New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM
Subchapter 15 - PROCEDURES FOR DECISION MAKING-NJPDES PERMIT PROCESSING REQUIREMENTS
Section 7:14A-15.12 - Public hearings

Universal Citation: NJ Admin Code 7:14A-15.12

Current through Register Vol. 56, No. 6, March 18, 2024

(a) The Department shall hold a public hearing if there is or may be a significant degree of public interest in favor of holding a public hearing. The Department may hold a public hearing if it determines that a hearing is likely to clarify one or more legal and/or factual issues on a draft permit and that oral testimony is essential to adequately express all issues and concerns.

(b) Public hearings shall be conducted in a non-adversarial manner wherein a person shall be afforded an opportunity to submit oral or written statements and data concerning the draft permit.

(c) The Department may set reasonable limits upon the time allowed for oral comments at the public hearing and may also require the submission of written statements.

(d) The Department shall extend the public comment period established pursuant to 7:14A-15.10 to the close of any public hearing held pursuant to this section. The Department may also extend the comment period beyond the public hearing by so stating at the hearing.

(e) If a permittee has requested to arrange for a public hearing and the Department determines that a public hearing is warranted based on (a) above, it shall be the sole responsibility of the applicant to secure the use of an adequate facility to hold the public hearing and to obtain any ancillary services associated with the public hearing including, but not limited to, a stenographer and/or tape recording. The location, time and date of the public hearing shall be mutually acceptable to the Department and the applicant.

(f) When a permittee arranges the public hearing, it shall provide the Department with two copies of the public hearing transcript at no charge to the Department.

(g) The Department shall make available for public inspection a written transcript of the public hearing. A copy of the transcript will be sent, on request, for a reasonable fee for copying.

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