter from the local board of health with jurisdiction over the individual subsurface sewage disposal system, stating that:

(3) There is no alternative location on the site that:

(A) Has a seasonal high water table deeper than one and one half feet below the existing ground surface; and

(B) Can be used for a subsurface sewage disposal system;

v. Photographs or other visual representations that illustrate existing site conditions;

vi. Documentation that public notice of the application has been provided in accordance with N.J.A.C. 7:7A-17, including a completed Public Notice form, available from the Department at the address set forth at N.J.A.C. 7:7A-1.4; and

vii. A copy of all conservation restrictions that impact any portion of the site that is the subject of the application.

N.J. Admin. Code § 7:7A-7.24

Amended and recodified from 7:7A-5.25 by 49 N.J.R. 3849(a), effective 12/18/2017

Amended by 53 N.J.R. 514(b), effective 4/5/2021