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