Current through Register Vol. 56, No. 18, September 16, 2024
(a) A permittee or a
person who seeks and qualifies to be considered a party to the action pursuant to
7:14A-17.3 may submit to the Department
a written request, by certified mail, or by other means which provides verification
of the date of delivery to the Department for an adjudicatory hearing to contest the
Department's final decision to:
1. Issue a new
permit, permit modification, permit revocation and reissuance, permit renewal,
permit suspension, or permit revocation;
2. Deny an application for a new permit or a
permit renewal; or
3. Deny a variance
pursuant to 7:14A-11.8.
(b) In order to request an adjudicatory hearing, a
permittee shall submit the request in accordance with the requirements in (e) below
within 30 days following receipt of the Department's notification of a final permit
decision under 7:14A-15.15(a). In
addition, the permittee shall provide a copy of its request for an adjudicatory
hearing to any other person named on the permit.
(c) In order to be considered a party to the
action for purposes of requesting an adjudicatory hearing under this section, a
person shall submit a request in accordance with the requirements in (f) below
within 30 days following receipt of the Department's notification of final permit
decision under 7:14A-15.15(a). In
addition, such person shall forward a copy of the request to the
permittee.
(d) The request for an
adjudicatory hearing shall be submitted to the Department at the address listed
below, and a copy of the request shall be submitted to the permit issuing office:
New Jersey Department of Environmental Protection
Office of Administrative Hearings and Dispute Resolution
ATTENTION: Adjudicatory Hearing Requests
401 E. State Street
Mail Code 401-07A
PO Box 420
Trenton, New Jersey 08625-0420
(e) A permittee shall request an adjudicatory
hearing by completing a Department adjudicatory hearing request tracking form which
shall contain the following information:
1. For
the Office of Legal Affairs only, a copy of the permit clearly indicating the permit
number and issuance date;
2. For the
permitting office only, the facility name and permit number;
3. The date that the notification of the final
permit decision was received by the permittee;
4. A list of the specific contested permit
condition(s) and the legal or factual question(s) at issue for each condition,
including the basis of any objection;
5.
A statement as to whether the permittee raised the legal and/or factual issues
during the public comment period in accordance with
7:14A-15.13;
6. The relevance of the legal and/or factual
issues to the permit decision;
7.
Suggested revised or alternative permit conditions and how they meet the
requirements of the State or Federal Act;
8. A request, if necessary for a barrier-free
hearing location for disabled persons;
9. An estimate of the amount of time required for
the hearing;
10. The name, mailing
address and telephone number of the person making the request(s);
11. The name(s) and address(es) of the person(s)
whom the requester represents; and
12.
Information supporting the request or other written documents relied upon to support
the request, unless this information is already in the administrative record (in
which case, such information shall be specifically referenced in the
request).
(f) A person
seeking consideration as a party to the action shall include the following
information in such person's request for an adjudicatory hearing:
1. The facility name and permit number;
2. A statement setting forth:
i. Each legal or factual question alleged to be at
issue;
ii. Whether the legal or factual
issue was raised by that person during the public comment period in accordance with
the provisions of
7:14A-15.13;
iii. The relevance of the legal or factual issue
to the permit decision, together with a designation of the specific factual areas to
be adjudicated; and
iv. An estimate of
the amount of time required for the hearing;
3. The date that notification of the final permit
decision was received by the person making the hearing request;
4. The name, mailing address, and telephone number
of the person making the request;
5. A
clear and concise factual statement of the nature and scope of the interest of the
requester which meets the criteria set forth at
7:14A-17.3(c)4;
6. The names and addresses of all persons whom the
person making the hearing request represents;
7. A request, if necessary, for a barrier-free
hearing location for disabled persons;
8. A statement by the person making the hearing
request that, upon motion by any party granted by the administrative law judge, or
upon order of the administrative law judge's initiative, such person shall make
available to appear and testify at the administrative hearing, if granted, the
following persons:
i. The person making the hearing
request;
ii. All persons represented by
the person making the hearing request; and
iii. All officers, directors, employees,
consultants, and agents of the person making the hearing request;
9. Specific references to the contested
permit conditions, as well as suggested revised or alternative permit conditions,
including permit denials, which, in the judgment of the person making the hearing
request, would be required to implement the purposes of the State Act;
10. Identification of the basis for any objection
to the application of control or treatment technologies, if identified in the basis
or fact sheets, and the alternative technologies or combination of technologies
which, in the judgment of the person making the hearing request are necessary to
satisfy the requirements of the State Act; and
11. A completed Department adjudicatory hearing
request tracking form.
(g)
The Department, in its discretion, may extend the time allowed for submission of an
adjudicatory request under this section for good cause.
