N.J. Admin. Code § 7:19-1.5 - Major and minor permit modifications
(a) A major modification
of a permit shall be obtained pursuant to
7:19-2.2 for the following:
1. A change in water use from that specified in
the permit , or permit application, including any increase in the amount of
consumptive use of 10 percent or greater.
2. A change in the location of the wastewater
discharge of the water withdrawn pursuant to the permit , if the change in location
of the wastewater discharge reduces the safe or dependable yield of the water
resource or affects downstream permittees.
3. The relocation of an intake or well to a site
more than 100 feet from the site specified pursuant to the permit ;
4. The addition of a diversion source;
5. An increase in diversion capacity which results
in an increased yield from the currently permitted diversion source;
6. An increase in daily or monthly or annual
allocation; and/or
7. Any other
requested modification to an existing permit condition which has the potential to
cause an adverse impact either upon the water resource or upon other users of that
resource.
(b) A minor
modification of a water supply allocation permit or temporary dewatering permit may
be effected pursuant to the following:
1. A
permittee shall notify the Department in writing within 30 days of any change in the
permittee's name and/or mailing address. The notification shall identify the
permittee's current name, permit number, and address.
2. A permittee who enters into an agreement to
sell a facility for which a permit has been issued shall notify the purchaser of the
facility that the purchaser must obtain prior approval of the transfer of the permit
from the Department . The permittee shall provide the Department with written
documentation of this notification.
i. The
purchaser of the facility shall submit a request for approval of the transfer of the
permit in writing to the Department , 30 days prior to the purchase. The request
shall include the permit number, the seller's name and mailing address, the
effective date of transfer, the purchaser's name and mailing address and telephone
number of the person responsible for communicating with the Department regarding the
permit, and a statement that the purchaser has reviewed the permit and agrees to
comply with its terms.
3. A
permittee who installs a replacement well shall notify the Department in writing
within 30 days of installation. The notification shall identify the location of the
existing and the replacement well, the pump capacity and depth of the existing and
the replacement well, and the well permit number and local name or identifier for
the existing and replacement well. The permittee shall submit to the Department a
copy of the well abandonment report pursuant to N.J.A.C. 7:9-9.1 for the replaced
well within 30 days of placing the replacement well into operation.
4. A permittee seeking a minor modification other
than a minor modification specified in (b)1 through 3 above shall submit written
information to the Department which demonstrates to the satisfaction of the
Department that the proposed modification is not a major modification pursuant to
(a)1 through 7 above. The Department will either modify the permit accordingly or
notify the permittee that the proposed modification is subject to the requirements
of 7:19-1.5(a) and
2.2.
Notes
See: 26 N.J.R. 4912(a), 27 N.J.R. 1265(a).
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