Within 30 days after a notice of an application for an HPAA is published in the
DEP Bulletin, interested persons may request in writing that the Department
hold a public hearing on the application. Requests shall state the nature of
the issues proposed to be raised at the hearing.
The Department may issue or deny an HPAA
without a public hearing. However, the Department is more likely to hold a
public hearing if:
1. There is a significant
degree of public interest in the application, as manifested by written requests
for a hearing within the 30-day hearing request period set forth in (a) above.
In considering the degree of public interest, the Department will consider
whether the issues raised in the hearing requests are relevant to the
application involves a waiver of a requirement for an HPAA;
3. A public hearing is requested by the U.S.
Environmental Protection Agency; or
4. The Department determines that the public
interest would be served by holding a hearing.
If a hearing is to take place, the
Department shall, within 30 days after the end of the 30-day hearing request
period set forth in (a) above:
1. Set a date
and time for the public hearing;
Choose a location for the hearing;
3. Notify the applicant; and
4. Publish a notice announcing the date,
place, and time of the public hearing in the DEP Bulletin.
(d) A public hearing held under this section
shall be a non-adversarial proceeding, conducted solely to provide information
to the public and the Department regarding the application under
The applicant shall
give public notice of the public hearing by doing the following, at least 30
days before the hearing:
completed public hearing notice form, obtained from the Department at the
address in 7:38-1.2
or the Land Use Regulation
Program website at www.nj.gov/dep/landuse
, to the
i. All persons to whom a complete
application must be sent under N.J.A.C. 7:38-9;
ii. All persons to whom a notice of an
application must be sent under N.J.A.C. 7:38-9; and
iii. All persons who submitted comments on
the application during the hearing request period set forth in (a) above;
2. Publishing a
display advertisement of a least four inches containing the completed hearing
notice form, in accordance with (f) below.
The applicant shall submit a
certification or affidavit of publication from the newspaper in which the
advertisement appeared as proof that public notice of the hearing has been
provided in accordance with this section. This proof of publication shall be
submitted to the Department at least three days prior to the public hearing. If
proof of publication cannot be obtained three days prior to the hearing, the
applicant shall submit to the Department prior to commencement of the public
hearing a notarized affidavit stating that the copy of the notice attached to
the affidavit is a true copy of the notice as it appeared on the specific dates
identified in the affidavit in the specific newspaper identified by name in the
affidavit. Once the notice of hearing is published pursuant to (a)1 above, the
applicant shall not make any changes to its application, which would be
considered a major modification pursuant to
(g) The applicant shall pay for a court
reporter to record the proceedings at the public hearing and shall provide the
Department with a verbatim transcript free of charge.
The Department shall maintain a copy of
the verbatim transcript of the hearing and all written comments received. The
transcript and written comments shall be made part of the official record on
the application and shall be available for public inspection in the
Department's Trenton Office. See
(i) The presiding official at the
non-adversarial public hearing shall have broad discretion with respect to oral
and written presentations by interested persons. This discretion shall be
exercised to allow every person the opportunity to speak, to reasonably limit
the length of individual testimony, and to ensure the maintenance of an orderly
forum. At the conclusion of statements by interested persons, the applicant
shall be afforded the opportunity to speak on the statements offered by
interested person may submit information and comments concerning the
application. The information and/or comments must be submitted in writing
within 15 days after the hearing.
N.J. Admin. Code §
Recodified from N.J.A.C.
7:38-11.4 and amended by R.2006 d.420, effective 12/4/2006.
See: 37 N.J.R. 4767(a),
38 N.J.R. 5011(a).
In (a), substituted "an HPAA" for "a Highlands
Preservation Area Approval".
Former N.J.A.C. 7:38-11.5, Procedures
for review of an HPAA with waiver, recodified to N.J.A.C.