Current through Register Vol. 56, No. 24, December 18, 2024
(a)
General permit 24 authorizes activities in freshwater wetlands and transition
areas necessary for the repair or modification of a malfunctioning individual
subsurface sewage disposal system. General permit 24 does not authorize
activities in State open waters.
(b) For the purpose of general permit 24:
1. "Individual subsurface sewage disposal
system" means a system for disposal of sanitary sewage into the ground which is
designed and constructed to retain most of the settleable solids in a septic
tank and to discharge the liquid effluent to a disposal field. This does not
include outhouses, dry wells or similar facilities; and
2. "Malfunctioning" means that the use is
impaired, and the system is not functioning to treat sewage as it was
designed.
(c) Activities
are authorized under general permit 24, provided the applicable requirements at
N.J.A.C.
7:7A-5.7 and 20.3 are met and:
1. The activities do not disturb more than
one-quarter acre of freshwater wetlands and/or transition areas and shall be
located on the same property where the malfunctioning system is
located;
2. The repair or
modification is not directly or indirectly caused by an expansion of the
facility the individual subsurface sewage disposal system serves, or by a
change in its use, including a change from disuse or abandonment to any type of
use; and
3. The repair or
modification of the system is limited to serve only those volumes of sanitary
sewage, estimated in accordance with
N.J.A.C.
7:9A-7.4, that were approved prior to the
malfunction.
(d)
Activities under general permit 24 are not subject to the application contents
requirements at N.J.A.C. 7:7A-16, except for the general application
requirements at
N.J.A.C.
7:7A-16.2, but are subject to the public
notice requirements at N.J.A.C. 7:7A-17. There is no application fee for an
authorization under general permit 24. Instead, an application for
authorization shall be submitted to the Department electronically through the
Department's online system at http://nj.gov/dep/online at least 30
days prior to starting work and shall include the following:
i. A completed Property Owner Certification
form(s) signed by the applicant and all individuals required to certify to the
application in accordance with
N.J.A.C.
7:7A-16.2(d). The Property
Owner Certification form is available from the Department at the address set
forth at N.J.A.C. 7:7A-1.4;
ii. All of the information listed at
N.J.A.C.
7:7A-16.7(b);
iii. The following digital documents, which
must be uploaded to the online service in the format specified in the
application checklist:
iv. A letter
from the local board of health with jurisdiction over the individual subsurface
sewage disposal system, stating that:
(3)
There is no alternative location on the site that:
(A) Has a seasonal high water table deeper
than one and one half feet below the existing ground surface; and
(B) Can be used for a subsurface sewage
disposal system;
v. Photographs or other visual
representations that illustrate existing site conditions;
vi. Documentation that public notice of the
application has been provided in accordance with N.J.A.C. 7:7A-17, including a
completed Public Notice form, available from the Department at the address set
forth at N.J.A.C. 7:7A-1.4; and
vii. A copy of all conservation restrictions
that impact any portion of the site that is the subject of the
application.