Current through Register Vol. 56, No. 18, September 16, 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
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 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.
