Current through Register Vol. 54, No. 7, April 4, 2022
, within the
preservation area, designated sewer service areas for which wastewater
collection systems have not been installed as of August 10, 2004, were revoked
effective August 10, 2004, and any associated treatment works approvals in the
impacted areas expired on August 10, 2004 except for sewer service areas and
any associated treatment works approvals necessary to serve:
Development that is exempt from the
Highlands Act pursuant to
2. Major Highlands development that is
approved in accordance with an HPAA with a waiver in accordance with N.J.A.C.
provided in (d) below, any application for an individual NJPDES permit, request
for authorization under a general NJPDES permit, or application for treatment
works approval under N.J.A.C. 7:14A for an activity in the preservation area
shall be submitted to the Division of Water Quality at the address in
the Department determines the proposed activity for which the application is
submitted constitutes major Highlands development, the activity will require a
Highlands Applicability Determination that the activity is exempt from the
Highlands Act and consistent with the WQMP, exempt from the Highlands Act and
not addressed under a WQMP, or has received an HPAA prior to the application
being declared administratively complete for review under N.J.A.C.
For a major Highlands
development not exempt from this chapter, the permits, authorizations,
approvals and certifications listed below shall not be approved unless an HPAA
is first obtained in accordance with N.J.A.C. 7:38-6. For applications and
forms, please contact the Division of Water Quality at the address in
1. An individual NJPDES permit or an
authorization under a general NJPDES permit;
2. A treatment works approval issued under
N.J.A.C. 7:14A or 7:9A for building, installing, modifying, or operating any
treatment works; and
certification issued pursuant to
58:11-25.1 (for 50 or more realty
improvements) for any sewerage facility.
A request for authorization (RFA) under
NJPDES Permit No. NJ0088323 (category 5G3 "construction activity" stormwater
general permit) shall be submitted to the Department. Notwithstanding
, requests for authorization shall not be
considered complete for review under N.J.A.C. 7:14A unless accompanied by a
HPAA or a Highlands Applicability Determination that the proposed activity is
exempt from the Highlands Act and consistent with a WQMP, or exempt from the
Highlands Act and not addressed by a WQMP.
N.J. Admin. Code §
Amended by R.2006 d.420,
See: 37 N.J.R. 4767(a), 38 N.J.R.
Section was "Applicability for purposes of wastewater
discharges and treatment systems". In (a)2, substituted "an HPAA with a waiver
in accordance with N.J.A.C. 7:38-6" for "N.J.A.C. 7:38-6.4"; in (b), inserted
'NJPDES" twice"; in the introductory paragraph of (c), substituted "a major
Highlands development" for "an activity"; and in (d), inserted "(RFA)",
substituted "RFA forms" for "applications" and "Notwithstanding N.J.A.C.
7:38-2.4(b) and (c), requests" for "Except as provided at N.J.A.C. 7:38-2.4(b),
See: 41 N.J.R.