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 A change in the location of the wastewater discharge of the water withdrawn pursuant to the permit, if the change in location of the wastewater discharge reduces the safe or dependable yield of the water resource or affects downstream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

N.J. Admin. Code § 7:19-1.5

New Rule, R.1995 d.162, effective 3/20/1995.
See: 26 N.J.R. 4912(a), 27 N.J.R. 1265(a).