N.J. Admin. Code § 7:7A-19.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:7A-19.2 - Completeness review

(a) Except for the applications identified at (a)1, 2, and 3 below, the completeness review process for all applications for a letter of interpretation, applications for authorization under a general permit, applications for a transition area waiver, applications for an individual permit, and applications for a water quality certificate, is set forth at (b) through (g) below.

1. For an application for authorization under general permit 1 for ongoing maintenance of an off-stream stormwater management facility created in uplands, including a wetland constructed in uplands for stormwater management purposes under N.J.A.C. 7:7A-7.1, the completeness review process is set forth at N.J.A.C. 7:7A-19.3;

2. For an application for authorization under general permit 24 for repair of a malfunctioning individual subsurface sewage disposal system under N.J.A.C. 7:7A-7.24, the completeness review process is set forth at N.J.A.C. 7:7A-19.3; and

3. For an application for an authorization under general permit 25 for minor channel or stream cleaning for local government agencies at N.J.A.C. 7:7A-7.25, the completeness review process is set forth at N.J.A.C. 7:7A-19.4.

(b) Within 20 working days after receiving an application, where day one of the 20-working-day period is the date the application is received, the Department shall take one of the following actions:

1. Determine the application is both administratively and technically complete, issue notification to the applicant in writing that the application is complete for review, effective as of the date the Department received the application, and transmit a copy of the application to other agencies if required under this chapter. For example, an application for an individual permit for a major discharge must be transmitted to the USEPA for comment under N.J.A.C. 7:7A-19.5;

2. Determine the application is administratively complete but technically incomplete and issue notification to the applicant in writing that the application is technically incomplete. This notification shall specify the additional information required and the deadline by which the information must be submitted; or

3. Determine the application is administratively incomplete and issue notification to the applicant in writing that the application is administratively incomplete. This notification shall specify the additional information required and the deadline by which the information must be submitted.

(c) Within 15 calendar days after receiving the additional information submitted pursuant to (b)3 above for an administratively incomplete application, the Department shall take one of the following actions:

1. Determine that the application is both administratively and technically complete and issue notification to the applicant in writing that the application is complete for review, effective as of the date the Department received the additional information, and transmit a copy of the application to other agencies if required under this chapter;

2. Determine that the application is administratively complete but technically incomplete and issue notification to the applicant in writing that the application is technically incomplete. This notification shall specify the additional information required and the deadline by which the information must be submitted; or

3. Determine that the additional information is not sufficient and issue notification to the applicant in writing that the application remains administratively incomplete. The notification shall specify the additional information required and the deadline by which the additional information must be submitted.

(d) Within 15 calendar days after receiving the additional information submitted pursuant to (b)2 or (c)2 above for a technically incomplete application, the Department shall take one of the following actions:

1. Determine the application is technically complete and issue notification to the applicant in writing that the application is complete for review, effective as of the date the Department received the additional information, and transmit a copy of the application to other agencies if required under this chapter; or

2. Determine the additional information is not sufficient and issue notification to the applicant in writing that the application remains technically incomplete. The notification shall specify the additional information required and the deadline by which the additional information must be submitted. If the applicant submits all of the information requested pursuant to this notification, the Department shall declare the application complete for review, effective as of the date the Department received the additional information.

(e) The applicant shall send the additional information submitted to the Department pursuant to (b)2 or 3, (c)2 or 3, or (d)2 above to the municipal clerk of each municipality in which the project is located and shall provide notice explaining that additional information has been submitted to the Department to any person listed at N.J.A.C. 7:7A-17.3 whom the Department determines would likely be affected by the additional information. The applicant shall provide documentation in accordance with N.J.A.C. 7:7A-17.5 that the additional information and notice were provided.

(f) An applicant shall submit all additional information pursuant to (b)2 or 3, (c)2 or 3, or (d)2 above within 90 calendar days after the date of the Department request, unless the Department specifies a different deadline in the request. If the applicant does not submit the additional information by the deadline, the Department shall, in accordance with N.J.A.C. 7:7A-19.8, cancel the application or, if the applicant demonstrates good cause for the delay in providing the requested information, extend the time to submit the information.

(g) If the Department does not take one of the actions in (b) above within 20 working days after receiving an application, the application shall be declared complete for review, effective as of the date the application was received by the Department.

(h) If the Department does not take one of the actions at (c) or (d) above within 15 calendar days after receiving additional information submitted for an administratively or technically incomplete application, the application shall be declared complete for review, effective as of the date the additional information was received by the Department.

N.J. Admin. Code § 7:7A-19.2

Recodify from 7:7A-12.1 by 49 N.J.R. 3849(a), effective 12/18/2017

Amended by 53 N.J.R. 514(b), effective 4/5/2021