Current through Register Vol. 56, No. 24, December 18, 2024
(a) An
existing permit shall be modified, revoked and reissued, renewed, suspended, or
revoked for cause as specified at
N.J.A.C.
7:14A-16.4 through 16.6, as applicable,
either at the request of the permittee, or a person, or upon the Department's
initiative.
(b) Any request under
(a) above shall be submitted in accordance with the following procedures:
1. The request shall be in writing;
2. The request shall contain facts and
reasons supporting the request, including a specific reference to the
applicable cause(s) under
N.J.A.C.
7:14A-16.4 through 16.6;
3. A person submitting the request shall also
identify the environmental, aesthetic, or recreational interest which is or may
be affected by the permit action;
4. A permittee requesting a modification for
a less stringent effluent limitation or standard shall comply with any
outstanding fee, penalty or fine requirements contained in
N.J.S.A. 58:10A-6(k); and
5. The Department shall request additional
information that is necessary to process the request as follows:
i. For a permit modification, the submission
of an updated permit application to support the request for modification in
accordance with
N.J.A.C.
7:14A-4.2.
ii. For a renewal or revocation and
reissuance, submission of a new permit application in accordance with
N.J.A.C.
7:14A-4.2 except for applicants for renewals
issued a notice of eligibility for expedited renewal in accordance with (h)
below.
(c) In
response to a request submitted under (a) above, or upon its own initiative,
the Department shall take action as follows:
1. For a request for a major modification or
revocation and reissuance for one or more of the causes listed in
N.J.A.C.
7:14A-16.4, the Department shall either:
i. Issue a draft permit in accordance with
N.J.A.C.
7:14A-15.6 which shall include a fact sheet
in accordance with
N.J.A.C.
7:14A-15.8; or
ii. Deny the request for a major modification
or revocation and reissuance. The Department shall issue the requester a
response letter stating the reason for the denial. This decision is a final
agency action.
2. For a
request for a permit renewal, the Department shall either:
i. Issue a draft permit in accordance with
N.J.A.C.
7:14A-15.6 which shall include a fact sheet
in accordance with
N.J.A.C.
7:14A-15.8; or
ii. Deny the request for a permit renewal for
one or more causes listed at
N.J.A.C.
7:14A-16.6. The Department shall issue a
notice of intent to deny, which is a type of draft permit in accordance with
N.J.A.C.
7:14A-15.6 which includes only a statement of
basis in accordance with
N.J.A.C.
7:14A-15.7.
3. For a request for a permit suspension or
revocation for one or more causes listed at
N.J.A.C.
7:14A-16.6, the Department shall either:
i. Issue a draft permit under
N.J.A.C.
7:14A-15.6, which includes only a statement
of basis in accordance with
N.J.A.C.
7:14A-15.7; or
ii. Deny the request for a suspension or
revocation. The Department shall issue the requester a response letter stating
the reasons for the denial. This decision is a final agency action.
4. For a request for a minor
modification, the Department shall either:
i.
Issue a minor modification in accordance with N.J.A.C. 7:14A- 16.5;
or
ii. Deny the request for a minor
modification. The Department shall issue the requester a response letter
stating the reasons for the denial. This decision is a final agency
action.
(e) When the Department
issues a draft permit for a major modification, only those conditions that are
being modified shall be reopened for notice and comment. Where a permit is
renewed or revoked and reissued, the entire permit shall be reopened for notice
and comment.
(f) The permittee
shall comply with all conditions of the existing permit while a request for
modification, revocation and reissuance, renewal, suspension or revocation is
being processed by the Department unless the conditions of the existing permit
are stayed in accordance with
N.J.A.C.
7:14A-17.6.
(h) Procedures for expedited permit renewal
are as follows:
1. A permittee shall be
eligible for an expedited permit renewal when the Department reviews the
existing permit and determines that no change to the permit is needed other
than changes which would constitute a minor modification under
N.J.A.C.
7:14A-16.5. The Department may determine
eligibility on its own initiative or a permittee may request that the
Department consider issuing an expedited permit renewal by submitting a request
for consideration for an expedited permit renewal at least 270 days prior to
the permit expiration date. The Department shall notify permittees as to their
eligibility for an expedited renewal 210 days before the permit expiration
date.
2. A permittee notified of
eligibility for an expedited permit renewal pursuant to (h)1 above shall, at
least 180 days prior to the permit expiration date, either submit a written
request for the expedited renewal or, if not interested in expedited permit
renewal and the discharge will continue after the permit expiration date,
submit a renewal application in accordance with N.J.A.C. 7:14A-4.
3. When issuing an expedited permit renewal:
i. In accordance with
N.J.A.C.
7:14A-15.10(d), the
Department shall provide a consolidated public notice in the DEP Bulletin and
appropriate newspaper(s) for those facilities classified as major facilities,
listing those permits it plans to renew. Such public notice shall include the
opportunity for public comment and the procedure for requesting a public
hearing in accordance with
N.J.A.C.
7:14A-15.11; and
ii. Issue a final permit to each permittee
after the close of the public comment period which shall include the same terms
and conditions as the existing permit, with the exception of changes that
constitute minor modifications pursuant to
N.J.A.C.
7:14A-16.5 unless the Department determines,
based on issues raised during the public comment period, to prepare a new draft
permit pursuant to
N.J.A.C.
7:14A-15.14(a).
(i) When taking any
permit action pursuant to (c) above for two or more similar permits, the
Department may consolidate the procedures listed in
N.J.A.C.
7:14A-15.7, 15.8 and 15.10, such that one
statement of basis or fact sheet, as appropriate, and one public notice for all
of the permits are prepared for publication.
(j) When a proposed rule change affects
multiple permits, the Department may modify the affected permits through a rule
proposal.
1. The permit modification may be
done through a rule proposal provided the Department:
i. Identifies the affected permits in the
rule proposal; and
ii. Provides the
affected permittees with a copy of the rule proposal as published in the New
Jersey Register.
2. When
a permit is modified through a rule proposal, the rule proposal shall serve as
the draft permit for the purposes of
N.J.A.C.
7:14A-15.6 and fact sheet for the purposes of
N.J.A.C.
7:14A-15.8.
3. The affected permit(s) will be finalized
simultaneously on adoption of the rule proposal and constitute a final permit
decision.
