Current through Register Vol. 56, No. 24, December 18, 2024
(a)
Based on its review of the complete application submitted in accordance with
N.J.A.C.
7:14D-2.1, and any public comment received in
accordance with
N.J.A.C.
7:14D-2.2, the Department shall issue a DEB
if it determines that the following standards are met:
1. The treatment equipment is or will be used
exclusively to treat effluent from a wastewater treatment facility for the
purposes of reuse in an industrial process, which effluent would otherwise have
been legally discharged into waters of the State;
2. The conveyance equipment is or will be
used exclusively to transport effluent to the facility in which treatment
equipment has been or is to be installed and/or to transport further treated
effluent to an industrial facility for reuse in an industrial process;
and
3. The reuse of the further
treated effluent is or will be beneficial to the water resources of the State.
The following factors shall be considered in this determination:
i. That the reuse will not cause a violation
of any minimum passing flow restrictions applicable in the waterbody to which
the effluent would otherwise have been legally discharged;
ii. That, if the reuse results in an
interbasin transfer (that is, if the ultimate discharge of the wastewater is to
a watershed other than the one to which the effluent would have been legally
discharged if it were not reused), then such interbasin transfer will not have
an adverse impact on the water resources in the affected watersheds;
iii. That the pollutant load to the receiving
waterbody to which the effluent would have been legally discharged if it were
not reused is or will not be increased as a result of the reuse; and
iv. That water resources of the State are or
will be conserved as a result of the reuse.
(b) A DEB issued under this section shall
include:
1. The name of the industrial
facility and the applicant to whom the DEB is issued;
2. A list of the treatment equipment or
conveyance equipment that the Department has determined meets the requirements
of this chapter;
3. The purchase
cost of the treatment equipment or conveyance equipment that the Department has
determined meets the requirements of this chapter;
4. The date of the DEB; and
5. A statement that, pursuant to this
chapter, the Department has determined that the treatment or conveyance
equipment will, in its operation, and considered in conjunction with the reuse
of the further treated effluent that results from that operation, result in an
environmental benefit.
(c) The DEB shall be accompanied by a summary
prepared by the Department, which shall include the following:
1. A description of the relevant public
comments received on the DEB application and the Department's responses to
issues raised in the comments; and
2. An explanation of the basis of the
Department's determination that the treatment equipment or conveyance equipment
complies with the standards at (a) above and the requirements of this
chapter.
(d) If the
Department determines that the treatment equipment or conveyance equipment for
which the DEB application was submitted does not meet the standards at (a)
above, the Department shall deny the DEB in writing. The denial shall state the
basis for the denial, including a description of relevant public comments
received on the DEB application and the Department's responses to issues raised
in the comments.
(e) The Department
shall provide a copy of each DEB issued under this chapter to the Division of
Taxation, New Jersey Department of Treasury, and to any person who submitted
written comments on the application in accordance with
N.J.A.C.
7:14D-2.2.
