reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 3 - REGIONAL STORMWATER MANAGEMENT PLANNING › Section 7:8-3.10 - Implementation of adopted regional stormwater management plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Once the regional stormwater management plan has been adopted pursuant to
				N.J.A.C.
				7:8-3.9, implementation responsibilities are
				as follows:
1. The Department will use the
				adopted regional stormwater management plan as the basis for reviewing the
				stormwater management aspects of projects or activities regulated pursuant to
				the Coastal Zone Management Rules, N.J.A.C. 7:7; the Freshwater Wetland
				Protection Act Rules, N.J.A.C. 7:7A; the Flood Hazard Area Control Act Rules,
				N.J.A.C. 7:13; the New Jersey Pollutant Discharge Elimination System rules,
				N.J.A.C. 7:14A; and the Dam Safety Standards, N.J.A.C. 7:20. The requirements
				of this chapter are considered to be the minimum stormwater standards.
				Additional requirements may be imposed as necessary under the respective
				programs.
2. Each municipality in
				the regional stormwater management planning area shall incorporate the
				applicable provisions of the regional stormwater management plan into a new or
				amended municipal stormwater management plan and ordinances.
3. In accordance with the Residential Site
				Improvement Standards at N.J.A.C. 5:21-7, if a stormwater management plan for
				the region has been approved by the Department, stormwater management systems
				must conform with that plan.
4. The
				Department shall not issue a permit for a project or activity that conflicts
				with an Areawide Water Quality Management Plan pursuant to
				N.J.A.C.
				7:15-3.2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 4 - MUNICIPAL STORMWATER MANAGEMENT PLANNING › Section 7:8-4.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter describes stormwater management planning and
				  implementation at the municipal level, including plan elements, county review
				  and technical assistance, the schedule for adoption of the plan and ordinances,
				  and variance or exemption from design and performance standards for stormwater
				  management measures.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 4 - MUNICIPAL STORMWATER MANAGEMENT PLANNING › Section 7:8-4.3 - Schedule for adoption of municipal stormwater management plan and ordinances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A municipality
				shall adopt a municipal stormwater management plan as an integral part of its
				master plan and official map in accordance with the schedule in (a)1 or 2
				below, whichever is sooner. The requirements in
				7:8-4.2(c)8  and 9
				are not operative until February 2, 2006.
1.
				By the deadline established in a New Jersey Pollutant Discharge Elimination
				System permit obtained by the municipality for a municipal separate storm sewer
				system under N.J.A.C. 7:14A; or
2.
				By the next reexamination of the master plan under
				40:55D-89, if a grant for 90
				percent of the costs for the preparation of the municipal stormwater management
				plan has been made available to a municipality by the Department;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 4 - MUNICIPAL STORMWATER MANAGEMENT PLANNING › Section 7:8-4.4 - County review process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A municipality
				shall submit a copy of the adopted stormwater management plan and stormwater
				control ordinance(s) to the county review agency and the Department.
(b) In reviewing the adopted municipal
				stormwater management plan and ordinance(s), the county review agency shall
				consider whether the plan and ordinance(s) conform with the requirements of
				this chapter.
(c) In accordance
				with 40:55D-97, it is the county review
				agency's responsibility to review and approve, conditionally approve
				(specifying the necessary amendments to the plan and ordinance(s)) or
				disapprove the adopted municipal stormwater management plan and ordinance(s)
				within 60 calendar days of receipt of the plan and ordinance(s). If the county
				review agency does not approve, conditionally approve, or disapprove the plan
				or ordinance(s) within 60 calendar days, the plan and ordinance(s) shall be
				deemed approved. The county review agency shall issue a written decision to the
				municipality, with a copy to the Department.
(d) A municipal stormwater management plan
				and ordinance(s) approved under (c) above shall take effect immediately. A
				municipal stormwater management plan and ordinance(s) conditionally approved
				under (c) above shall take effect upon adoption by the municipality of the
				amendments specified by the county review agency.
