Current through Register Vol. 56, No. 18, September 16, 2024
(a) All permit applications must be submitted on forms provided by the Department obtained from the address at N.J.A.C. 7:1F-1.10 and contain the information specified at (b) or (h) below, or N.J.A.C. 7:1F-5.1 or 5.2, as applicable, in the format and number specified in the form. The permit application must be accurately completed, signed, dated, and returned to the address provided at N.J.A.C. 7:1F-1.10.
(b) Prior to beginning construction activities and in addition to the requirements pursuant to (a) above, an owner and operator of a proposed underground storage cavern system shall submit with its permit application:
1. A feasibility study, completed in accordance with N.J.A.C. 7:1F-2.1;
2. Design specifications, in accordance with N.J.A.C. 7:1F-2.2(a);
3. A process hazard analysis, in accordance with N.J.A.C. 7:1F-2.3;
4. Assessments of environmental, health, and climate change impacts, in accordance with N.J.A.C. 7:1F-2.4; and
5. Documentation demonstrating the competency and independence of the third party conducting an evaluation of the application materials at (b)1, 2, and 3 above, in accordance with N.J.A.C. 7:1F-2.5(b) and (d).
(c) Upon receipt of the permit application, the Department shall make an administrative review of the application materials required at (a) and (b) above, as follows:
1. If the application does not contain all documents and information required at (a) and (b) above, the Department shall, within 30 days of receipt of the application, advise the applicant, in writing, as to the additional information required to make the application administratively complete and the date by which the additional information must be received by the Department. The Department may return the application with the written notification to the applicant. A determination of incompleteness shall stop any review and shall stay the time limitations set forth at (d) below.
2. If the application contains all documents and information required pursuant to (a) and (b) above and is determined to be administratively complete, the Department, within 30 days of receipt of the application, shall so advise the applicant in writing.
(d) After the Department declares the application materials required pursuant to (a) and (b) above are administratively complete, the owner and operator shall retain a third party, in accordance with N.J.A.C. 7:1F-2.5, to conduct and complete an evaluation report of the application materials submitted pursuant to (a) and (b)1, 2, and 3 above. The third party shall submit its evaluation report directly to the Department at the address provided at N.J.A.C. 7:1F-1.10, for technical review. Within 180 days of receiving the third-party evaluation report, the Department shall review the application materials required at (a) and (b) above and the evaluation report, in accordance with the following:
1. If the materials required pursuant to (b) above and the evaluation report do not contain sufficient technical information or if the technical information requires clarification, the Department shall so advise the owner and operator, in writing, and provide a list of deficiencies and additional or clarifying information required to make the application complete. If the requested additional or clarifying information is not submitted to the Department within 30 days of receiving the notice of deficiency, the Department may:
i. Extend the date by which the applicant must provide additional or clarifying information; or
ii. Deny the application pursuant to N.J.A.C. 7:1F-4.7.
2. The third party shall evaluate any changes to the materials submitted, in accordance with (b)1, 2, and 3 above, as appropriate. The third party shall submit its additional evaluation to the Department.
3. If the materials, required pursuant to (b) above, and the evaluation report contain sufficient technical information and the proposed system conforms with the protections and requirements of the Act and this chapter, the Department shall prepare a draft approval to construct and bill the owner and operator for the Department review activity fees, in accordance with N.J.A.C. 7:1F-1.9(g).
(e) The Department shall publish, in the DEP Bulletin, a notice of the receipt of the permit application, and shall also publish notice upon each significant action or determination the Department makes regarding an application under review. The notice shall include:
1. The name of the owner and operator of the system;
2. The permit application number;
3. The location of the proposed system or facility; and
4. The date and description of the Department's action or determination.
(f) Upon publication of the notice in the DEP Bulletin regarding a draft approval to construct, the Department shall hold a public hearing, no sooner than 15 days after publication of the notice. A comment period will also be held open for a period of 30 days after publication in the DEP Bulletin. The Department, in its discretion, may extend the comment period for an additional 30 days beyond the initial 30-day comment period.
(g) Upon completion of a comment period for a draft approval to construct, the Department shall:
1. Issue an approval for construction with any condition(s) it deems appropriate;
2. Require additional or clarifying information from the owner and operator if information received during the comment period necessitates substantial changes to the application or additional review by the Department; or
3. Deny the application pursuant to N.J.A.C. 7:1F-4.7.
(h) Prior to beginning any operation activity, and in addition to the requirements at (a) and (b) above, the owner and operator of a proposed system shall submit:
1. As-built specifications and mechanical integrity testing results, in accordance with N.J.A.C. 7:1F-3.1;
2. An operation and maintenance plan, in accordance with N.J.A.C. 7:1F-3.2;
3. An emergency response plan, developed in accordance with N.J.A.C. 7:1F-3.4;
4. A decommissioning plan, in accordance with N.J.A.C. 7:1F-6;
5. A climate change impact assessment in accordance with N.J.A.C. 7:1F-2.4(f); and
6. Payment of the fee for the Department's services, review, and processing of the application for approval to construct.
(i) Prior to approving a permit to operate the system, the Department shall make an administrative review of the application materials required pursuant to (h) above, as follows:
1. If the application does not contain all documents and information required pursuant to (h) above, the Department shall, within 30 days of receipt of the application, either return the application or advise the applicant, in writing, as to the additional information required to make the application administratively complete and the date by which the additional information must be received by the Department. If an application is returned, the owner and operator shall be advised, in writing, as to the additional information required to make the application complete.
2. If the application contains all documents and information required pursuant to (h) above and is determined to be administratively complete, the Department, within 30 days of receipt of the application, shall so advise the owner and operator in writing.
(j) After the Department declares the application materials required pursuant to (h) above are administratively complete, the Department shall review within 90 days the application materials required pursuant to (h) above, in accordance with the following:
1. If the materials required at (h) above do not contain sufficient technical information or if the technical information requires clarification, the Department shall so advise the owner and operator, in writing, and provide a list of deficiencies and additional or clarifying information required to make the application complete. If the requested additional or clarifying information is not submitted to the Department within 30 days of receiving the notice of deficiency, the Department may:
i. Extend the date by which the applicant must provide additional or clarifying information; or
ii. Deny the application pursuant to N.J.A.C. 7:1F-4.7.
2. If the materials required pursuant to (h) above are determined by the Department to contain sufficient technical information and the constructed cavern system conforms with the protections and requirements of the Act and this chapter, and payment of the applicable fee assessed pursuant to N.J.A.C. 7:1F-1.9(g) is made, the Department shall issue an approved permit to operate the cavern, with any conditions it deems appropriate. The Department shall publish notice in the DEP Bulletin, in accordance with (e) above.
(k) The owner and operator of a system shall notify and submit to the Department any change or update to the information submitted, in accordance with (h) above prior to the Department's issuance of the approved permit to operate.
