reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 2 - PLANS, PLANNING ENTITIES, AND PLANNING RESPONSIBILITIES › Section 7:15-2.7 - Roles of county boards of chosen freeholders, sewerage authorities and municipal authorities, and municipalities

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				A county board of chosen freeholders *or a county executive, where applicable,*
				shall have wastewater management planning responsibility for a WMP area
				consisting of its entire county unless alternative assignments of wastewater
				management planning responsibility are established under N.J.A.C.
				7:15-2.8.
(b) The Passaic Valley
				Sewerage Commissioners (PVSC), joint meetings, county utilities authorities,
				and every sewerage authority and every municipal authority that performs
				sewerage-related functions in at least part of its district shall have the
				responsibility to prepare and submit required elements of a WMP to the WMP
				agency. Upon the request of the WMP agency, the following sewerage-related
				information regarding its district or assigned sewer service area shall be
				provided:
1. The following information for
				any DTW owned or operated by the entity by facility name and NJPDES permit
				number:
i. Identification of any contractual
				obligations to provide sewer service to an area and any associated capacity
				allocation to municipalities, or industrial or commercial customers if not part
				of the municipal allocation, within the district and sewer service area of the
				DTW;
ii. The relationships of the
				municipalities within each sewer service area (for example, sewerage agency
				members versus contract customer communities);
iii. Maps, prepared in accordance with the
				requirements at
7:15-1.7
and
4.3
, showing the name and NJPDES discharge permit number of
				each DTW; and
iv. Any other
				information needed to satisfy the requirements of N.J.A.C. 7:15-4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 2 - PLANS, PLANNING ENTITIES, AND PLANNING RESPONSIBILITIES › Section 7:15-2.8 - Alternative assignment of wastewater management planning responsibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) WMP
				responsibility may be reassigned from a county board of chosen freeholders to a
				municipality, if the municipality requests such responsibility. Requests for
				municipal WMP responsibility shall be made by the municipality as part of an
				application for a revision to an areawide plan or plans under
7:15-3.4
and shall include
				a proposed schedule for submission of the WMP.
(b) If an alternative assignment of WMP
				responsibility is granted to the municipality, the municipality shall have WMP
				responsibility for its entire municipality.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 2 - PLANS, PLANNING ENTITIES, AND PLANNING RESPONSIBILITIES › Section 7:15-2.9 - Coordination of planning activities with regional planning entities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				supports implementation of comprehensive regional plans and, as specified in
				this chapter, will coordinate and integrate water quality planning actions
				undertaken or overseen under this chapter with the following Statewide and
				regional plans and the applicable agencies responsible for their development
				and implementation:
1. The Pinelands
				Comprehensive Management Plan;
2.
				The Highlands Regional Master Plan;
3. The Delaware River Basin Commission
				Comprehensive Plan, as authorized by the Delaware River Basin Compact, Pub. L.
				87-328,
75 Stat. 688 (1961);
4. The Meadowlands Master Plan for the
				Hackensack Meadowlands District established pursuant to Hackensack Meadowlands
				Agency Consolidation Act,
5:10A-1
et
				seq.; and
5. The State Development
				and Redevelopment Plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 3 - PLAN ASSESSMENT, MODIFICATION, AND ADOPTION PROCEDURES › Section 7:15-3.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter establishes the
				requirements for assessing the consistency of proposed projects and activities
				with adopted areawide WQM plans and this chapter. A person may simultaneously
				submit to the Department an application for a modification of an areawide plan
				and any associated permit applications.
(b) This subchapter identifies the types of
				possible modifications to areawide WQM plans and the application requirements
				and procedures applicable to each.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 3 - PLAN ASSESSMENT, MODIFICATION, AND ADOPTION PROCEDURES › Section 7:15-3.2 - Water quality management plan consistency assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				projects and activities affecting water quality shall be developed and
				conducted in a manner that is consistent with this chapter and adopted areawide
				plans. The Department shall not issue a permit or approval that conflicts with
				an adopted areawide plan or this chapter.
(b) The Department shall determine if a
				project or activity is located within an area eligible for sewer service as
				part of the Department's review of a permit application. There is a rebuttable
				presumption that a project or activity that generates wastewater that is
				proposed to be conveyed to a NJPDES regulated wastewater facility is consistent
				with the areawide plan if it is within the sewer service area of the adopted
				areawide plan.
(c) A new wastewater
				treatment facility or a change in the permitted flow to a DTW not already
				addressed in a WQM plan requires a review of the WQM plan.
(d) Except as provided in (f) below, if a
				project or activity proposing use of a wastewater treatment facility is located
				in a non-sewer service area, the project or activity is inconsistent with the
				adopted areawide plan until the applicant resolves the inconsistency by:
1. Modifying the proposed project or activity
				to conform with the areawide WQM plan;
2. Obtaining an amendment under
7:15-3.5
; or
3. Obtaining a revision under
7:15-3.4
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 3 - PLAN ASSESSMENT, MODIFICATION, AND ADOPTION PROCEDURES › Section 7:15-3.3 - Types of modifications to water quality management plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Water
				quality management plans can be modified through a revision as set forth at
7:15-3.4
or amendment as
				set forth at
7:15-3.5
or
5.4
. Amendments are either regional, including WMPs and TMDLs,
				or site specific.
