reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9B - SURFACE WATER QUALITY STANDARDS › Subchapter 1 - SURFACE WATER QUALITY STANDARDS › Section 7:9B-1.1 - Scope of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
Unless otherwise provided by rule or statute, this subchapter
				  shall constitute the rules of the Department of Environmental Protection
				  governing matters of policy with respect to the protection and enhancement of
				  surface water resources, class definitions, quality criteria, use designation,
				  and quality criteria for the mainstem of the Delaware River, including the
				  Delaware Bay, the classification of surface waters of the State, procedures for
				  establishing water quality-based effluent limitations, modification of water
				  quality-based effluent limitations, procedures for reclassifying specific
				  segments for less restrictive uses, procedures for reclassifying specific
				  segments for more restrictive uses, and procedures for establishing water
				  quality standards variances, pursuant to
				  N.J.S.A.
				  13:1D-1 et seq., the New Jersey Water
				  Pollution Control Act, 58:10A-1 et seq., and the Water Quality Planning Act,
				  58:11A-1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9B - SURFACE WATER QUALITY STANDARDS › Subchapter 1 - SURFACE WATER QUALITY STANDARDS › Section 7:9B-1.2 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall be liberally construed to permit the
				  Department and its various divisions to discharge their statutory
				  functions.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9B - SURFACE WATER QUALITY STANDARDS › Subchapter 1 - SURFACE WATER QUALITY STANDARDS › Section 7:9B-1.3 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any subchapter, section, subsection, provision, clause,
				  or portion of this chapter, or the application thereof to any person, is
				  adjudged unconstitutional or invalid by a court of competent jurisdiction, such
				  judgment shall be confined in its operation to the subchapter, section,
				  subsection, clause, portion, or application directly involved in the
				  controversy in which such judgment shall have been rendered and it shall not
				  affect or impair the remainder of this chapter or the application thereof to
				  other persons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9B - SURFACE WATER QUALITY STANDARDS › Subchapter 1 - SURFACE WATER QUALITY STANDARDS › Section 7:9B-1.6 - Establishment of water quality-based effluent limitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Water
				quality-based effluent limitations shall be established for NJPDES point
				sources in accordance with N.J.A.C. 7:14A.
(b) For new and/or expanding NJPDES point
				sources, the water quality-based effluent limitations shall comply with the
				antidegradation policies at
				7:9B-1.5(d).
(c) Water quality-based effluent limits for
				chlorine produced oxidants based on the criteria in
				7:9B-1.14(f)  are
				not applicable where:
1. The aquatic
				community of a waterbody is exposed to one or more point source discharges of
				non-contact cooling water that is intermittently chlorinated to control
				condenser biofouling;
2. The total
				period of such exposure to chlorinated wastewater is two hours per day or less;
				and
3. The maximum concentration of
				chlorine produced oxidants in the effluents of such discharges shall not exceed
				200 [micro]g/L.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9B - SURFACE WATER QUALITY STANDARDS › Subchapter 1 - SURFACE WATER QUALITY STANDARDS › Section 7:9B-1.7 - Waterway loadings in areawide water quality management plans

Current through Register Vol. 56, No. 14, July 15, 2024
Any total maximum daily load, wasteload allocation, or load
				  allocation established as an amendment to an areawide water quality management
				  plan under
				  N.J.A.C.
				  7:15-5.4 shall be consistent with all of the
				  provisions of this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9B - SURFACE WATER QUALITY STANDARDS › Subchapter 1 - SURFACE WATER QUALITY STANDARDS › Section 7:9B-1.8 - Procedures for modifying water quality-based effluent limitations for individual dischargers to Category One waters

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant
				requesting modification of a water quality-based effluent limitation,
				established on a case-by-case basis, must demonstrate, to the satisfaction of
				the Department, after public notice (including notice to affected
				municipalities) and a public hearing (where sufficient public interest exists),
				that:
1. Some change in ambient water quality
				should be allowed because of necessary and justifiable social or economic
				development;
2. Alternative
				effluent limitations, at least as stringent as the technology-based effluent
				limitations required by either sections 301, 306, and 307 of the Federal Clean
				Water Act, or the effluent limitations resulting from application of the
				minimum BOD[5] effluent standards in
				7:14A-12.4 (where applicable),
				whichever are more stringent, will not interfere nor be injurious to the
				existing or designated uses; and
3.
				Where the requested modified effluent limitations would result in contravention
				of the water quality criteria or the degradation of the natural water quality,
				whichever is less stringent:
i. The water
				quality criteria are not attainable because of natural background; or
ii. The water quality criteria are not
				attainable because of irretrievable man-induced conditions; or
iii. Natural, ephemeral, intermittent, or low
				flow conditions or water levels prevent the attainment of the use, unless these
				conditions may be compensated for by the discharge of sufficient volume of
				effluent discharges without violating State water conservation requirements to
				enable uses to be met; or
iv.
