Vol. 3 No. 1 June 1995
A Newsletter About New Jersey's Water Quality Programs

The department recently published a rule proposal in the New Jersey Register to readopt the 90 Day Construction Permit Rules with amendments. Following the close of the public comment period on April 19, the DEP expects to adopt the new rules by June 15, 1995.

The 90-Day Construction Permit Rules have been in effect since 1975. They implement the 90-Day Construction Permit Law which was enacted to secure timely permit decisions from the DEP and to ensure adequate public notice of those decisions. The readoption of these rules enables the DEP to continue using unified procedures and time frames in reviewing and issuing CAFRA, Coastal Wetlands, Waterfront Development, Stream Encroachment, and Treatment Works Approvals (TWA) permits. The Land Use Regulation Program administers the first four programs and the Division of Water Quality administers the TWA program.

The 90 Day Law provides for automatic approval of a permit application if the DEP does not issue a decision within 90 days of the application being declared administratively complete for final review. During the period of July 1, 1994, to December 31, 1994, decisions on TWA applications were rendered in 67 days (average).

There are three provisions in the proposed amendments that apply to applicants for TWAs:

1. The proposal will delete the definition of "application," (currently defined as "application form CP-l and the appropriate agency supplement") and substitute a definition for "application form." For example, an applicant for a TWA would complete the TWA-1 form (see "New "trim" treatment works application form to replace CP-1 form" in this issue), rather than the CP-l.

   This change implements the DEP's finding that the CP-1 form has outlived its original intent and usefulness. When originally conceived, the CP-l was intended to serve as an all-encompassing form serving all permit programs. Over the years, however, the DEP was required to implement an ever increasing number of permit programs which could not be reasonably included on a universal form. Hence, each program began developing supplements to the CP-1 to include the permit-specific information needed. This reduced the CP-l form to essentially a title page containing the site/facility name and address. The DEP therefore proposes to integrate the general information gathered by the use of the CP-l form into program-specific application forms. This will consolidate information and reduce the paperwork needed from the regulated community.

2. The proposal amends the fee schedule for Treatment Works Approval (TWA) permits to increase the minimum fee currently charged for TWAs from $150 to $450. The current fee schedule was adopted in 1989, and the same minimum fee has been in effect since the early 1980s. The new minimum fee amount will more accurately reflect the present day costs of processing TWA permits.

3. The proposal contains a $50 annual subscription fee for the distribution of the DEP Bulletin. Currently, the department distributes the DEP Bulletin free of charge to all municipalities, counties, and interested persons. The department is proposing to continue the practice of providing one copy of the publication free of charge to each municipality, each county planning board, and each New Jersey public depository. However, interested persons will be charged an annual subscription fee to cover costs associated with printing and mailing.