New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9C - GROUND WATER QUALITY STANDARDS › Subchapter 1 - GROUND WATER QUALITY STANDARDS › Section 7:9C-1.8 - Antidegradation policy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall protect existing ground water quality that is better than criteria from
				significant degradation. The Department shall not approve any further
				degradation of ground water quality where background water quality contravenes
				the criteria.
(b) The
				antidegradation policy at (a) above shall be implemented as follows:
1. The Department shall not approve a new or
				expanded discharge to Class I ground water if the discharge would result in the
				degradation of natural quality of the ground water, unless the discharge is to
				Class I-PL ground water and the project or activity associated with the
				discharge is in conformance with N.J.A.C. 7:50-6.
2. The Department shall not approve a new or
				expanded discharge to ground water in the Highlands preservation area unless
				the project or activity associated with the discharge conforms with the
				Highlands Water Protection and Planning Act Rules, N.J.A.C. 7:38. "Highlands
				preservation area" means that portion of the Highlands region so designated by
				N.J.S.A. 13:20-7b.
3. Excluding
				those in the Highlands preservation area subject to (b)2 above, the Department
				shall not approve a discharge from a new or expanded domestic treatment works
				to Class II or Class III ground water that requires a water quality management
				plan amendment pursuant to N.J.A.C. 7:15 unless the Department determines,
				through the plan amendment process, that existing ground water quality will be
				maintained. A nitrate concentration of two mg/L, which is representative of the
				average existing ground water quality Statewide, shall be used in determining
				that existing ground water quality is maintained on a HUC 11 basis.
4. Excluding those in the Highlands
				preservation area subject to (b)2 above, the Department shall not approve a
				discharge from a new or expanded domestic treatment works to Class II or Class
				III ground water that requires a NJPDES discharge to ground water permit
				pursuant to N.J.A.C. 7:14A unless the Department determines, through the NJPDES
				permit process, that the total nitrate load to the property served by the
				treatment works, when expressed as a concentration, shall not exceed six mg/L
				nitrate. The nitrate concentration of six mg/L nitrate represents half of the
				sum of two mg/L nitrate, which is representative of the average existing ground
				water quality Statewide, and the ground water quality criterion for nitrate of
				10 mg/L (that is, 10,000 [mu]g/L) set forth in Appendix Table 1.
5. Excluding those in the Highlands
				preservation area subject to (b)2 above, the Department shall not approve a
				discharge from a new or expanded industrial treatment works to Class II or
				Class III ground water that requires a NJPDES industrial discharge to ground
				water permit pursuant to N.J.A.C. 7:14A unless the Department determines,
				through the NJPDES permit process, that the total load of each constituent
				discharged to the property served by the treatment works, when expressed as a
				concentration, shall not exceed half of the sum of background water quality for
				that constituent and the applicable ground water quality criterion, where
				background water quality does not exceed such criterion.