N.J. Admin. Code § 7:14A-17.2

Current through Register Vol. 56, No. 16, August 19, 2024

Section 7:14A-17.2 - Request for an adjudicatory hearing

(a) A permittee or a person who seeks and qualifies to be considered a party to the action pursuant to 7:14A-17.3 may submit to the Department a written request, by certified mail, or by other means which provides verification of the date of delivery to the Department for an adjudicatory hearing to contest the Department's final decision to:

1. Issue a new permit, permit modification, permit revocation and reissuance, permit renewal, permit suspension, or permit revocation;

2. Deny an application for a new permit or a permit renewal; or

3. Deny a variance pursuant to 7:14A-11.8.

(b) In order to request an adjudicatory hearing, a permittee shall submit the request in accordance with the requirements in (e) below within 30 days following receipt of the Department's notification of a final permit decision under 7:14A-15.15(a). In addition, the permittee shall provide a copy of its request for an adjudicatory hearing to any other person named on the permit.

(c) In order to be considered a party to the action for purposes of requesting an adjudicatory hearing under this section, a person shall submit a request in accordance with the requirements in (f) below within 30 days following receipt of the Department's notification of final permit decision under 7:14A-15.15(a). In addition, such person shall forward a copy of the request to the permittee.

(d) The request for an adjudicatory hearing shall be submitted to the Department at the address listed below, and a copy of the request shall be submitted to the permit issuing office:

New Jersey Department of Environmental Protection

Office of Administrative Hearings and Dispute Resolution

ATTENTION: Adjudicatory Hearing Requests

401 E. State Street

Mail Code 401-07A

PO Box 420

Trenton, New Jersey 08625-0420

(e) A permittee shall request an adjudicatory hearing by completing a Department adjudicatory hearing request tracking form which shall contain the following information:

1. For the Office of Legal Affairs only, a copy of the permit clearly indicating the permit number and issuance date;

2. For the permitting office only, the facility name and permit number;

3. The date that the notification of the final permit decision was received by the permittee;

4. A list of the specific contested permit condition(s) and the legal or factual question(s) at issue for each condition, including the basis of any objection;

5. A statement as to whether the permittee raised the legal and/or factual issues during the public comment period in accordance with 7:14A-15.13;

6. The relevance of the legal and/or factual issues to the permit decision;

7. Suggested revised or alternative permit conditions and how they meet the requirements of the State or Federal Act;

8. A request, if necessary for a barrier-free hearing location for disabled persons;

9. An estimate of the amount of time required for the hearing;

10. The name, mailing address and telephone number of the person making the request(s);

11. The name(s) and address(es) of the person(s) whom the requester represents; and

12. Information supporting the request or other written documents relied upon to support the request, unless this information is already in the administrative record (in which case, such information shall be specifically referenced in the request).

(f) A person seeking consideration as a party to the action shall include the following information in such person's request for an adjudicatory hearing:

1. The facility name and permit number;

2. A statement setting forth:

i. Each legal or factual question alleged to be at issue;

ii. Whether the legal or factual issue was raised by that person during the public comment period in accordance with the provisions of 7:14A-15.13;

iii. The relevance of the legal or factual issue to the permit decision, together with a designation of the specific factual areas to be adjudicated; and

iv. An estimate of the amount of time required for the hearing;

3. The date that notification of the final permit decision was received by the person making the hearing request;

4. The name, mailing address, and telephone number of the person making the request;

5. A clear and concise factual statement of the nature and scope of the interest of the requester which meets the criteria set forth at 7:14A-17.3(c)4;

6. The names and addresses of all persons whom the person making the hearing request represents;

7. A request, if necessary, for a barrier-free hearing location for disabled persons;

8. A statement by the person making the hearing request that, upon motion by any party granted by the administrative law judge, or upon order of the administrative law judge's initiative, such person shall make available to appear and testify at the administrative hearing, if granted, the following persons:

i. The person making the hearing request;

ii. All persons represented by the person making the hearing request; and

iii. All officers, directors, employees, consultants, and agents of the person making the hearing request;

9. Specific references to the contested permit conditions, as well as suggested revised or alternative permit conditions, including permit denials, which, in the judgment of the person making the hearing request, would be required to implement the purposes of the State Act;

10. Identification of the basis for any objection to the application of control or treatment technologies, if identified in the basis or fact sheets, and the alternative technologies or combination of technologies which, in the judgment of the person making the hearing request are necessary to satisfy the requirements of the State Act; and

11. A completed Department adjudicatory hearing request tracking form.

(g) The Department, in its discretion, may extend the time allowed for submission of an adjudicatory request under this section for good cause.

N.J. Admin. Code § 7:14A-17.2

Administrative Change, 55 N.J.R. 528(a), effective 2/23/2023