				Controls more stringent than those required by Sections 301(b) and 306 of the
				Federal Clean Water Act would result in substantial and widespread adverse
				social and economic impact.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9B - SURFACE WATER QUALITY STANDARDS › Subchapter 1 - SURFACE WATER QUALITY STANDARDS › Section 7:9B-1.9 - Procedures for modifying water quality-based effluent limitations for individual dischargers to Category Two waters

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The criteria
				for modifying water quality-based effluent limitations established on a
				case-by-case basis are:
1. The applicant for
				modification of effluent limitations for parameters that are currently better
				than the water quality criteria must demonstrate, to the satisfaction of the
				Department, after public notice (including notice to affected municipalities)
				and a public hearing (where sufficient public interest exists), that:
i. Some degradation of water quality
				parameters currently better than the water quality criteria should be allowed
				because of necessary and justifiable social or economic development;
				and
ii. Alternative effluent
				limitations, at least as stringent as the technology-based effluent limitations
				required by either sections 301, 306, and 307 of the Federal Clean Water Act,
				or the effluent limitations resulting from application of the effluent
				standards (where applicable) in N.J.A.C. 7:14A-12, whichever are more
				stringent, will not interfere with nor be injurious to the existing or
				designated uses.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9B - SURFACE WATER QUALITY STANDARDS › Subchapter 1 - SURFACE WATER QUALITY STANDARDS › Section 7:9B-1.10 - Procedures for reclassifying specific segments for less restrictive uses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				will entertain petitions, for reclassification of specific segments to less
				restrictive uses, or may decide to initiate reclassification proceedings on its
				own, at any time.
(b) Any
				reclassification proceedings will include full documentation of the items
				contained in (d) and (e) below. The documentation will be prepared by either
				the Department (where the Department has initiated the reclassification on its
				own) or the petitioner for the reclassification.
(c) The Department shall issue public notice
				to all interested parties (including affected municipalities) and shall hold
				public hearing(s) as part of any reclassification proceeding.
(d) The Department or the petitioner, as
				indicated in (b) above, shall include in the reclassification documentation
				appropriate water quality studies and analyses, biological studies and
				analyses, environmental, social, and economic studies as are necessary to
				demonstrate the satisfaction of (e)1 and 2 below, in addition to at least one
				of the remaining criteria in (e) below.
(e) The Department may establish less
				restrictive uses than the designated uses only after it has been demonstrated
				to the satisfaction of the Department that:
1. None of the uses being removed are
				existing uses; and
2. The uses to
				be removed will not be attained by implementing effluent limits required by
				Sections 301(b) and 306 of the Federal Clean Water Act in conjunction with
				implementation of cost-effective and reasonable best management requirements
				for nonpoint source pollution control; and
3. The existing designated use is not
				attainable because of natural background; or
4. The existing designated use is not
				attainable because of irretrievable man-induced conditions; or
5. Natural, ephemeral, intermittent, or low
				flow conditions or water levels prevent the attainment of the use, unless these
				conditions may be compensated for by the discharge of sufficient volume of
				effluent discharges without violating State water conservation requirements to
				enable uses to be met; or
6.
				Physical conditions related to the natural features of the water body, such as
				the lack of a proper substrate, cover, flow, depth, pools, riffles, and the
				like, unrelated to water quality, preclude attainment of aquatic life
				protection uses; or
7. Controls
				more stringent than those required by Sections 301(b) and 306 of the Federal
				Clean Water Act would result in substantial and widespread adverse social and
				economic impact.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9B - SURFACE WATER QUALITY STANDARDS › Subchapter 1 - SURFACE WATER QUALITY STANDARDS › Section 7:9B-1.11 - Procedures for reclassifying specific segments for more restrictive uses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				will entertain petitions, for reclassification of specific segments, pursuant
				to (e) below, or may decide to initiate reclassification proceedings on its
				own, at any time.
(b) The
				Department may entertain petitions for reclassification of specific segments,
				pursuant to (f) below, at any time.
(c) Documentation supporting the petition for
				reclassification for more restrictive use(s) shall be prepared by the
				petitioner for such reclassification, where one exists, or by the Department,
				where it decides to initiate such reclassification on its own.
(d) The Department shall issue public notice
				to all interested parties (including affected municipalities and dischargers)
				and shall hold public hearing(s) as part of any reclassification
				proceeding.
