New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM
Subchapter 22 - TREATMENT WORKS APPROVALS, SEWER BANS, SEWER BAN EXEMPTIONS
Section 7:14A-22.8 - Application requirements for construction, installation, or modification of treatment works-Stage II

Universal Citation: NJ Admin Code 7:14A-22.8

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

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