(e) Within 30 days of the effective date of
				the municipal stormwater management plan and ordinance(s) under (d) above, the
				municipality shall place the plan and ordinance(s) on its website and notify
				the Department, the Soil Conservation District and State Soil Conservation
				Committee, or:
1. Submit a copy of the
				approved municipal stormwater management plan and ordinance(s) to the
				Department; and
2. Provide notice
				of such approval to the Soil Conservation District and the State Soil
				Conservation Committee and, upon request, submit a copy of the approved plan
				and ordinance(s).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 4 - MUNICIPAL STORMWATER MANAGEMENT PLANNING › Section 7:8-4.5 - Reservation of rights

Current through Register Vol. 56, No. 14, July 15, 2024
The Department reserves the right to review stormwater
				  management plans and ordinances for compliance with this subchapter and make
				  recommendations to correct any deficiencies.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 4 - MUNICIPAL STORMWATER MANAGEMENT PLANNING › Section 7:8-4.6 - Variance or exemption from the design and performance standards for stormwater management measures

Current through Register Vol. 56, No. 14, July 15, 2024
A municipality may grant a variance or exemption from the
				  design and performance standards for stormwater management measures set forth
				  in its approved municipal stormwater management plan and stormwater control
				  ordinance(s), provided the municipal plan includes a mitigation plan in
				  accordance with
				  7:8-4.2(c)11  and
				  the municipality submits a written report to the county review agency and the
				  Department describing the variance or exemption and the required mitigation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 5 - DESIGN AND PERFORMANCE STANDARDS FOR STORMWATER MANAGEMENT MEASURES › Section 7:8-5.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				establishes design and performance standards for stormwater management measures
				for(a) major development intended to minimize the adverse impact of stormwater
				runoff on water quality and water quantity and loss of groundwater recharge in
				receiving water bodies.
(b) The
				standards specified in this subchapter do not apply to major development if
				alternative design and performance standards that are at least as protective as
				would be achieved through this subchapter when considered on a regional
				stormwater management area basis are applicable under a regional stormwater
				management plan adopted in accordance with this chapter or a water quality
				management plan adopted in accordance with N.J.A.C. 7:15.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 5 - DESIGN AND PERFORMANCE STANDARDS FOR STORMWATER MANAGEMENT MEASURES › Section 7:8-5.2 - Stormwater management measures for major development

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Stormwater
				management measures for major development shall be developed to meet the
				erosion control, groundwater recharge, stormwater runoff quantity, and
				stormwater runoff quality standards at
				7:8-5.4 and 5.5. To the maximum
				extent practicable, these standards shall be met by incorporating nonstructural
				stormwater management strategies at
				7:8-5.3 into the design. If these
				measures alone are not sufficient to meet these standards, structural
				stormwater management measures at
				7:8-5.7 necessary to meet these
				standards shall be incorporated into the design.
(b) The development shall incorporate a
				maintenance plan under
				7:8-5.8 for the stormwater
				management measures.
(c) Stormwater
				management measures shall avoid adverse impacts of concentrated flow on habitat
				for threatened and endangered species as documented in the Department's
				Landscape Project or Natural Heritage Database established under
				13:1B-15.1 47 through 15.150,
				particularly
Helonias bullata
(swamp pink) and/or
Clemmys muhlnebergi
(bog turtle).
(d) The following linear development projects
				are exempt from the groundwater recharge, stormwater runoff quantity, and
				stormwater runoff quality requirements at
				7:8-5.4 and 5.5:
1. The construction of an underground utility
				line provided that the disturbed areas are revegetated upon
				completion;
2. The construction of
				an aboveground utility line provided that the existing conditions are
				maintained to the maximum extent practicable; and
3. The construction of a public pedestrian
				access, such as a sidewalk or trail with a maximum width of 14 feet, provided
				that the access is made of permeable material.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 5 - DESIGN AND PERFORMANCE STANDARDS FOR STORMWATER MANAGEMENT MEASURES › Section 7:8-5.3 - Nonstructural stormwater management strategies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To the maximum
				extent practicable, the standards in
				7:8-5.4 and 5.5 shall be met by
				incorporating nonstructural stormwater management strategies at
				7:8-5.3 into the design. The person
				submitting an application for review shall identify the nonstructural
				strategies incorporated into the design of the project. If the applicant
				contends that it is not feasible for engineering, environmental, or safety
				reasons to incorporate any nonstructural stormwater management strategies
				identified in (b) below into the design of a particular project, the applicant
				shall identify the strategy and provide a basis for the contention.