(e) A reclassification
				for more restrictive uses shall be made whenever:
1. It is demonstrated to the satisfaction of
				the Department that there are existing uses of the specific segment that are
				not included in the designated uses; or
2. Where a reclassification for less
				restrictive uses has been granted pursuant to
				7:9B-1.10, the bases for the
				reclassification no longer exist; or
3. It is demonstrated to the satisfaction of
				the Department that any uses in Section 101(a)(2) of the Federal Clean Water
				Act, protection and propagation of fish, shellfish, and wildlife, and
				recreation in and on the water, which are not included in the designated uses
				listed in this subchapter are attainable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9B - SURFACE WATER QUALITY STANDARDS › Subchapter 1 - SURFACE WATER QUALITY STANDARDS › Section 7:9B-1.12 - Designated uses of FW1, PL, FW2, SE1, SE2, SE3 and SC waters

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In all FW1
				waters, the designated uses are:
1. Set aside
				for posterity to represent the natural aquatic environment and its associated
				biota;
2. Primary contact
				recreation;
3. Maintenance,
				migration and propagation of the natural and established aquatic biota;
				and
4. Any other reasonable
				uses.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9B - SURFACE WATER QUALITY STANDARDS › Subchapter 1 - SURFACE WATER QUALITY STANDARDS › Section 7:9B-1.13 - Designated uses of mainstem Delaware River and Delaware Bay

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The designated
				uses for the mainstem Delaware River and Delaware Bay are those contained in
				the DRBC Water Quality Regulations.
(b) The designated uses for other waters
				under the jurisdiction of the DRBC are as set forth at
				7:9B-1.12.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9B - SURFACE WATER QUALITY STANDARDS › Subchapter 1 - SURFACE WATER QUALITY STANDARDS › Section 7:9B-1.14 - Surface water quality criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Surface water
				quality criteria for FW1 waters shall be maintained as to quality in their
				natural state.
(b) Surface water
				quality criteria for PL waters are as follows:
1. These waters shall be maintained as to
				quality in their existing state or that quality necessary to attain or protect
				the designated uses, whichever is more stringent.
i. For Nitrate-Nitrogen a level of 2 mg/L
				shall be maintained in the surface waters unless it is shown that a lower level
				must be maintained to protect the existing surface water quality.
ii. A pH level between 3.5 and 5.5 shall be
				maintained unless it is demonstrated that a pH level outside of that range is
				necessary to protect the existing/designated uses.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9B - SURFACE WATER QUALITY STANDARDS › Subchapter 1 - SURFACE WATER QUALITY STANDARDS › Section 7:9B-1.16 - Water quality standards variances

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				A water quality standards (WQS) variance is subject to
				40 CFR
				131.14 and
				40 CFR 131.20(b). The USEPA must
				review and approve the variance prior to implementation of any WQS variance. A
				WQS variance may be initiated either by the Department or at the request of a
				permittee.
(b) The WQS variance
				policies are, as follows:
1. A WQS variance
				serves as the interim applicable water quality standard for the term of the WQS
				variance when implementing:
i. NJPDES
				permitting requirements pursuant to N.J.A.C. 7:14A; or
ii. Certifications under Section 401 of the
				Federal Act;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9C - GROUND WATER QUALITY STANDARDS › Subchapter 1 - GROUND WATER QUALITY STANDARDS › Section 7:9C-1.1 - Scope of chapter

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless
				otherwise provided by statute, this chapter constitutes the rules of the
				Department of Environmental Protection concerning ground water classification,
				designated uses of ground water, and ground water quality criteria, and
				constituent standards, pursuant to the Water Pollution Control Act
				(58:10A-1 et seq.) and the Water
				Quality Planning Act (58:11A-1 et
				seq.).
(b) This chapter provides
				the basis for protection of ambient ground water quality, through the
				establishment of constituent standards for ground water pollutants. These
				constituent standards are applicable to the development of: ground water
				protection standards pursuant to the New Jersey Pollutant Discharge Elimination
				System (NJPDES; N.J.A.C. 7:14A); ground water remediation standards; and other
				requirements and regulatory actions applicable to discharges that cause or may
				cause pollutants to enter the ground waters of the State, including non-point
				and diffuse sources regulated by the Department. Other relevant laws through
				which the Ground Water Quality Standards may be applied include, but are not
				limited to, the Spill Compensation and Control Act (N.J.S.A. 58:10-23.1 1 et
				seq.), the Brownfield and Contaminated Site Remediation Act (58:10B-1 et seq.), the Site
				Remediation Reform Act (58:10C-1 et seq.),
				the Solid Waste Management Act (13:1E-1 et seq.), the
				Industrial Site Recovery Act (13:1K-6 et seq.), the
				Underground Storage of Hazardous Substances Act (58:10A-21 et seq.), the Realty
				Improvement Sewerage and Facilities Act (58:11-23 et seq.), and the
				Pesticide Control Act of 1971 (13:1F-1 et
				seq.).
