N.J. Admin. Code § 7:26E-5 app B

Current through Register Vol. 54, No. 7, April 4, 2022

MODEL PUBLIC NOTICE FOR A DISCHARGE TO GROUND WATER PROPOSAL

The model public notice in this appendix contains blanks and matter in brackets []. These blanks shall be replaced with the appropriate information prior to publication in appropriate local newspapers. As provided at 7:26E-5.6(c), the wording of this model public notice shall not be otherwise changed or modified.

Public Notice

Take notice that, as part of the remediation of [Site Name] at [street address], Block: _______ Lots: _______, in [Municipality], [_______] County, a proposal has been submitted to the New Jersey Department of Environmental Protection (Department) to discharge to ground water in accordance with a permit issued pursuant to the provisions of the New Jersey Water Pollution Control Act, 58:10A-1 et seq., its implementing regulations the New Jersey Pollutant Discharge Elimination System, N.J.A.C. 7:14A; the Ground Water Quality Standards, N.J.A.C. 7:9C; and the Technical Requirements for Site Remediation, N.J.A.C. 7:26E. The Department's Site Remediation Program is reviewing the proposal to discharge to ground water for the purpose of remediating a contaminated site with the program interest # [_______].

Brief description of the proposed discharge: [Include a description of the site including the remedial action, type of discharge (e.g., treated ground water or in situ bioremediation), discharge unit (e.g., injection well, overland flow, lagoon, etc.) and treatment proposed and the name and description of the formation receiving the discharge]. A copy of this public notice has been sent to the Municipal Clerk and designated local health official for [Municipality, County or region].

A copy of the discharge to ground water proposal is available from the person responsible for conducting the remediation [include the name and address of the person conducting the remediation], or as part of the administrative record which is on file at the offices of the Department, Site Remediation Program, located at 401 East State Street, Trenton, Mercer County, New Jersey [or add alternate location]. The file may be reviewed under the New Jersey Open Public Records Act ("OPRA"), 47:1A-1 et seq. Information regarding the OPRA procedures is available at http://www.state.nj.us/dep/opra/oprainfo.html.

Interested persons may submit written comments regarding the discharge to ground water proposal to the Department at the address listed below and to the owner or operator of the facility at [name and address of person/contact submitting discharge to ground water proposal]. All comments shall be submitted within 30 calendar days after the date of this public notice, or the end of any public hearing that the Department may schedule that occurs after that date. All persons who believe that the discharge to ground water proposal is inappropriate, must raise all reasonably ascertainable issues and submit in writing to the Department all reasonably available arguments and factual grounds supporting their position, including all supporting material, by the close of the public comment period. The Department will consider all public comments that relate to the discharge to ground water proposal, provided that the Department receives the comments by the close of the public comment period. After the close of the public comment period, the Department will render a decision regarding the proposed discharge to ground water. The Department will respond to all significant and timely comments with its decision regarding the discharge to ground water proposal. Each person who has submitted written comments will receive notice of the Department's decision.

Any person may request in writing that the Department hold a non-adversarial public hearing on the discharge to ground water proposal. This request shall state the nature of the issues to be raised in the proposed hearing and shall be submitted within 30 calendar days of the date of this public notice to the address cited below. A public hearing will be conducted whenever the Department determines that there is a significant degree of public interest in the discharge to ground water decision. If a public hearing is held, the public comment period in this notice shall automatically be extended to the close of the public hearing.

Comments and written requests for a non-adversarial public hearing shall be sent to:

NJ Department of Environmental Protection

Site Remediation and Waste Management Program

Bureau of Case Assignment and Initial Notice

Mail Code 401-05H

401 East State Street, 5th Floor

P.O. Box 420

Trenton, NJ 08625-0420

ATTN: DGW proposal

Notes

N.J. Admin. Code § 7:26E-5 app B
Administrative Change, 51 N.J.R. 729(a).

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