(b) Nonstructural stormwater management
				strategies incorporated into site design shall:
1. Protect areas that provide water quality
				benefits or areas particularly susceptible to erosion and sediment
				loss;
2. Minimize impervious
				surfaces and break up or disconnect the flow of runoff over impervious
				surfaces;
3. Maximize the
				protection of natural drainage features and vegetation;
4. Minimize the decrease in the "time of
				concentration" from pre-construction to post-construction. "Time of
				concentration" is defined as the time it takes for runoff to travel from the
				hydraulically most distant point of the drainage area to the point of interest
				within a watershed;
5. Minimize
				land disturbance including clearing and grading;
6. Minimize soil compaction;
7. Provide low-maintenance landscaping that
				encourages retention and planting of native vegetation and minimizes the use of
				lawns, fertilizers and pesticides;
8. Provide vegetated open-channel conveyance
				systems discharging into and through stable vegetated areas; and
9. Provide other source controls to prevent
				or minimize the use or exposure of pollutants at the site in order to prevent
				or minimize the release of those pollutants into stormwater runoff. These
				source controls include, but are not limited to:
i. Site design features that help to prevent
				accumulation of trash and debris in drainage systems;
ii. Site design features that help to prevent
				discharge of trash and debris from drainage systems;
iii. Site design features that help to
				prevent and/or contain spills or other harmful accumulations of pollutants at
				industrial or commercial developments; and
iv. When establishing vegetation after land
				disturbance, applying fertilizer in accordance with the requirements
				established under the Soil Erosion and Sediment Control Act,
				4:24-39 et seq., and implementing
				rules.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 5 - DESIGN AND PERFORMANCE STANDARDS FOR STORMWATER MANAGEMENT MEASURES › Section 7:8-5.4 - Groundwater recharge standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section
				contains minimum design and performance standards for groundwater
				recharge.
(b) The minimum design
				and performance standards for groundwater recharge, are as follows:
1. The design engineer shall, using the
				assumptions and factors for stormwater runoff and groundwater recharge
				calculations at
				N.J.A.C.
				7:8-5.7, either:
i. Demonstrate through hydrologic and
				hydraulic analysis that the site and its stormwater management measures
				maintain 100 percent of the average annual pre-construction groundwater
				recharge volume for the site; or
ii. Demonstrate through hydrologic and
				hydraulic analysis that the increase of stormwater runoff volume from
				pre-construction to post-construction for the projected two-year storm, as
				defined and determined pursuant to
				N.J.A.C.
				7:8-5.7(d), is
				infiltrated.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 5 - DESIGN AND PERFORMANCE STANDARDS FOR STORMWATER MANAGEMENT MEASURES › Section 7:8-5.5 - Stormwater runoff quality standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section
				contains the minimum design and performance standards to control stormwater
				runoff quality impacts of major development. Stormwater runoff quality
				standards are applicable when the major development results in an increase of
				one-quarter acre or more of regulated motor vehicle surface.
(b) Stormwater management measures shall be
				designed to reduce the post-construction load of total suspended solids (TSS)
				in stormwater runoff generated from the water quality design storm as follows:
1. Eighty percent TSS removal of the
				anticipated load, expressed as an annual average shall be achieved for the
				stormwater runoff from the net increase of motor vehicle surface.
2. If the surface is considered regulated
				motor vehicle surface because the water quality treatment for an area of motor
				vehicle surface that is currently receiving water quality treatment either by
				vegetation or soil, by an existing stormwater management measure, or by
				treatment at a wastewater treatment plant is to be modified or removed, the
				project shall maintain or increase the existing TSS removal of the anticipated
				load expressed as an annual average.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 5 - DESIGN AND PERFORMANCE STANDARDS FOR STORMWATER MANAGEMENT MEASURES › Section 7:8-5.6 - Stormwater runoff quantity standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section
				contains the minimum design and performance standards to control stormwater
				runoff quantity impacts of major development.
(b) In order to control stormwater runoff
				quantity impacts, the design engineer shall, using the assumptions and factors
				for stormwater runoff calculations at
				N.J.A.C.
				7:8-5.7, complete one of the following:
1. Demonstrate through hydrologic and
				hydraulic analysis that for stormwater leaving the site, postconstruction
				runoff hydrographs for the current and projected two-, 10-, and 100-year storm
				events, as defined and determined pursuant to
				N.J.A.C.
				7:8-5.7(c) and (d),
				respectively, do not exceed, at any point in time, the pre-construction runoff
				hydrographs for the same storm events;
2. Demonstrate through hydrologic and
				hydraulic analysis that there is no increase, as compared to the
				pre-construction condition, in the peak runoff rates of stormwater leaving the
				site for the current and projected two-, 10-, and 100-year storm events, as
				defined and determined pursuant to
				N.J.A.C.