(c) This chapter constitutes
				the Department's primary basis for setting numerical criteria for limits on
				discharges to ground water and standards for ground water
				remediation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9C - GROUND WATER QUALITY STANDARDS › Subchapter 1 - GROUND WATER QUALITY STANDARDS › Section 7:9C-1.2 - Policies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It is the
				policy of this State to restore, enhance and maintain the chemical, physical
				and biological integrity of its waters, to protect public health, to safeguard
				fish and aquatic life and scenic and ecological values, and to enhance the
				domestic, municipal, recreational, industrial and other uses of
				water.
(b) Discharges to ground
				water that subsequently discharge into surface waters shall not be permitted by
				the applicable regulatory program if such discharges would cause a
				contravention of surface water quality standards applicable to those surface
				waters. That is, those discharges must achieve compliance with both these
				standards and the surface water quality standards (N.J.A.C. 7:9B).
(c) When existing ground water quality does
				not meet the constituent standards determined pursuant to
				7:9C-1.7, 1.8 and 1.9, due to human
				activities, the Department shall, after a review of relevant and available
				scientific and technical data, determine in the context of the applicable
				regulatory programs the management actions necessary (including, but not
				limited to, the requirement of remedial actions) to restore or enhance ground
				water quality pursuant to the policies of this chapter.
(d) The Department shall not approve
				discharges or activities posing a significant risk of discharges, within the
				jurisdiction of and subject to regulation by the Pinelands Commission, that
				would contravene the rules of the Pinelands Commission with regard to the
				protection of ground water or surface water quality.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9C - GROUND WATER QUALITY STANDARDS › Subchapter 1 - GROUND WATER QUALITY STANDARDS › Section 7:9C-1.3 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall be liberally construed to permit the
				  Department to implement its statutory functions.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9C - GROUND WATER QUALITY STANDARDS › Subchapter 1 - GROUND WATER QUALITY STANDARDS › Section 7:9C-1.5 - Ground water classification system and designated uses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Ground water is
				classified according to the hydrogeologic characteristics of the ground water
				resource and the designated use(s) which are to be maintained, restored and
				enhanced within the classification area. Classifications are regional in nature
				and do not reflect localized infringements on designated uses due to natural
				quality or pollution incidents. Ground water users should not assume that
				existing ground water quality everywhere meets the criteria for classification
				areas established herein, in view of the potential for variations in natural
				quality or for localized pollution caused by human activity. Additional uses
				may be made of ground water in any classification area, subject to applicable
				Department rules, but these uses are not directly protected through this
				chapter.
(b) The Department shall
				preferentially protect the primary designated use for each classification area,
				and shall protect any secondary designated uses to the extent that such uses
				are viable using water of sufficient quality for the primary use and that the
				primary use is not impaired.
(c)
				There are three major classes of ground water, as defined in (d) through (f)
				below. They are:
Class I Ground Water of Special Ecological
				  Significance
Class II Ground Water for Potable Water Supply
Class III Ground Water With Uses Other Than Potable Water
				  Supply
(d) The primary
				designated use for Class I ground water is the maintenance of special
				ecological resources supported by the ground water within the classification
				area. Secondary designated uses are potable water, agricultural water and
				industrial water to the extent that these uses are viable using water of
				natural quality and do not impair the primary use, such as by altering ground
				water quality.
1. Class I-A--Exceptional
				Ecological Areas: Class I-A ground water consists of all ground waters within
				those classification areas listed at (d)1iii below or designated by the
				Department through the reclassification procedure in
				7:9C-1.10, which satisfy either
				(d)1i or ii below. In addition, ground waters within those areas listed in
				(d)1iii below are classified as Class I-A ground waters, because the Department
				has determined that they satisfy the requirements of either (d)i or ii below.
				The Department may approve a Class I-A classification area if the ground water
				within that area:
i. Contributes to the
				transmittal of ground water to surface water in FW1 watersheds; and
(1) The area involved is under government
				ownership (fee simple or conservation restriction); or
(2) Is owned by a private entity that
				petitions the Department for reclassification of the property to Class I-A
				pursuant to N.J.A.C. 7:9C-1.10; or
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9C - GROUND WATER QUALITY STANDARDS › Subchapter 1 - GROUND WATER QUALITY STANDARDS › Section 7:9C-1.7 - Ground water quality criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Ground water
				quality criteria for Class I-A areas are the natural quality for each
				constituent. Class I-A is a non-degradation classification where natural
				quality is to be maintained or restored. The Department shall not approve any
				discharge to ground water or approve any human activity which results in a
				degradation of natural quality within a Class I-A classification
				area.
(b) Ground water quality
				criteria for Class I-PL are as follows:
1.
				Within Class I-PL (Preservation Area), ground water quality criteria shall be
				the natural quality for each constituent. Class I-PL (Preservation Area) is a
				nondegradation classification in which natural quality shall be maintained or
				restored. The Department shall not approve any discharge or any other activity
				which would result in the degradation of natural quality within a Class I-PL
				(Preservation Area) classification area. However, the provisions of this
				paragraph (b)1 shall not apply to activities that are in conformance with
				N.J.A.C. 7:50-6 et seq.
