Current through Register Vol. 56, No. 24, December 18, 2024
(a) The
Department, following its determination that the application for a new permit
or major modification of a permit is technically complete pursuant to
N.J.A.C.
7:19-2.5(b), will:
1. Publish a notice of application for a
water supply allocation permit or temporary dewatering permit in a newspaper of
general circulation in the area affected by the proposed diversion. The notice
shall contain:
i. A description of the
proposed diversion, including but not limited to the source, location, quantity
and/or allocation of water to be diverted.
ii. The date of the close of the public
comment period on the application, which shall be at least 30 days from the
date of publication of the notice of application for a water supply allocation
permit, or at least 14 days from the date of publication of the notice of
application in the case of a temporary dewatering permit or a local water
emergency.
iii. A statement that
written comments, arguments or objections to the application may be submitted
until the end of the public comment period; and
iv. A statement that a hearing shall be
scheduled if any interested party, including the applicant or the Department,
so requests in writing, before the end of the comment period. The Department
will provide notice of the hearing date in accordance with (d) below;
and
2. Notify, in
writing, the applicant, the governing bodies of municipalities and counties and
water allocation permittees, certification holders, and water use registrants
within a one mile radius of the diversion and officials of existing public
water systems within a five mile radius of the proposed diversion. If a
proposed diversion might impact upstream or downstream diversions, the
Department will notify all affected governing bodies and permittees in the
watershed that may be affected by the proposed diversion.
(b) Once the notice of application is
published pursuant to (a)1 above, the applicant shall not make any changes to
its application, which would be considered a major modification pursuant to
N.J.A.C.
7:19-1.5.
(c) Between the date of publication of the
notice of application and the scheduled date for the close of the public
comment period, the Department will review the application and any written
comments received. The Department will develop a staff recommendation to either
grant or deny the application. The staff recommendation will include any
conditions to be attached to the permit if the recommendation is to issue the
permit or an explanation of the reasons for denial if the recommendation is to
deny the application. The staff recommendation will be mailed to the applicant
to be commented on or objected to approximately 14 days prior to the close of
the public comment period, and will be available at the Department for public
review during this period.
(d) If
the Department does not receive a request for a hearing on the application
pursuant to (a) above, the Department will issue a permit or deny the
application.
(e) If the Department
does receive a request for a hearing on the application pursuant to (a) above,
the Department will:
1. Schedule a public
hearing, publish a notice of hearing on the application in a newspaper of
general circulation in the area affected by the proposed diversion that is the
subject of the application at least 30 days prior to the hearing on an
application for a water supply allocation permit or 14 days prior to the
hearing in the case of an application for a temporary dewatering permit or a
local water emergency; and
2.
Notify, in writing, the applicant, governing bodies of municipalities and
counties and water allocation permittees, certification holders and water use
registrants within a one mile radius of the diversion and officials of existing
public water systems within a five mile radius of the proposed diversion. If a
proposed diversion might impact upstream or downstream diversions, the
Department will notify all affected governing bodies and permittees in the
watershed.
(f) The
notice of hearing in (e) above shall contain:
1. A description of the
application;
2. The hearing date
and location; and
3. A statement
that written comments, arguments or objections to the application may be
submitted to the Department until the close of business on the day on which the
hearing is held or to the hearing officer at the public hearing.
