New Jersey § 58:10a-7

§ 58:10a-7.

a. All permits issued under this act shall be for fixed terms not to exceed five years. Any permittee who wishes to continue discharging after the expiration date of his

permit must file for a new permit at least 180 days prior to that date. b. (1) The commissioner may modify, suspend, or revoke a permit in whole or in part

during its term for cause, including but not limited to the following: (a) Violation of any term or condition of the permit; (b) Obtaining a permit by misrepresentation or failure to disclose fully all relevant

facts. (2) If a toxic effluent limitation or prohibition, including any schedule of compliance

specified in such effluent limitation or prohibition, is established under section

307(a) of the Federal Act 1 for a toxic pollutant which is more stringent than any limitations upon such pollutant

in an existing permit, the commissioner shall revise or modify the permit in accordance

with the toxic effluent limitation or prohibition and so notify the permittee. (3) The department shall include in a permit for a delegated local agency effluent

limits for all pollutants listed under the United States Environmental Protection

Agency's Categorical Pretreatment Standards, adopted pursuant to 33 U.S.C. s.1317 , and such other pollutants for which effluent limits have been established for a

permittee discharging into the municipal treatment works of the delegated local agency,

except those categorical or other pollutants that the delegated local agency demonstrates

to the department are not discharged above detectable levels by the municipal treatment

works. The department, by permit, may authorize the use by a delegated local agency of

surrogate parameters for categorical and other pollutants discharged from a municipal

treatment works, except that if a surrogate parameter is exceeded, the department

shall require effluent limits for each categorical or other pollutant for which the

surrogate parameter was used, for such period of time as may be determined by the

department. c. Notice of every proposed suspension, revocation or renewal, or substantial modification

of a permit and opportunity for public hearing thereupon, shall be afforded in the

same manner as with respect to original permit applications as provided for in this

act. In any event notice of all modifications to a discharge permit shall be published

in the DEP Bulletin. d. A determination to grant, deny, modify, suspend, or revoke a permit shall constitute

a contested case under the “Administrative Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ). The permittee, or any other person considered a party to the action pursuant to

subsection e. of this section, shall have the opportunity to contest the determination

in an administrative hearing. e. A person, other than the permittee, seeking to be considered a party to the action

shall submit a request to be so considered to the commissioner within 30 days of the

publication of the notice of the decision to grant, deny, modify, suspend, or revoke

a permit. The administrative law judge upon referral, or the commissioner, if the commissioner

decides to make the determination, shall find whether a person other than the permittee

is a party to the action within 30 days of the submission of the request or the referral

to the administrative law judge. A person shall be deemed a party to the action only if: (1) the person's objections to the action to grant, deny, modify, suspend, or revoke

a permit were raised by that person in the hearing held pursuant to section 9 of P.L.1977,

c. 74 ( C.58:10A-9 ), or, if no hearing was held, the objections were raised in a written submission; (2) the person demonstrates the existence of a significant issue of law or fact; (3) the person shows that the significant issue of law or fact is likely to affect

the permit determination; (4) the person can show an interest, including an environmental, aesthetic, or recreational

interest, which is or may be affected by the permit decision and that the interest

fairly can be traced to the challenged action and is likely to be redressed by a decision

favorable to that person. An organization may contest a permit decision on behalf of one or more of its members

if (a) the organization's member or members could otherwise be a party to the action

in their own right; and (b) the interests the organization seeks to protect are germane

to the organization's purpose; and (5) the person submits the following information with the request to be considered

a party to the action: (a) a statement of each legal or factual question alleged to be at issue and its relevance

to the permit decision, together with a designation of the specific factual areas

to be adjudicated and the hearing time estimated to be necessary for adjudication; (b) information supporting the request which shall be submitted pursuant to adopted

rules; (c) the name, mailing address, and telephone number of the person making the request; (d) a clear and concise factual statement of the nature and scope of the interest

of the requester; (e) the names and addresses of all affected persons whom the requester represents; (f) a statement by the requester that, upon motion of any party granted by the hearing

officer, or upon order of the hearing officer sua sponte, the requester shall make

available to appear and testify at the administrative hearing, if granted, the following:

the requester; all affected persons represented by the requester; and all officers,

directors, employees, consultants, and agents of the requester; (g) specific references to the contested permit conditions, as well as suggested revised

or alternative permit conditions, including permit denials, which, in the judgment

of the requester, would be required to implement the purposes of P.L.1977, c. 74;

and (h) in the case of application of control or treatment technologies identified in

the statement of basis or fact sheet, identification of the basis for the objection,

and the alternative technologies or combination of technologies which the requester

believes are necessary to meet the requirements of P.L.1977, c. 74. Whenever a person's request to be considered to be a party to the action is granted,

the commissioner or the administrative law judge, as appropriate, shall identify the

permit conditions which have been contested by the requester and for which an administrative

hearing will be granted. Permit conditions which are not so contested shall not be affected by, or considered

at, the administrative hearing. All requests by persons seeking to be considered a party to the action for a particular

permit shall be combined in a single administrative hearing. f. A permittee may contest the determination to grant, deny, modify, suspend, or revoke

a permit in an administrative hearing pursuant to subsection d. of this section only

upon the placement, in escrow, of money in an amount equal to the permit fee. 1

33 U.S.C.A. § 1317.