2. Ground
				water quality criteria for Class I-PL (Protection Area) shall be the background
				water quality. The Department shall not approve any discharge or any other
				activity which would result in the degradation of background water quality in
				the Class I-PL (Protection Area) classification area. However, the provisions
				of this paragraph (b)2 shall not apply to activities that are in conformance
				with N.J.A.C. 7:50-6 et seq.
3. The
				Department shall not approve any discharge to ground water within the Class
				I-PL classification area which results in a violation of the Surface Water
				Quality Standards applicable to the Pinelands National Reserve, as established
				in N.J.A.C. 7:9B or successor rules.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9C - GROUND WATER QUALITY STANDARDS › Subchapter 1 - GROUND WATER QUALITY STANDARDS › Section 7:9C-1.9 - Constituent standard modifications and practical quantitation levels

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When
				constituents at background water quality exceed the criteria in
				7:9C-1.7, the Department shall
				consider the following modifications in the development of constituent
				standards in the context of applicable regulatory programs:
1. For discharges that derive their source
				water from directly upgradient of the discharge, the constituent standards
				shall not be more stringent than the background water quality (that is, the
				source water quality);
2. For other
				discharges:
i. In areas where the criteria
				for the constituent are exceeded within the area due to natural quality, the
				constituent standards shall be established as the background water
				quality.
ii. In other areas, the
				constituent standards shall be established such that the volume and
				concentration of ground water exceeding the criteria are not increased by
				discharges.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9C - GROUND WATER QUALITY STANDARDS › Subchapter 1 - GROUND WATER QUALITY STANDARDS › Section 7:9C-1.10 - Procedures for reclassification of ground water

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Reclassification of ground water areas shall be accomplished through rulemaking
				in accordance with the Administrative Procedure Act,
				52:14B-1 et seq.
(b) Any interested person may seek to have
				any ground water area reclassified by filing a petition with the Department.
				For the purposes of this subsection, interested persons shall include, but not
				be limited to:
1. Any State, county or
				municipal governmental entity with jurisdiction over the area that is proposed
				for reclassification; and
2. Any
				person residing or discharging in the area that is proposed for
				reclassification.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9C - GROUND WATER QUALITY STANDARDS › Subchapter 1 - GROUND WATER QUALITY STANDARDS › Section 7:9C-1.11 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any provision of this chapter or any application of any
				  such provision is held to be invalid, such invalidity shall not affect any
				  other provision or application, and to this end, the provisions of this chapter
				  are declared to be severable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9C - GROUND WATER QUALITY STANDARDS › Appendix - APPENDIX

Current through Register Vol. 56, No. 14, July 15, 2024
Table 1
Specific Ground Water Quality Criteria--Class II-A and
				Practical Quantitation Levels
Explanation of Terms:
*
=
Ground water quality criteria and PQLs are expressed as
						  micrograms per liter ([micro]g/L) unless otherwise noted. Table 1 criteria are
						  all maximum values unless clearly indicated as a range for which the minimum
						  value is to the left and the maximum value is to the right.
PQL
=
Practical quantitation level as defined in
						  N.J.A.C.
						  7:9C-1.4
CASRN
=
Chemical Abstracts System Registration Number
NA
=
not available for this constituent.
a
=
Asbestos criterion is measured in terms of fibers/liter
						  longer than 10 micrometers (f/L >10 [micro]m)
CU
=
Standard Cobalt Units
b
=
Threshold Odor Number
(Total)
means the concentration of metal in an unfiltered
						  sample following treatment with hot dilute mineral acid (as defined in "Methods
						  for Chemical Analysis of Water & Wastes," USEPA-600/4-79-020, March 1979)
						  or other digestion defined by the analytical method. However samples that
						  contain less than 1 nephelometric turbidity unit (NTU) and are properly
						  preserved, may be directly analyzed without digestion.
m
=
Pursuant to prevailing Safe Drinking Water Act rules
						  any positive result for fecal coliform is in violation of the MCL and is
						  therefore an exceedance of the ground water quality criteria.
Table 2
INTERIM GENERIC GROUND WATER QUALITY CRITERIA
Interim Generic Criteria--Synthetic Organic Chemicals
						  (SOCs)
Constituent
Criteria
SOCs defined as carcinogens in
						  N.J.A.C.
						  7:9C-1.4
5 [micro]g/l each
lacking specific or interim specific criteria
25 [micro]g/l total
SOCs defined as non-carcinogens in
						  N.J.A.C.