				7:8-5.7(c) and (d),
				respectively, and that the increased volume or change in timing of stormwater
				runoff will not increase flood damage at or downstream of the site. This
				analysis shall include the analysis of impacts of existing land uses and
				projected land uses assuming full development under existing zoning and land
				use ordinances in the drainage area;
3. Design stormwater management measures so
				that the post-construction peak runoff rates for the current and projected
				two-, 10-, and 100-year storm events, as defined and determined pursuant to
				N.J.A.C.
				7:8-5.7(c) and (d),
				respectively, are 50, 75, and 80 percent, respectively, of the preconstruction
				peak runoff rates. The percentages apply only to the post-construction
				stormwater runoff that is attributable to the portion of the site on which the
				proposed development or project is to be constructed; or
4. In tidal flood hazard areas, stormwater
				runoff quantity analysis, in accordance with (b)1, 2, and 3 above, is required
				unless the design engineer demonstrates through hydrologic and hydraulic
				analysis that the increased volume, change in timing, or increased rate of the
				stormwater runoff, or any combination of the three will not result in
				additional flood damage below the point of discharge of the major development.
				No analysis is required if the stormwater is discharged directly into any
				ocean, bay, inlet, or the reach of any watercourse between its confluence with
				an ocean, bay, or inlet and downstream of the first water control
				structure.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 5 - DESIGN AND PERFORMANCE STANDARDS FOR STORMWATER MANAGEMENT MEASURES › Section 7:8-5.9 - Sources for technical guidance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Technical
				guidance for stormwater management measures can be found in the documents
				listed at (a)1 and 2 below, which are available from Maps and Publications,
				Department of Environmental Protection, 428 East State Street, PO Box 420,
				Trenton, New Jersey, 08625; telephone (609) 777-1038.
1. Guidelines for stormwater management
				measures are contained in the New Jersey Stormwater Best Management Practices
				Manual, 2002 as amended. Information is provided on stormwater management
				measures such as:
i. Bioretention
				systems;
ii. Constructed stormwater
				wetlands;
iii. Dry wells;
iv. Extended detention basins;
v. Infiltration structures;
vi. Manufactured treatment devices;
vii. Pervious paving;
viii. Sand filters;
ix. Vegetative filter; and
x. Wet pond.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 6 - SAFETY STANDARDS FOR STORMWATER MANAGEMENT BASINS › Section 7:8-6.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				sets forth requirements to protect public safety through the proper design and
				operation of stormwater management basins. This subchapter applies to any new
				stormwater management basin.
(b)
				The provisions of this subchapter are not intended to preempt more stringent
				municipal or county safety requirements for new or existing stormwater
				management basins. Municipal and county stormwater management plans and
				ordinances may, pursuant to their authority, require existing stormwater
				management basins to be retrofitted to meet one or more of the safety standards
				in 7:8-6.2(a)2, (b) and
				(c)1 for trash racks, overflow grates, and
				escape provisions at outlet structures.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 6 - SAFETY STANDARDS FOR STORMWATER MANAGEMENT BASINS › Section 7:8-6.2 - Requirements for trash racks, overflow grates and escape provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A trash rack is
				a device designed to catch trash and debris and prevent the clogging of outlet
				structures. Trash racks shall be installed at the intake to the outlet from the
				stormwater management basin to ensure proper functioning of the basin outlets
				in accordance with the following:
1. The
				trash rack shall have parallel bars, with no greater than six-inch spacing
				between the bars;
2. The trash rack
				shall be designed so as not to adversely affect the hydraulic performance of
				the outlet pipe or structure;
3.
				The average velocity of flow through a clean trash rack is not to exceed 2.5
				feet per second under the full range of stage and discharge. Velocity is to be
				computed on the basis of the net area of opening through the rack;
				and
4. The trash rack shall be
				constructed of rigid, durable, and corrosion resistant material and designed to
				withstand a perpendicular live loading of 300 lbs./ft sq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 6 - SAFETY STANDARDS FOR STORMWATER MANAGEMENT BASINS › Section 7:8-6.3 - Variance or exemption from safety standards

Current through Register Vol. 56, No. 14, July 15, 2024
A variance or exemption from the safety standards for
				  stormwater management basins may be granted only upon a written finding by the
				  appropriate reviewing agency (municipality, county or Department) that the
				  variance or exemption will not constitute a threat to public safety.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9A - STANDARDS FOR INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 7:9A-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of
				this chapter is to:
1. Prevent pollution of
				the waters of the State that results from improper location, design,
				construction, installation, alteration, operation or maintenance of individual
				subsurface sewage disposal systems;
2. Provide standards for the proper location,
				design, construction, installation, alteration, repair and operation of
				individual subsurface sewage disposal systems;
3. Protect the public health and safety and
				the environment;
4. Protect potable
				water supplies; and
5. Safeguard
				fish and aquatic life and ecological values.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9A - STANDARDS FOR INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 7:9A-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				prescribes standards for the location, design, construction, installation,
				alteration, repair and operation of individual subsurface sewage disposal
				systems.
