New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES
Subchapter 2 - JURISDICTION, APPLICABILITY AND EXEMPTIONS
Section 7:38-2.6 - Applicability for purposes of NJPDES-permitted discharges and wastewater facilities

Universal Citation: NJ Admin Code 7:38-2.6

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

(a) Pursuant to 58:11A-7.1, within the preservation area, designated sewer service areas for which wastewater collection systems have not been installed as of August 10, 2004, were revoked effective August 10, 2004, and any associated treatment works approvals in the impacted areas expired on August 10, 2004 except for sewer service areas and any associated treatment works approvals necessary to serve:

1. Development that is exempt from the Highlands Act pursuant to 7:38-2.3; or

2. Major Highlands development that is approved in accordance with an HPAA with a waiver in accordance with N.J.A.C. 7:38-6.

(b) Except as provided in (d) below, any application for an individual NJPDES permit, request for authorization under a general NJPDES permit, or application for treatment works approval under N.J.A.C. 7:14A for an activity in the preservation area shall be submitted to the Division of Water Quality at the address in 7:38-1.2(a)3. If the Department determines the proposed activity for which the application is submitted constitutes major Highlands development, the activity will require a Highlands Applicability Determination that the activity is exempt from the Highlands Act and consistent with the WQMP, exempt from the Highlands Act and not addressed under a WQMP, or has received an HPAA prior to the application being declared administratively complete for review under N.J.A.C. 7:14A.

(c) For a major Highlands development not exempt from this chapter, the permits, authorizations, approvals and certifications listed below shall not be approved unless an HPAA is first obtained in accordance with N.J.A.C. 7:38-6. For applications and forms, please contact the Division of Water Quality at the address in 7:38-1.2(a)3:

1. An individual NJPDES permit or an authorization under a general NJPDES permit;

2. A treatment works approval issued under N.J.A.C. 7:14A or 7:9A for building, installing, modifying, or operating any treatment works; and

3. A certification issued pursuant to 58:11-25.1 (for 50 or more realty improvements) for any sewerage facility.

(d) A request for authorization (RFA) under NJPDES Permit No. NJ0088323 (category 5G3 "construction activity" stormwater general permit) shall be submitted to the Department. Notwithstanding 7:38-2.4(b) and (c), requests for authorization shall not be considered complete for review under N.J.A.C. 7:14A unless accompanied by a HPAA or a Highlands Applicability Determination that the proposed activity is exempt from the Highlands Act and consistent with a WQMP, or exempt from the Highlands Act and not addressed by a WQMP.

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