New Jersey § 58:10a-6

§ 58:10a-6.

a. Every schedule of compliance shall require the permittee to demonstrate to the

commissioner the financial assurance, including the posting of a bond or other security

approved by the commissioner, necessary to carry out the remedial measures required

by the schedule of compliance; except that a local agency shall not be required to

post financial security as a condition of a schedule of compliance. b. The department or a delegated local agency shall afford an opportunity to the public

to comment on a proposed administrative consent order prior to final adoption if the

administrative consent order would establish interim enforcement limits that would

relax effluent limitations established in a permit or a prior administrative order. The department or a delegated local agency shall provide public notice of the proposed

administrative consent order, and announce the length of the comment period, which

shall be not less than 30 days, commencing from the date of publication of the notice. A notice shall also include a summary statement describing the nature of the violation

necessitating the administrative consent order and its terms or conditions; shall

specify how additional information on the administrative consent order may be obtained;

and shall identify to whom written comments are to be submitted. At least three days prior to publication of the notice, a written notice, containing

the same information to be provided in the published notice, shall be mailed to the

mayor or chief executive officer and governing body of the municipality and county

in which the violation occurred, and to any other interested persons, including any

other governmental agencies. The department or delegated local agency shall consider the written comments received

during the comment period prior to final adoption of the administrative consent order. Not later than the date that final action is taken on the proposed order, the department

or delegated agency shall notify each person or group having submitted written comments

of the main provisions of the approved administrative consent order and respond to

the comments received therefrom. c. The commissioner or delegated local agency, on his or its own initiative or at

the request of any person submitting written comments pursuant to subsection b. of

this section, may hold a public hearing on a proposed administrative order or administrative

consent order, prior to final adoption if the order would establish interim enforcement

limits that would relax for more than 24 months effluent limitations established in

a permit or a prior administrative order or administrative consent order. Public notice for the public hearing to be held pursuant to this subsection shall

be published not more than 30 and not less than 15 days prior to the holding of the

hearing. The hearing shall be held in the municipality in which the violation, necessitating

the order, occurred. The department may recover all reasonable costs directly incurred in scheduling

and holding the public hearing from the person requesting or requiring the interim

enforcement limits.