Current through Register Vol. 56, No. 18, September 16, 2024
(a)
Except for the applications identified at (a)1, 2, and 3 below, the
completeness review process for all applications for a letter of
interpretation, applications for authorization under a general permit,
applications for a transition area waiver, applications for an individual
permit, and applications for a water quality certificate, is set forth at (b)
through (g) below.
1. For an application for
authorization under general permit 1 for ongoing maintenance of an off-stream
stormwater management facility created in uplands, including a wetland
constructed in uplands for stormwater management purposes under
N.J.A.C. 7:7A-7.1, the
completeness review process is set forth at
N.J.A.C.
7:7A-19.3;
2. For an application for authorization under
general permit 24 for repair of a malfunctioning individual subsurface sewage
disposal system under
N.J.A.C.
7:7A-7.24, the completeness review process is
set forth at
N.J.A.C.
7:7A-19.3; and
3. For an application for an authorization
under general permit 25 for minor channel or stream cleaning for local
government agencies at
N.J.A.C.
7:7A-7.25, the completeness review process is
set forth at
N.J.A.C.
7:7A-19.4.
(b) Within 20 working days after receiving an
application, where day one of the 20-working-day period is the date the
application is received, the Department shall take one of the following
actions:
1. Determine the application is both
administratively and technically complete, issue notification to the applicant
in writing that the application is complete for review, effective as of the
date the Department received the application, and transmit a copy of the
application to other agencies if required under this chapter. For example, an
application for an individual permit for a major discharge must be transmitted
to the USEPA for comment under
N.J.A.C.
7:7A-19.5;
2. Determine the application is
administratively complete but technically incomplete and issue notification to
the applicant in writing that the application is technically incomplete. This
notification shall specify the additional information required and the deadline
by which the information must be submitted; or
3. Determine the application is
administratively incomplete and issue notification to the applicant in writing
that the application is administratively incomplete. This notification shall
specify the additional information required and the deadline by which the
information must be submitted.
(c) Within 15 calendar days after receiving
the additional information submitted pursuant to (b)3 above for an
administratively incomplete application, the Department shall take one of the
following actions:
1. Determine that the
application is both administratively and technically complete and issue
notification to the applicant in writing that the application is complete for
review, effective as of the date the Department received the additional
information, and transmit a copy of the application to other agencies if
required under this chapter;
2.
Determine that the application is administratively complete but technically
incomplete and issue notification to the applicant in writing that the
application is technically incomplete. This notification shall specify the
additional information required and the deadline by which the information must
be submitted; or
3. Determine that
the additional information is not sufficient and issue notification to the
applicant in writing that the application remains administratively incomplete.
The notification shall specify the additional information required and the
deadline by which the additional information must be submitted.
(d) Within 15 calendar days after
receiving the additional information submitted pursuant to (b)2 or (c)2 above
for a technically incomplete application, the Department shall take one of the
following actions:
1. Determine the
application is technically complete and issue notification to the applicant in
writing that the application is complete for review, effective as of the date
the Department received the additional information, and transmit a copy of the
application to other agencies if required under this chapter; or
2. Determine the additional information is
not sufficient and issue notification to the applicant in writing that the
application remains technically incomplete. The notification shall specify the
additional information required and the deadline by which the additional
information must be submitted. If the applicant submits all of the information
requested pursuant to this notification, the Department shall declare the
application complete for review, effective as of the date the Department
received the additional information.
(e) The applicant shall send the additional
information submitted to the Department pursuant to (b)2 or 3, (c)2 or 3, or
(d)2 above to the municipal clerk of each municipality in which the project is
located and shall provide notice explaining that additional information has
been submitted to the Department to any person listed at
N.J.A.C.
7:7A-17.3whom the Department determines would
likely be affected by the additional information. The applicant shall provide
documentation in accordance with
N.J.A.C.
7:7A-17.5that the additional information and
notice were provided.
(f) An
applicant shall submit all additional information pursuant to (b)2 or 3, (c)2
or 3, or (d)2 above within 90 calendar days after the date of the Department
request, unless the Department specifies a different deadline in the request.
If the applicant does not submit the additional information by the deadline,
the Department shall, in accordance with
N.J.A.C.
7:7A-19.8, cancel the application or, if the
applicant demonstrates good cause for the delay in providing the requested
information, extend the time to submit the information.
(g) If the Department does not take one of
the actions in (b) above within 20 working days after receiving an application,
the application shall be declared complete for review, effective as of the date
the application was received by the Department.
(h) If the Department does not take one of
the actions at (c) or (d) above within 15 calendar days after receiving
additional information submitted for an administratively or technically
incomplete application, the application shall be declared complete for review,
effective as of the date the additional information was received by the
Department.