(b) Except as otherwise
				provided by
				58:11-25 or in N.J.A.C. 7:14A, the
				following shall constitute the rules of the New Jersey Department of
				Environmental Protection for all individual subsurface sewage disposal systems
				with an expected volume of sanitary sewage less than or equal to 2,000 gpd and
				shall be regarded as the minimum uniform standards, in force throughout the
				State, governing individual subsurface sewage disposal systems. Different
				requirements or specifications for individual subsurface sewage disposal
				systems may be set forth in a treatment works approval, general NJPDES permit
				or individual NJPDES permit as provided at N.J.A.C. 7:14A.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9A - STANDARDS FOR INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 7:9A-1.3 - Construction of rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				shall be liberally construed to permit the Department to discharge its
				statutory functions.
(b) All
				appendices attached to this chapter are incorporated into this chapter and are
				made a part hereof.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9A - STANDARDS FOR INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 7:9A-1.4 - Practice where rules do not govern

Current through Register Vol. 56, No. 14, July 15, 2024
The Commissioner, or any other appropriate management
				  employee within the Department, shall exercise his or her discretion in respect
				  to any matters not governed by this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9A - STANDARDS FOR INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 7:9A-1.5 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any provision of this chapter or the application thereof
				  to any person or circumstance is held invalid, such invalidity shall not affect
				  other provisions of this chapter, and to this end, the provisions of this
				  chapter are declared to be severable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9A - STANDARDS FOR INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 7:9A-1.6 - General prohibitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person shall
				not install, construct, alter or repair an individual subsurface sewage
				disposal system without first obtaining the necessary permits, approvals or
				certifications as required by this chapter.
(b) An administrative authority shall not
				issue an approval, permit or certification for installation, construction,
				alteration, or repair of an individual subsurface sewage disposal system where
				such installation, construction, alteration or repair will violate or otherwise
				not be in compliance with the requirements of this chapter.
(c) The construction, installation or
				operation of a subsurface sewage disposal system to serve more than one
				property is prohibited unless a treatment works approval and/or a NJPDES permit
				has been issued by the Department.
(d) Individual subsurface sewage disposal
				systems shall not be located, designed, constructed, installed, altered,
				repaired or operated in a manner that will allow the discharge of an effluent
				onto the surface of the ground or into any water course.
(e) The administrative authority shall not
				approve the construction or alteration of individual subsurface sewage disposal
				systems or other means of private sewage disposal where a sanitary sewer line
				is available within 100 feet of the property to be served. For the purpose of
				this subsection, an existing sanitary sewer line shall be considered to be
				available when the following conditions are met:
1. Connection of the facility to the sanitary
				sewer line may be accomplished without installing a pump station, blasting
				bedrock, acquiring an easement or right-of-way to cross an adjoining property,
				or crossing a watercourse, railway, major highway or other significant
				obstacle; and
2. The property to be
				served is located within the designated sewer service area of the sewage
				treatment plant to which the sanitary sewer line is connected.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9A - STANDARDS FOR INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 7:9A-1.7 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
Violation of any provision of this chapter shall be a
				  violation of the New Jersey Water Pollution Control Act,
				  58:10A-1 et seq., and the violator
				  shall be subject to assessment of civil administrative penalties pursuant to
				  the provisions of N.J.A.C. 7:14-8.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9A - STANDARDS FOR INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 7:9A-1.8 - Limitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				administrative authority shall not approve the installation, construction or
				alteration of an individual subsurface sewage disposal system unless the
				proposed system falls within the limits defined as follows:
1. A system serving one or more dwelling unit
				on one individual property where the total daily volume of sewage generated,
				calculated as prescribed in
				7:9A-7.4, is no greater than 2,000
				gallons per day and the type of waste discharged consists of sanitary sewage
				only; or
2. A system serving
				facilities other than one or more dwelling unit where the total daily volume of
				sewage generated, calculated as prescribed in
				7:9A-7.4, is no greater than 2,000
				gallons per day, the type of waste discharged consists of sanitary sewage only,
				and the system is connected to buildings, commercial units or other realty
				improvements on the same individual properties.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9A - STANDARDS FOR INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEMS › Subchapter 3 - ADMINISTRATION › Section 7:9A-3.1 - Ordinances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				administrative authority may adopt this chapter by reference as allowed by
				26:3-69 to 69.6.