						  7:9C-1.4
100 [micro]g/l
lacking specific or interim specific criteria
each 500 [micro]g/l
total
Click here
				to view image
Click here
				to view image
Click here
				to view image
Click here
				to view image
Click here
				to view image
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 1 - GENERAL REQUIREMENTS FOR PERMITTING OF WELLS, AND FOR LICENSING OF WELL DRILLERS AND PUMP INSTALLERS, PROCEDURES AND PRACTICES OF THE STATE WELL DRILLERS AND PUMP INSTALLERS EXAMINING AND ADVISORY BOARD › Section 7:9D-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to
				establish standards and requirements for all aspects of well construction and
				decommissioning, such that groundwater is protected, and provide a set of
				licensing standards to ensure that all who engage in well drilling and pump
				installing activities have the education, training, and experience necessary to
				conduct well drilling and pump installation activities in a manner that does
				not compromise the quality of the State's water resources or adversely impacts
				public health.
(b) Unless otherwise
				provided by rule or statute, this subchapter shall constitute the rules
				governing the requirements and standards for the permitting, construction, and
				decommissioning of wells, the standards and requirements for the licensing of
				all well drillers of the proper class and pump installers in accordance with
				N.J.S.A.
				58:4A-4.1 et seq., and the activities,
				duties, procedures, and practices of the State Well Drillers and Pump
				Installers Examining and Advisory Board.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 1 - GENERAL REQUIREMENTS FOR PERMITTING OF WELLS, AND FOR LICENSING OF WELL DRILLERS AND PUMP INSTALLERS, PROCEDURES AND PRACTICES OF THE STATE WELL DRILLERS AND PUMP INSTALLERS EXAMINING AND ADVISORY BOARD › Section 7:9D-1.2 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall be liberally construed to permit the
				  Department and the Board to discharge their statutory functions under
				  N.J.S.A.
				  58:4A-4.1 et seq., the Act.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 1 - GENERAL REQUIREMENTS FOR PERMITTING OF WELLS, AND FOR LICENSING OF WELL DRILLERS AND PUMP INSTALLERS, PROCEDURES AND PRACTICES OF THE STATE WELL DRILLERS AND PUMP INSTALLERS EXAMINING AND ADVISORY BOARD › Section 7:9D-1.3 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter applies to any person, well
				drilling companies, partnerships, corporations, or other entities engaged in
				pump installation, well, or well pump repair, well drilling, well construction,
				maintenance, and decommissioning of wells and to any person licensed under this
				chapter, or seeking a license as a well driller or pump installer of the proper
				class.
(b) Nothing in this chapter
				shall be construed as applying to the drilling of blast holes in quarries or
				mines or to persons licensed pursuant to, and acting in accordance with The
				State Plumbing License Law of 1968, P.L. 1968, c.382 (45:14C-1 et seq.); or to
				excavations and certain activities that do not endanger or threaten subsurface
				or percolating waters or endanger life.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 1 - GENERAL REQUIREMENTS FOR PERMITTING OF WELLS, AND FOR LICENSING OF WELL DRILLERS AND PUMP INSTALLERS, PROCEDURES AND PRACTICES OF THE STATE WELL DRILLERS AND PUMP INSTALLERS EXAMINING AND ADVISORY BOARD › Section 7:9D-1.4 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any section, subsection, provision, clause or portion of
				  this chapter is adjudged unconstitutional or invalid by a court of competent
				  jurisdiction, the remainder of these rules shall not be affected
				  thereby.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 1 - GENERAL REQUIREMENTS FOR PERMITTING OF WELLS, AND FOR LICENSING OF WELL DRILLERS AND PUMP INSTALLERS, PROCEDURES AND PRACTICES OF THE STATE WELL DRILLERS AND PUMP INSTALLERS EXAMINING AND ADVISORY BOARD › Section 7:9D-1.6 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall drill, construct,
				install, repair, replace, modify, stimulate or decommission any well or engage
				in such business without possessing a valid New Jersey well driller's license
				of the proper class unless that activity is performed under the direct and
				immediate on-site supervision of a New Jersey licensed well driller of the
				proper class issued by the Department.
(b) No person shall drill, construct,
				install, or replace a well without first having obtained a well permit pursuant
				to this chapter, except in the case of an emergency under
				7:9D-1.12.
(c) No person shall install, repair, remove,
				alter, or replace a well pump or well pumping equipment or engage in such
				business without being a New Jersey licensed pump installer or New Jersey well
				driller of the proper class or being in the presence of and under the on-site
				supervision of a New Jersey licensed pump installer or a New Jersey licensed
				well driller of the proper class. The name of the person or well drilling
				company engaged in pump installation activities shall be prominently displayed
				on the equipment, including but not limited to, vehicles and large equipment,
				used by the pump installer or well driller.
(d) No person shall conduct any operation
				involving the drilling, coring, boring, driving, jetting, digging, or other
				construction or repair of any well pursuant to
N.J.A.C.
