N.J. Admin. Code § 7:9A-13.2

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

Section 7:9A-13.2 - Establishment of critical areas

(a) If the Department determines that it is essential to the environment or public health and well-being of the inhabitants residing in the area to restrict or regulate the type or types of sewerage facilities which may thereafter be located, constructed, altered or repaired in such area, it shall proceed with designation of the area as a critical area for sewerage purposes.

(b) Prior to designating an area as a critical area for sewerage purposes, the Department shall provide notice of its determination that the area qualifies for critical area designation and hold a public hearing within the area proposed for critical area designation.

1. The Department shall publish a notice of the hearing specifying the time and place where the hearing will be held not less than 15 days prior to the hearing in each municipality any portion of which is located within the proposed critical area.

2. The notice shall be published in a newspaper with general circulation in the identified critical area.

3. The notice shall include a description of the area proposed to be designated as a critical area and a brief summary of the type or types of sewerage facilities that may thereafter be located, constructed, altered or repaired in the proposed critical area.

(c) No sooner than 60 days after the Department has conducted its public hearing, the Department shall determine whether the area should be designated as a critical area. If the designation as a critical area is determined to be appropriate by the Department, the Department shall publish a notice in accordance with (d) below, identifying:

1. The geographical area contained within the critical area; and

2. The type(s) of sewerage facilities which may thereafter be located, constructed, altered or repaired in the critical area in order to protect public health and the environment.

(d) New critical area designations shall be distributed by the Department to affected municipal governing bodies and administrative authorities in the newly established critical area. The designation shall specify, at a minimum, the information listed in (c)1 and 2 above.

(e) The Department shall publish in the New Jersey Register a notice of administrative change revising the list of critical areas contained in Table 13 below and shall mail notice of such revision to the affected municipality(ies). The list in Table 13 is for informational purposes only. Any person may obtain the most current list of such critical areas from the Department's Division of Water Quality, Bureau of Nonpoint Pollution Control at 401-02B, P.O. Box 420, Trenton, NJ 08625 or from the Division's website (www.state.nj.us/dep/dwq).

TABLE 13
CRITICAL AREAS
Critical	Affected	Affected	Geographical	Restriction(s)
Area	County(ies)	Municipality(ies)	Area

N.J. Admin. Code § 7:9A-13.2