(b) For the purpose of this chapter, the term
				"special ordinance" means any ordinance which differs in any detail from this
				chapter. Within 10 days after adoption of a special ordinance, the
				administrative authority shall forward to the Department a copy of the
				ordinance together with a written statement in which all provisions which
				differ from this chapter are identified, the reasons for the differences are
				explained and all supporting facts and data are provided. Where requirements
				differing from the requirements of this chapter are proposed in order to
				conform with the requirements of the Pinelands Comprehensive Management Plan,
				the appropriate section(s) of the Plan shall be cited.
(c) The administrative authority shall not
				adopt an ordinance which is less stringent than this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9A - STANDARDS FOR INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEMS › Subchapter 3 - ADMINISTRATION › Section 7:9A-3.2 - New systems

Current through Register Vol. 56, No. 14, July 15, 2024
All aspects of the location, design, construction,
				  installation, operation, and maintenance of new individual subsurface sewage
				  disposal systems shall comply with the requirements of these standards and any
				  conditions specified in a treatment works approval.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9A - STANDARDS FOR INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEMS › Subchapter 3 - ADMINISTRATION › Section 7:9A-3.3 - Existing systems

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Existing
				systems serving existing structures may continue to be used without change
				provided that these systems are compliant with the conditions upon which they
				were approved, are not malfunctioning in accordance with
				7:9A-3.4, and there is no expansion
				or change in use of the existing structure that increases the estimated volume
				of sanitary sewage from the structure (calculated in accordance with N.J.A.C.
				7:9-7.4 ) or changes the type of waste generated (as prescribed in
				7:9A-7.3 ).
(b) Existing systems associated with a realty
				improvement or structure that undergoes a reconstruction as defined in the
				Uniform Construction Code, N.J.A.C. 5:23, without a change in use, may be
				approved to be used by the administrative authority when:
1. A system designer has certified that all
				aspects of the location, design, construction, installation and operation of
				the existing system are in conformance with the requirements of this chapter or
				the system will be altered so that it will be in conformance with the
				requirements of this chapter. If the property cannot support a system in
				conformance with the requirements of this chapter, the owner shall apply for
				approval to utilize a holding tank in accordance with
				N.J.A.C.
				7:9A-3.12.; or
2. A septic system designer certifies that
				the existing septic tank and disposal field do not exhibit any condition
				representative of non-compliance, including any of the malfunction criteria
				listed at 7:9A-3.4(b), and
				are adequate to treat and dispose of the estimated volume and type of sanitary
				sewage generated by the reconstructed structure, the existing system may
				continue to be used, limited to the following cases:
i. The reconstruction is necessitated by a
				catastrophic event, such as fire, storm or flood; or
ii. The existing system was approved by the
				administrative authority after December 31, 1996.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9A - STANDARDS FOR INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEMS › Subchapter 3 - ADMINISTRATION › Section 7:9A-3.4 - Non-compliant systems

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There are two
				types of non-compliant systems:
1. Systems
				that do not perform as approved, or that malfunction, as identified in (b)
				below; and
2. Systems that are not
				constructed, operated or maintained in accordance with the requirements of this
				chapter or as specified in an approval issued by either the Department or the
				administrative authority.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9A - STANDARDS FOR INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEMS › Subchapter 3 - ADMINISTRATION › Section 7:9A-3.6 - Witnessing of soil evaluation and testing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				administrative authority or its authorized agent shall witness the excavation
				of soil profile pits and borings, in-situ permeability testing or soil sample
				collection and any other site evaluation procedure relied upon in the design or
				location of the system. The administrative authority or its authorized agent
				may require a maximum of 15 business days prior to written notice for the
				purpose of witnessing of soil evaluation or testing procedures.
(b) The administrative authority may waive
				the requirements for witnessing of soil evaluation or testing procedures which
				are identified in (a) above. Failure of the administrative authority or its
				authorized agent to be present when 15 business days prior written notice has
				been given shall be construed to be a waiver of the witnessing
				requirements.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9A - STANDARDS FOR INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEMS › Subchapter 3 - ADMINISTRATION › Section 7:9A-3.7 - Modification of plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Modification of
				plans or specifications for an individual subsurface sewage disposal system
				made subsequent to approval of the plans shall not be carried out unless the
				revisions are in conformance with the requirements of this chapter and noted on
				a revised set of plans which have been signed, sealed and dated by a licensed
				professional engineer and approved by the administrative authority or its
				authorized agent.