				7:9D-1.11
without being a New
				Jersey well driller of the proper class or being in the presence of and under
				the onsite supervision of a licensed well driller of the proper class. The name
				of the well drilling company shall be displayed on the equipment used by such
				driller.
1. There shall be one licensed well
				driller of the proper class on site for each well drilling rig on
				site.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 1 - GENERAL REQUIREMENTS FOR PERMITTING OF WELLS, AND FOR LICENSING OF WELL DRILLERS AND PUMP INSTALLERS, PROCEDURES AND PRACTICES OF THE STATE WELL DRILLERS AND PUMP INSTALLERS EXAMINING AND ADVISORY BOARD › Section 7:9D-1.7 - General provisions for well driller licenses and pump installer licenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Well driller licenses are classified as follows:
1. A master well driller is authorized to:
i. Drill, construct, install, repair,
				replace, modify, stimulate, disinfect, or disconnect a well of any
				category;
ii. Install, maintain,
				winterize, or replace well pumping equipment and appurtenances, storage tanks,
				and appurtenances and connecting lines between a well and storage tank;
iii. Perform yield and drawdown
				testing of wells;
iv. Supervise
				three or more journeyman well drillers;
v. Certify public non-community and
				non-public well water systems where the mains are less than four inches in
				diameter;
vi. Certify that a well
				has been drilled, constructed, installed, repaired, replaced, modified, or
				stimulated in conformance with all applicable State and well drilling and pump
				installation standards;
vii.
				Qualify as a candidate to be appointed to the Board;
viii. Perform field observations to verify
				qualifications of applicants for all licenses covered by this chapter;
				and
ix. Seal and decommission any
				well in compliance with N.J.A.C. 7:9D-3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 1 - GENERAL REQUIREMENTS FOR PERMITTING OF WELLS, AND FOR LICENSING OF WELL DRILLERS AND PUMP INSTALLERS, PROCEDURES AND PRACTICES OF THE STATE WELL DRILLERS AND PUMP INSTALLERS EXAMINING AND ADVISORY BOARD › Section 7:9D-1.9 - Licensing examination application fees, licensing fees, and renewal requirements for all well driller licenses of the proper class, pump installer licenses, and establishment of special dedicated non-lapsing account

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				All classes of well driller licenses and pump installer licenses shall be
				renewed once every three years on a schedule that applies to all licensees. An
				application for renewal shall be made by submitting: documentation of
				continuing education requirements in accordance with (e) and (f) below and the
				renewal fee prior to June 30.
(b)
				The initial and renewal fees for all licenses issued pursuant to this chapter
				and for late renewals are as follows:
1. All well driller license classes
$
						  300.00
2. Pump installer's license
$ 150.00
3. Late renewal fee
$ 50.00
4.
				Late CEP administration fee $ 500.00
(c) A licensee who fails to satisfy the CEP
				requirements specified at (e) or (f) below, as applicable, by April 1, or fails
				to renew his or her license prior to June 30, may have his or her license
				renewed by completing the following requirements. The licensee shall not
				continue to engage in well drilling and pump installing activities past the
				June 30 expiration of his or her current license until the license renewal
				requirements specified below are completed.
1. Licensees who fail to pay the appropriate
				renewal fee prior to June 30 must:
i. Pay the
				renewal fee required at (b)1 or 2 above, as appropriate;
ii. Pay the late payment fee required at (b)3
				above;
iii. Submit both payments
				specified at (c)1i and ii above to the Department within six months of the
				expiration of the license; and
iv.
				Satisfy all other requirements of this section.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 1 - GENERAL REQUIREMENTS FOR PERMITTING OF WELLS, AND FOR LICENSING OF WELL DRILLERS AND PUMP INSTALLERS, PROCEDURES AND PRACTICES OF THE STATE WELL DRILLERS AND PUMP INSTALLERS EXAMINING AND ADVISORY BOARD › Section 7:9D-1.10 - State Well Drillers and Pump Installers Examining and Advisory Board

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				nine members of the State Well Drillers and Pump Installers Examining and
				Advisory Board are appointed by the Commissioner or his or her
				designee.
(b) The Board shall be
				composed of the following:
1. Three master
				well drillers whose collective experience represents each geologic area of the
				State and each drilling method allowed under this chapter;
2. One member who is a well driller in any
				classification established by the Department;
3. One member not employed by the State and
				who has no pecuniary involvement in well drilling or pump installing;
4. Three representatives of the Department;
				and
5. One licensed pump
				installer.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 1 - GENERAL REQUIREMENTS FOR PERMITTING OF WELLS, AND FOR LICENSING OF WELL DRILLERS AND PUMP INSTALLERS, PROCEDURES AND PRACTICES OF THE STATE WELL DRILLERS AND PUMP INSTALLERS EXAMINING AND ADVISORY BOARD › Section 7:9D-1.11 - Well permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except where the emergency procedures set
				forth in 7:9D-1.12 apply, the owner or
				authorized agent of the land on which the well drilling activity is conducted
				and the New Jersey licensed well driller of the proper class shall sign and
				obtain a valid New Jersey well permit from the Department prior to drilling,
				constructing, installing, physically altering, or redesignating the use of any
				well.
