SENATE, No. 528
STATE OF NEW JERSEY
INTRODUCED JANUARY 29, 1996
By Senator BASSANO
An Act concerning construction permits and amending P.L.1975, c.232.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1975, c.232 (C.13:1D-29) is amended to read as follows:
1. For the purposes of this act, unless the context clearly requires a different meaning, the following terms shall have the following meanings:
a. "Commissioner" means the [State] Commissioner of Environmental Protection.
b. "Construction permit" means and shall include:
(1) Approval of plans for the development of any waterfront upon any tidal waterway pursuant to R.S.12:5-3 [.] ;
(2) A permit for a regulated activity pursuant to "The Wetlands Act of 1970," P.L.1970, c.272 (C.13:9A-1 et seq.) [.] ;
(3) A permit issued pursuant to the "Coastal Area Facility Review Act," P.L.1973, c.185 (C.13:19-1 et seq.) ;
(4) Approval of a structure or alteration within the area which would be inundated by the 100 year design flood of any nondelineated stream or of a change in land use within any delineated floodway or any State administered and delineated flood fringe area, all pursuant to the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.) as amended and supplemented [.] ;
(5) Approval of plans and specifications for the construction changes, improvements, extensions or alterations to any sewer system pursuant to R.S.58:11-10 [.] ;
(6) Certification of water supply and sewerage facilities for 50 or more realty improvements pursuant to the "The Realty Improvement Sewerage and Facilities Act (1954)," P.L.1954, c.199 (C.58:11-23 et seq.); and
(7) The following approvals connected with the discharge of pollutants issued pursuant to the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.):
(a) approval of a work plan for the execution of a water quality study;
(b) approval of a water quality study;
(c) approval and issuance of a draft New Jersey Pollution Discharge Elimination System (NJPDES) Permit or a draft Discharge Allocation Certificate (DAC);
(d) approval and issuance of a final NJPDES permit or final DAC following the close of public hearings and close of comment period; and
(e) issuance of a final NJPDES permit, following the approval and issuance of a final DAC.
"Construction permit" shall not, however, include any approval of or permit for an electric generating facility or for a petroleum processing or storage facility, including a liquefied natural gas facility, with a storage capacity of over 50,000 barrels.
c. "Department" means the Department of Environmental Protection.
(cf: P.L.1979, c.359, s.8)
2. Section 3 of P.L.1975, c.232 (C.13:1D-31) is amended to read as follows:
3. The department shall approve, condition or disapprove an application for a construction permit within 90 days following the date that the application is complete, except that this time period may be extended for a 30-day period by the mutual consent of the applicant and the department, provided that the department request the applicant for such an extension at least 15 days prior to the expiration date for the approval, conditioning or disapproval of such an application. For those construction permits issued pursuant to P.L.1977, c.74 (C.58:10A-1 et seq.) for approval of a work plan for the execution of a water quality study, or for issuance of a final NJPDES permit, following the approval and issuance of a final DAC, the department shall take action on a request for approval of a work plan and request for issuance of a final NJPDES permit, following the approval and issuance of a final DAC for the permit, within 30 days following its submittal.
(cf: P.L.1975, c.232, s.3)
3. Section 4 of P.L.1975, c.232 (C.13:1D-32) is amended to read as follows:
4. In the event that the department fails to take action on an application for a construction permit within the 90-day or other time period specified herein, then the application shall be deemed to have been approved; provided, however, that the time periods specified in P.L.1973, c.185 (C.13:19-1 et seq.) shall apply to applications for construction permits pursuant to the "Coastal Area Facility Review Act," P.L.1973, c.185 (C.13:19-1 et seq.) , and provided that the time period specified in section 3 of P.L.1975, c.232 (C.13:1D-31) shall apply to requests for approval of a work plan under the NJPDES program and to requests for issuance of a final NJPDES permit, following the approval and issuance of a final DAC .
(cf: P.L.1993, c.190, s.22)
4. This act shall take effect immediately.
STATEMENT
This bill would require the Department of Environmental Protection to take action within 90 days of the application being complete on construction permits for certifications of water supply and sewerage facilities of 50 or more realty improvements required pursuant to the "The Realty Improvement Sewerage and Facilities Act (1954)," P.L.1954, c.199 (C.58:11-23 et seq.), and within 30 days for certain other components of construction permit approvals connected with the discharge of pollutants issued pursuant to the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.).
Specifically, the department would be required to approve the work plan for the execution of a water quality study within 30 days of the application being complete and issue a final NJPDES permit within 30 days of the final approval and issuance of the final Discharge Allocation Certificate (DAC) for those approvals connected with the discharge of pollutants. The other elements of the approvals, the approval of a water quality study, approval and issuance of the draft DAC and the approval and issuance of a final DAC, each would have 90 day time periods for DEP approval.
Currently, the department takes up to 2.3 years to issue and review NJPDES discharge to surface water permits. This bill would assure timely decisions on NJPDES realty improvement certifications and departmental action within 330 days, or 11 months, on NJPDES permits issued pursuant to the discharge of pollutant requirements under the Water Pollution Control Act.
Requires DEP to approve certain construction permit work plans and NJPDES permits within certain specified time frames.