(b) Any
				modification to plans or specifications made without approval of the
				administrative authority shall render the original approval null and void and a
				new application shall be required.
(c) The administrative authority or its
				authorized agent may require the revision of plans or specifications as it
				deems necessary if conditions found prior to or during construction warrant
				such change in order to obtain conformance with the provisions of this
				chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9A - STANDARDS FOR INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEMS › Subchapter 3 - ADMINISTRATION › Section 7:9A-3.8 - Pinelands area approvals

Current through Register Vol. 56, No. 14, July 15, 2024
The administrative authority shall not approve an
				  application to construct, install or alter an individual subsurface sewage
				  disposal system within the Pinelands area (as defined in
				  13:18A-1 et seq.) until the
				  Pinelands Commission has issued a Notice of Filing, Certificate of Compliance,
				  Certificate of Filing, development approval, or a written statement that no
				  approval from the Pinelands Commission is required. All approvals issued by the
				  administrative authority shall be consistent with the requirements of N.J.A.C.
				  7:50-5 and 6, and shall be reported to the Pinelands Commission in accordance
				  with N.J.A.C. 7:50-4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9A - STANDARDS FOR INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEMS › Subchapter 3 - ADMINISTRATION › Section 7:9A-3.9 - Treatment works approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A treatment
				works approval issued by the Department pursuant to this chapter is required
				for:
1. Any project which is required to
				obtain a sewerage facilities certification from the Department pursuant to
				58:11-25.1;
2. Any design of a new or expanded individual
				subsurface sewage disposal system which will not conform with one or more
				requirements of this chapter;
3.
				Any design that incorporates an experimental system or component pursuant to
				7:9A-3.11;
4. Any design that incorporates wastewater
				treatment in order to meet effluent discharge limitations or ground and/or
				surface water quality standards as prescribed by applicable State or Federal
				regulations or statutes; or
5. Any
				design in which sanitary sewage will not flow by gravity from the realty
				improvement to the septic tank.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9A - STANDARDS FOR INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEMS › Subchapter 3 - ADMINISTRATION › Section 7:9A-3.10 - NJPDES permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Individual
				subsurface sewage disposal systems which serve single family dwelling units and
				which are located, designed, constructed, installed, altered, repaired and
				operated in conformance with the requirements set forth in these standards are
				exempt from NJPDES permit requirements in accordance with
				7:14A-7.4(a)1  and
				8.1(b)2ii.
(b) Subsurface sewage
				disposal systems which serve facilities other than single family dwelling units
				and which are located, designed, constructed, installed, altered, repaired and
				operated in conformance with the requirements set forth in this chapter, and
				58:11-43 et seq. where these
				restrictions are applicable, are deemed to have a NJPDES permit-by-rule
				pursuant to
				7:14A-7.5(a)1  and
				8.5(b)1.
(c) When the proposed
				system does not fall into either of the categories outlined in (a) or (b)
				above, the administrative authority shall direct the applicant to apply to the
				Department for a NJPDES permit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9A - STANDARDS FOR INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEMS › Subchapter 3 - ADMINISTRATION › Section 7:9A-3.11 - Experimental systems

Current through Register Vol. 56, No. 14, July 15, 2024
The Department encourages the development and use of new
				  technologies which may improve the treatment of sanitary sewage prior to
				  discharge or allow environmentally safe disposal of sanitary sewage in areas
				  where standard sewage disposal systems might not function adequately. Where the
				  design, location, construction or installation of the system or any of its
				  components does not conform to this chapter, the administrative authority shall
				  direct the applicant to apply to the Department for a treatment works approval.
				  Depending upon the volume and quality of the wastewater discharged, a NJPDES
				  permit may also be required.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9A - STANDARDS FOR INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEMS › Subchapter 3 - ADMINISTRATION › Section 7:9A-3.12 - Holding tanks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				administrative authority may approve the use of a temporary sanitary sewage
				holding tank in lieu of an individual subsurface sewage disposal system, as a
				temporary means of waste disposal, for a period not to exceed 180 days, where
				alteration or repair of an existing system is being implemented as approved by
				the administrative authority. An existing septic tank or a portable holding
				tank may be used as a temporary sanitary sewage holding tank.