(b) The use of a well shall
				not be redesignated pursuant to (a) above unless the well driller is able to
				verify that the well to be redesignated satisfies all applicable construction
				standards established for the new use of the well.
(c) A site-wide permit may be obtained for 10
				or more wells for the same use, where the borehole and any annular space
				remaining after the installation of equipment necessary for the intended use of
				the well are sealed during construction or where the wells are installed to
				function in a series as part of a system, such as dewatering wells and
				wellpoints, temperature probes, electrodes, injection wells used for
				bioremediation or chemical remediation, wick drain, soil boring, soil vapor
				extraction, air sparge, closed-loop geothermal, cathodic protection, vibrating
				wire piezometer, pneumatic piezometer, and borros anchor.
(d) Well permits are non-transferable and
				valid for a period of one year from the date of issuance, except for well
				permits issued for domestic use, which are valid for a period of two years.
1. If the well is not constructed within the
				appropriate period, a new well permit shall be obtained from the Department
				prior to the start of any well drilling activity.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 1 - GENERAL REQUIREMENTS FOR PERMITTING OF WELLS, AND FOR LICENSING OF WELL DRILLERS AND PUMP INSTALLERS, PROCEDURES AND PRACTICES OF THE STATE WELL DRILLERS AND PUMP INSTALLERS EXAMINING AND ADVISORY BOARD › Section 7:9D-1.12 - Provisions for issuance of emergency well drilling permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department may issue an emergency well permit to minimize actual or avert
				potential harm to human health, the environment, or property.
(b) A well driller requesting an emergency
				well permit under this section shall contact the Department on the day of the
				emergency or, when the emergency occurs after business hours, on a weekend, or
				on a holiday, the next working day thereafter. The well driller must submit a
				completed well permit application via the Department's electronic permitting
				portal prior to the start of any well drilling activity, except as follows:
1. For well permits that cannot be submitted
				electronically, the well driller shall submit the application via facsimile
				pursuant to N.J.A.C. 7:9D-1.17 prior to the start of drilling. Within five
				business days of the emergency well permit number issuance, the well driller
				shall submit to the Department a completed well permit application, including
				the original signatures of the owner and well driller and fees. The Department
				may not issue emergency well permits to applicants who repeatedly fail to
				submit the completed well permit application within five days.
2. The well driller shall not apply for an
				emergency permit for a Category 1 or Category 2 well located in an area
				identified via the Department's well permitting portal as a known contaminated
				area or areas of known or suspected salt water intrusion or when the proposed
				location is within 500 feet of any salt water or brackish water body, without
				prior consultation with the Department. The driller shall contact the
				Department in writing to request consultation regarding construction prior to
				submitting an emergency well permit application.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS › Subchapter 1 - GENERAL REQUIREMENTS FOR PERMITTING OF WELLS, AND FOR LICENSING OF WELL DRILLERS AND PUMP INSTALLERS, PROCEDURES AND PRACTICES OF THE STATE WELL DRILLERS AND PUMP INSTALLERS EXAMINING AND ADVISORY BOARD › Section 7:9D-1.13 - Provisions for issuance of expedited well drilling permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department may issue an expedited well permit for those well permit
				applications initially received via telefax machines or other electronic media.
				The expedited permit processing service can be utilized only in conjunction
				with the special dedicated non-lapsing account established under
				7:9D-1.9(f)  or
				any other Department-approved payment method.
(b) A licensed well driller requesting an
				expedited well permit under this section shall properly complete the
				appropriate well permit application form and send a copy to the Department via
				telefax machine or other electronic media.
(c) Upon receipt of a properly completed
				permit application via electronic media, the Department shall verify that
				sufficient funds exist in the driller's sub-account to cover the appropriate
				well permit fee and the additional fee for the expedited service as per
				7:9D-1.16(b). Upon
				this finding, the Department shall transmit an approved copy of the well permit
				to the licensed driller via telefax machine or other electronic
				media.
(d) The well driller shall
				submit the completed well permit application form (hard copy) to the Department
				within five business days of the expedited well permit number issuance. The
				well driller shall assure that the assigned well permit number is properly
				noted on the application form.
(e)
				An expedited well permit approval may be issued for a public community supply
				well only in those cases where the Department has issued its approval to
				construct the well in accordance with the New Jersey Safe Drinking Water Act
				rules,
N.J.A.C. 7:10
.