Current through Register Vol. 56, No. 18, September 16, 2024
(a) Persons who propose to build, install, or
modify treatment works that require the Department's approval pursuant to this
subchapter, shall submit the following information and documents in the manner
prescribed in this subchapter:
1. The Department's
Treatment Works Approval application form, as defined at
7:14A-22.6(a)1,
(original) signed, dated and imprinted with a seal where applicable; and
2. The appropriate fee, calculated in accordance
with 7:14A-22.25, made payable to Treasurer,
State of New Jersey, Environmental Services Fund;
3. A resolution and/or written statement of
consent from the affected municipality, sewerage authority, owner of the receiving
treatment plant, owner/operator of the wastewater conveyance system into which the
project will directly connect, and district sludge management lead planning agency
(if applicable, see (a)3ii below) or completion of the Department's form WQM003.
i. Prior to the submission of an application for
treatment works approval, the applicant shall submit (return receipt requested) a
copy of the application (at a minimum) to the affected sewerage authority (not
required for direct dischargers) and to the municipality in which the construction
will be located, with a request that they provide a written statement of consent of
the application.
(1) A written statement of
consent by the municipality shall include the statement that the project as proposed
is in conformance with the requirements of all municipal ordinances and that the
governing body of the municipality accepts and approves of the project as proposed
by the applicant. If the statement of consent is signed by anyone other than the
mayor, the municipality shall file with the Department an official resolution by the
governing body delegating such responsibility to the named individual.
ii. A written statement of consent from
the district sludge management lead planning agency is required only for
applications that involve construction of residual management units at ultimate
residuals management sites.
iii. Written
statements of consent from the affected sewerage authority shall contain a
certification concerning the plant's compliance with applicable NJPDES permit
requirements.
iv. A written statement of
consent from the owner/operator of the conveyance system must certify that the
conveyance system has adequate conveyance capacity as defined in
7:14A-1.2, to convey the additional
flow.
v. If an applicant is unable to
obtain the required written statement of consent, then the applicant may choose to
follow the procedures stated in (a)3v(1) through (5) below. An application may be
considered complete only after the 60 day period of notification, as required in
(a)3v(1) through (5) below, has elapsed.
(1) The
affected sewerage authority or municipality shall submit a written statement of
consent to the application or submit written comments to the Department within 60
days of the request for consent. Prior to the expiration of the 60 day period to
respond a request for a written statement of consent, the municipality or sewage
authority may request a 30 day extension for review of a request for
consent.
(2) Any document issued by a
sewerage authority or municipality which is tentative, preliminary, or conditional
approval shall not be considered a statement of consent.
(3) When the affected sewerage authority or
municipality does not consent to a project, it shall state all reasons for rejection
or disapproval in a resolution and send a certified copy of the resolution to the
Department.
(4) When the affected
municipality or sewerage authority expressly denies a request for a written
statement of consent for a project, the permit application may be determined by the
Department to be incomplete for processing; or in the alternative, the Department
may review the reasons for denial. Any such reasons shall be considered by the
Department in determining whether to issue a treatment works approval or sewer
connection approval in accordance with this subchapter.
(5) When the affected municipality or sewerage
authority does not issue either a written statement of consent or a denial of the
request for consent, the Department, upon receipt of proof that the applicant has
delivered to the affected agency a written request for a written statement of
consent, shall review the reasons for the lack of consent or denial, if known on the
basis of reasonably reliable information. Any such reasons shall be considered by
the Department in determining whether to issue a treatment works approval or sewer
connection approval in accordance with this subchapter.
4. Evidence that the following agencies
have been notified by certified mail, return receipt requested, of the intent to
file with the Department a treatment works approval application:
i. The municipal environmental commission, if
any;
ii. The county environmental
commission, if there is no municipal environmental commission; and
iii. The municipal planning board;
5. For wastewater collection and
conveyance systems, an original signed copy of the Department's Engineering Report
Form WQM006. The Engineer's Report shall be signed and sealed (embossed) by a New
Jersey licensed professional engineer;
6. For treatment units, holding tanks,
equalization tanks, or treatment works other than collection and conveyance systems,
in addition to the Department's form WQM006, the applicant shall prepare and submit
a technical report addressing the requirements specified in
7:14A-23.5;
7. An itemized engineering cost estimate for the
proposed treatment works. The cost estimate shall be in sufficient detail to
indicate the basis for the estimate and the approximate separation of costs for
individual sewerage facilities;
8. One
set, each, of final construction plans and specifications, signed and sealed by a
New Jersey licensed professional engineer, and meeting the requirements stated in
7:14A-23.4;
9. One original Dry Sewer Affidavit, if applying
for a stage II "construction only" permit pursuant to
7:14A-22.9;
10. A copy of a USGS Quad Map with the project
site location boundaries drawn to scale. If the project includes a pump station or
sewage treatment plant, the GPS coordinates of the pump station or treatment plant
control building in accordance with N.J.A.C. 7:1D Appendix A. The Department
recommends using the "NJDEP GPS Data Collection Standards" guidance document, as
amended or updated. Guidance related to the mapping and digital data standards is
available at the Department's website at http://www.state.nj.us/dep/gis/standard.htm
[File Link Not Available];
11. Copies
of Pinelands Commission approval or certificate of filing, Delaware and Raritan
Canal Commission approval, and a Highlands Preservation Area Approval, if
required;
12. For sewage holding tank
applications, the following additional items are required:
i. A letter of consent from the local board of
health; and
ii. Evidence of contracts
with two licensed waste haulers (one as a back-up); and
13. For a hauling/diversion treatment works
application, the following additional items are required:
i. Evidence of contracts with two licensed waste
haulers (one as a back-up);
ii. For
projects involving wastewater hauling, a letter of consent from the entity accepting
the wastewater for treatment and final disposal and for projects involving
wastewater diversion, a letter of consent from the municipality or authority
accepting additional flow through its collection system; and
iii. A statement concerning the frequency and
amount of wastewater which will be hauled/diverted. This amount shall be at least
equivalent to the project's projected flow pursuant to
7:14A-23.3.
(b) All submissions, including the
application, engineer's report, specifications, and plans shall bear an embossed
seal of a New Jersey licensed professional engineer.
(c) Applications shall be signed by the applicant,
a responsible official of the applicant as defined in (c)1 below, or an authorized
agent providing that an authorization for signature is submitted with the
application.
1. A responsible official is an
individual meeting the requirements set forth in
7:14A-4.9.
2. Signatures older than one year at the time of
submission to the Department are not acceptable, except in the case of a previously
denied application, in which case the Department shall have the discretion to accept
signatures older than one year, or require more recent signatures, depending upon
the specific circumstances.
(d) Applications and any other information
pertaining to treatment works shall be sent to the Department's Division of Water
Quality, Bureau of Permit Management, PO Box 029, Trenton, NJ 08625-0029.
(e) Any inaccurate material that could affect the
outcome of a treatment works approval decision or falsification of information
submitted shall be cause for rejection of the application at any time during the
review procedure.