(b) The administrative authority may approve
				permanent use of a holding tank in the case of a malfunctioning system, subject
				to approval by the Department, as allowed in
				7:9A-3.4(h).
(c) Where an existing cesspool, privy,
				outhouse, latrine or pit toilet is required to be abandoned pursuant to
				7:9A-3.16, the administrative
				authority may approve the permanent use of a holding tank if:
1. The property is unable to support a
				system; and
2. The holding tank is
				approved under a treatment works approval issued by the Department pursuant to
				N.J.A.C. 7:14A.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9A - STANDARDS FOR INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEMS › Subchapter 3 - ADMINISTRATION › Section 7:9A-3.14 - Notification of proper operation and maintenance practices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				administrative authority shall notify each property owner issued approval for
				the design, construction, installation, alteration or repair of an individual
				subsurface sewage disposal system after January 1, 1990 of the proper operation
				and maintenance practices.
(b)
				Written notification of the proper operation and maintenance practices shall
				initially be issued to the applicant with the approval for the location,
				design, construction, installation, alteration or repair of the individual
				subsurface sewage disposal system and reissued on a triennial basis to the
				present property owner. For approvals issued before June 21, 1993, the
				notification shall be accomplished by December 21, 1993 and reissued on a
				triennial basis, thereafter.
(c)
				The written notification shall inform the present property owner how to
				properly operate and maintain an individual subsurface sewage disposal system.
				A mass mailing to all property owners who have individual subsurface sewage
				disposal systems is an acceptable method of notice. The notice shall include,
				at a minimum:
1. A general outline of how an
				individual subsurface sewage disposal system works and the potential impact of
				improper operation and maintenance on system performance, ground and surface
				water quality, and public health;
2. The recommended frequency of septic tank
				and grease trap pumping to prevent over-accumulation of solids, and methodology
				for inspection to determine whether pumping is necessary;
3. A list of materials containing toxic
				substances which are prohibited from being disposed of into an individual
				subsurface sewage disposal system;
4. A list of inert or non-biodegradable
				substances which should not be disposed of within an individual subsurface
				sewage disposal system;
5. Proper
				practices for maintaining the area reserved for sewage disposal;
6. Impacts upon system performance resulting
				from excessive water use; and
7.
				Warning signs of poor system performance or malfunction and recommended or
				required corrective measures.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9A - STANDARDS FOR INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEMS › Subchapter 3 - ADMINISTRATION › Section 7:9A-3.15 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				administrative authority or its authorized agent shall maintain records and
				shall keep on file copies of the following documents:
1. Applications and plans and specifications
				for the construction, installation or alteration of individual subsurface
				sewage disposal systems, including all forms and data submitted by the
				applicant;
2. Permits issued for
				the construction, installation or alteration of individual subsurface sewage
				disposal systems;
3. Modifications
				to plans made subsequent to the issuance of a permit to construct, install or
				alter individual subsurface sewage disposal systems;
4. Reports of construction inspections made
				prior to issuance of a certificate of compliance for an individual subsurface
				sewage disposal system;
5.
				Certificates of compliance issued for individual subsurface sewage disposal
				systems;
6. Inspection reports,
				plans and specifications for repair or alteration of malfunctioning individual
				subsurface sewage disposal systems or components of malfunctioning systems.
				Information about all verified non-compliant malfunctioning systems shall be
				recorded in a format provided by the Department; and
7. All records of septic system inspections
				submitted in accordance with the requirements of
				7:9A-12.6.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9A - STANDARDS FOR INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEMS › Subchapter 3 - ADMINISTRATION › Section 7:9A-3.16 - Other sanitary sewage disposal units

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Cesspools,
				privies, outhouses, latrines, pit toilets or similar sanitary sewage disposal
				units are not systems. When an administrative authority discovers a privy,
				outhouse, latrine, pit toilet or similar sanitary sewage disposal unit, or any
				cesspool that serves a structure and that is in need of repair or alteration,
				it must order these units be abandoned and a conforming system installed
				except:
1. If it is not possible to bring the
				system into conformance with this chapter, the system shall be brought as close
				to conformance with the requirements of this chapter as the administrative
				authority determines is possible, provided the system as improved results in a
				discharge that is protective of human health and the environment; or
2. If the administrative authority is not
				able to approve a system under (a)1 above, application shall be made for
				approval to utilize a holding tank in accordance with
				7:9A-3.12(c).