N.J. Admin. Code § 7:15-3.4 - Water quality management plan revisions and revision procedures

(a) Revisions to areawide WQM plans shall be limited to actions that:

1. Correct or clarify erroneous or unclear information in the areawide WQM plan provided the change is not a substantive change;

2. Upon application by the Pinelands Commission, update a wastewater service area map in accordance with N.J.A.C. 7:15-4.4(b) 1 to reflect a redesignation of a Pinelands Management Area approved by the Pinelands Commission pursuant to N.J.A.C. 7:50-7 or the ordinance certification procedures of N.J.A.C. 7:50-3, if the notice of the proposed redesignation provides that, if approved, the redesignation could also modify the sewer service area in the areawide WQM;

3. Update a wastewater service area map in accordance with N.J.A.C. 7:15-4.4(c) 2, to reflect a Highlands Regional Master Plan map adjustment, Highlands center, or Highlands redevelopment area designated by the Highlands Council in a Highlands conforming municipality if the notice of the proposed map adjustment provided that, if approved, such action could also modify the sewer service area in the areawide WQM;

4. Transfer or assign wastewater management plan responsibility under N.J.A.C. 7:15-2.8; or

5. Revise schedules for submission of wastewater management plans in accordance with N.J.A.C. 7:15-4.2.

(b) Applications for revisions shall include a detailed basis for the revision, including any documentation supporting the assertion that the project or activity qualifies as a revision and other documentation as determined by the Department necessary to determine that the project or activity qualifies as a revision.

1. Alternative assignment of WMP responsibility revisions under (a)4 above shall include a schedule for submission of the WMP; and

2. Reasons that may justify the establishment of an alternative schedule for submission of a wastewater management plan under (a)5 above include, but are not limited to:

i. Coordination of WMPs with the preparation of municipal or county master plans under N.J.S.A. 40:55D-28 or N.J.S.A. 40:27-2, or with reexaminations under N.J.S.A. 40:55D-89; or

ii. Coordination between adjacent WMP areas.

(c) An applicant may petition the Department to revise an areawide plan, or the Department may propose to revise areawide plan(s) on the Department's own initiative. Applications for revisions shall be submitted electronically on forms prescribed by the Department in accordance with N.J.A.C. 7:15-1.6. The procedure for revision of areawide plans is set forth in (d) through (i) below.

(d) Designated planning agency plan revision procedures approved by the Department prior to November 7, 2016, shall remain in full force and effect, unless or until modified by the designated planning agency and approved by the Department. Proposals submitted for revisions to a designated planning agency shall comply with these established procedures.

(e) Within 60 days of receiving an application for a revision, the Department shall review the application and notify the applicant that additional information is required, the application is disapproved, or that the application qualifies as a revision.

(f) The Department shall distribute the proposed revision to the entities identified in accordance with N.J.A.C. 7:15-3.5(f) and provide 21 days for comment.

(g) Based on the administrative record, the Department will adopt, adopt with minor changes that do not effectively destroy the value of the notification to affected entities, or disapprove and notify the applicant and affected entities.

(h) The Department shall provide written notification of its decision to the applicant and the affected entities. A revision is effective upon adoption by the Department, unless the adoption notice specifies otherwise.

(i) The Department shall post adopted revisions to areawide WQM plans on the Department's website at

http://www.nj.gov/dep/wrm/.

Notes

N.J. Admin. Code § 7:15-3.4

Amended by 48 N.J.R. 2244(a), effective 11/7/2016