New Jersey-2012-A1564-Introduced

An Act concerning discharge to surface water permits, and amending P.L.1977, c.74.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 9 of P.L.1977, c.74 (C.58:10A-9) is amended to read as follows:

9. a. Applications for permits shall be submitted within such times, on such forms, and with such signatures as may be prescribed by the commissioner and shall contain such information as [he] the commissioner may require. The commissioner shall, in accordance with a fee schedule adopted by regulation, establish and charge reasonable annual administrative fees, which fees shall be based upon, and shall not exceed, the estimated cost of processing, monitoring and administering the NJPDES permits.

Fees for NJPDES permits for discharge to surface water shall be based on the actual average annual permitted pollutant load during the prior year, using permittee discharge monitoring data. A consolidated NJPDES permit for both storm water and discharge to surface water shall be assessed the annual fee for discharge to surface water only.

[Said fees] Fees collected pursuant to this section shall be deposited to the credit of the State and be deemed as part of the General State Fund. The Legislature shall annually appropriate an amount equivalent to the amount anticipated to be collected as fees charged under this section in support of NJPDES program.

b. The commissioner shall give public notice of every complete application for a permit in a manner designed to inform interested and potentially interested persons, affected states and appropriate governmental agencies of [his] the commissioner's proposed determination to issue or deny a permit. The notice shall announce a period of at least 30 days during which the interested persons may request additional facts, submit written views, and request a public hearing on the proposed discharge or determination. All written comments so submitted shall be retained and considered by the commissioner in formulating [his] the commissioner's final determination with respect to the permit application. The commissioner may give combined notice of two or more permit applications and proposed determinations provided that the requirements of this section are observed for each application.

c. All permit applications, documented information concerning actual and proposed discharges, comments received from the public, and draft and issued permits shall be made available to the public
for inspection and for duplication. At [his] the commissioner's discretion, the commissioner may also make available any other records, reports, plans or information pertaining to permit applicants or permittees, but [he] the commissioner shall protect from disclosure any information, other than effluent data, upon a showing by any person that such information, if made public, would divulge methods or processes entitled to protection as trade secrets of such person. The commissioner may prescribe reasonable fees to reimburse the department for duplication expenses under this section.

d. The commissioner shall hold a public hearing on a permit application before a final determination, if a significant showing of interest on the part of the public appears in favor of holding such a hearing. At [his] the commissioner's discretion, the commissioner may also hold such a hearing on [his] the commissioner's own motion or if requested to so do by any other interested person. Public notices of every public hearing under this subsection, including a concise statement of the issues to be considered therein, shall be given at least 30 days in advance, and shall be circulated at least as widely as was the notice of the permit application. The commissioner may hold a single hearing on two or more applications. To the extent feasible, [he] the commissioner shall afford all persons or representatives of all points of view an opportunity to appear, but may so allocate hearing time as to exclude repetitious, redundant, or irrelevant matter. All testimony and documentary material submitted at the hearing shall be considered by the commissioner in formulating [his] the commissioner's final determination.

e. The commissioner may appoint and employ such persons as [he] the commissioner deems necessary to enforce and administer the provisions of this act, and determine their qualifications, term of office, duties and compensation, all without regard to the provisions of Title [11] 11A , Civil Service, of the [Revised] New Jersey Statutes.

(cf: P.L.1977, c.74, s.9)

2. This act shall take effect immediately.

STATEMENT

This bill would amend current law to provide consistent and equitable calculation of fees for New Jersey Pollutant Discharge Elimination System (NJPDES) discharge to surface water permits, and to encourage pollution prevention. Permittees that emit the least pollutants (negative net discharge) currently subsidize the fees paid by permittees that emit higher levels of pollutants through the assessment of a higher than actual pollutant load. The bill would provide that these permit fees for all permittees will be based on the actual average annual permitted pollutant load during the prior year, using permittee discharge monitoring data. The bill would also provide that a consolidated permit for both storm water and discharge to surface water would be assessed the annual fee for discharge to surface water only, to more accurately reflect the cost of administrative services rendered. The bill changes the allocation of fees, but not the total amount of fees collected.

The Department of Environmental Protection is responsible for administering the NJPDES program that regulates the discharge of pollutants to the surface and ground waters of the State.