New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 1C - ENVIRONMENTAL JUSTICE
Subchapter 4 - PROCESS FOR MEANINGFUL PUBLIC PARTICIPATION
Section 7:1C-4.1 - Public notice

Universal Citation: NJ Admin Code 7:1C-4.1

Current through Register Vol. 56, No. 18, September 16, 2024

(a) After receiving authorization from the Department pursuant to N.J.A.C. 7:1C-3.4 to proceed to public process, the applicant shall provide notice of the public hearing and of the opportunity for the public to submit written comments, in accordance with the following, and shall maintain a record that documents that these notice requirements were met:

1. At least 60 days prior to the hearing, the applicant shall:
i. Provide a copy of the EJIS to the clerk of the municipality or municipalities in which the overburdened community is located;

ii. Publish notice of the hearing in at least two newspapers circulating within the overburdened community, including, at a minimum, one local non-English language newspaper in a language representative of the residents of the overburdened community, if applicable;

iii. Provide written notice of the hearing to the Department, the governing body, and the clerk of the municipality in which the overburdened community is located;

iv. Provide written notice of the hearing through certified mail (return receipt requested) to all persons who own and/or reside on land located within 200 feet of the facility and to any easement holders for that land who are listed in the tax records for the municipality or municipalities in which the land is located;

v. Post and maintain, in a legible condition, until the public comment period is concluded, a sign on the site of the existing or proposed facility. Any such sign must advise the public of the permit application, the public hearing on the application, and the opportunity for public comment on the proposal. Such sign must be located in a prominent location(s) viewable by the public and contain sufficient detail in a language or language representative of the residents of the overburdened community as to inform of the application and the method by which the public may obtain information about such proposed application;

vi. Provide notice through other methods identified by the applicant to ensure direct and adequate notice to individuals in the overburdened community including, but not limited to, providing information directly to active community groups or organizations, automated phone, voice, or electronic notice, flyers, and/or utilization of other publications utilized within the overburdened community; and

vii. Invite the Department, municipality or municipalities, and local environmental and environmental justice bodies to participate in the public hearing.

(b) The notices required pursuant to (a)1 above shall include the following information:

1. The name of the applicant and the date, time, and location of the hearing;

2. A general description of the proposed new or expanded facility or existing major source facility, as applicable, being considered;

3. A map indicating the location of the facility, including the street address, as applicable, municipality, county, tax map block and lot, and size of the property that would be the subject of the application being considered;

4. A brief summary of the EJIS and supplemental information, as applicable, and information on how an interested person may review a copy of the complete EJIS and supplemental information, as applicable;

5. A statement inviting participation in the public hearing and notifying the public that, for a time period of no less than 30 days after the hearing and 60 days total, written comments may be submitted to the applicant. The statement shall provide an address for submittal of written comments to the applicant; and

6. Any other information deemed appropriate by the Department, for that specific notice.

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