(b) Site specific
				amendments are limited to proposed alterations to eligible sewer service area
				as needed to address a specific project or activity. Site specific amendments
				are either:
1. Site specific amendments for
				proposals to add, either solely or in conjunction with other proposals, areas
				greater than or equal to 100 acres to the sewer service area or that would
				generate 20,000 gallons per day or more of wastewater; or
2. Site specific amendments for proposals to
				add less than 100 acres to the sewer service area and that would generate less
				than 20,000 gallons per day of wastewater.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 3 - PLAN ASSESSMENT, MODIFICATION, AND ADOPTION PROCEDURES › Section 7:15-3.4 - Water quality management plan revisions and revision procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Revisions to areawide WQM plans shall be limited to actions that:
1. Correct or clarify erroneous or unclear
				information in the areawide WQM plan provided the change is not a substantive
				change;
2. Upon application by the
				Pinelands Commission, update a wastewater service area map in accordance with
7:15-4.4(b)
1 to reflect a redesignation of a Pinelands Management Area approved by the
				Pinelands Commission pursuant to N.J.A.C. 7:50-7 or the ordinance certification
				procedures of N.J.A.C. 7:50-3, if the notice of the proposed redesignation
				provides that, if approved, the redesignation could also modify the sewer
				service area in the areawide WQM;
3. Update a wastewater service area map in
				accordance with
7:15-4.4(c)
2, to reflect a Highlands Regional Master Plan map adjustment, Highlands
				center, or Highlands redevelopment area designated by the Highlands Council in
				a Highlands conforming municipality if the notice of the proposed map
				adjustment provided that, if approved, such action could also modify the sewer
				service area in the areawide WQM;
4. Transfer or assign wastewater management
				plan responsibility under
				N.J.A.C.
				7:15-2.8; or
5. Revise schedules for submission of
				wastewater management plans in accordance with
7:15-4.2
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 3 - PLAN ASSESSMENT, MODIFICATION, AND ADOPTION PROCEDURES › Section 7:15-3.6 - Appeals of agency decisions

Current through Register Vol. 56, No. 14, July 15, 2024
A Department decision on an amendment or revision to an
				  areawide WQM plan is a final agency action, and any appeal of that decision
				  shall be taken to the Superior Court, Appellate Division pursuant to the New
				  Jersey Court Rules.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 3 - PLAN ASSESSMENT, MODIFICATION, AND ADOPTION PROCEDURES › Section 7:15-3.7 - Coordination with Pinelands program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance
				with 13:18A-8,
				16 U.S.C. §
										471i(f), and the "Water
				Resources Planning" element (page 221) of the "Surface and Groundwater
				Resources Program" contained in Chapter Seven of the Comprehensive Management
				Plan adopted by the Pinelands Commission on November 21, 1980, comments shall
				be sought from the Pinelands Commission on proposed WQM plan amendments
				pertaining to the Pinelands Area defined at
				13:18A-11 or the Pinelands
				National Reserve defined at
				16 U.S.C. §
										471i(c), to ensure that such
				amendments are consistent with the intent and programs of the Pinelands
				Protection Act,
				13:18A-1 et seq., and section 502
				of the National Parks and Recreation Act of 1978,
				16 U.S.C. §
										471i.
(b) The Department shall seek comments from
				the Pinelands Commission on proposed WQM plan amendments and revisions
				pertaining to the Pinelands Area and Pinelands National Reserve before making
				the decision required by
				7:15-3.4(g)2  or
				7:15-3.5(e), as
				appropriate.
(c) For other
				amendments to WQM plans under
				7:15-3.4(b)1 through (b)4, (i), or
				(k) that automatically incorporate into
				Statewide or areawide WQM Plans any Department or USEPA actions taken through
				rulemaking or other proceedings, any need to seek comments from the Pinelands
				Commission shall be addressed, as necessary, through those proceedings and
				shall not be independently addressed under this section.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 3 - PLAN ASSESSMENT, MODIFICATION, AND ADOPTION PROCEDURES › Section 7:15-3.8 - Validity of site specific water quality management plan amendments and revisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No WQM plan
				amendment or revision hereafter adopted by the Governor or his or her designee
				is valid unless adopted in substantial compliance with this chapter.
(b) Proposed site specific WQM plan
				amendments for which notice has been filed for publication or published in the
				New Jersey Register pursuant to
				7:15-3.4(g)3  or
				3.4(g)5 as of July 7, 2008 shall be subject to the rules in effect on July 6,
				2008. Where the Department disapproves or returns the proposed amendment
				pursuant to
				7:15-3.4(g)8, and
				the applicant submits a new or modified site specific plan amendment, the new
				or modified proposed plan amendment shall be subject to the rules in effect at
				the time of the subsequent submittal.
(c) Proposed WQM plan revisions that have
				been submitted to the Department but not adopted pursuant to
				7:15-3.5(e)1  as
				of July 6, 2008 shall be subject to the rules in effect as of July 7,
				2008.
(d) Site specific amendments
				and revisions adopted prior to July 7, 2008 shall be valid for six years from
				the date of adoption or until the sewer service or wastewater service area is
				revoked under
				7:15-8.1, whichever is
				later.
(e) Site specific amendments
				or revisions adopted after July 7, 2008 shall be valid for six years from the
				date of adoption, unless a wastewater management plan updated in accordance
				with 7:15-5.23 includes the site
				specific amendments or revision.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 3 - PLAN ASSESSMENT, MODIFICATION, AND ADOPTION PROCEDURES › Section 7:15-3.9 - Appeals of Department decisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided in (g) below, within 30 calendar days from receipt by the applicant of
				a written notification from the Department of the decision of the Department
				made pursuant to
				7:15-3.1 or 3.2, 3.4(g)2i or ii or
				3.4(g)8ii through iv, the applicant may request an adjudicatory hearing to
				contest the Department decision by submitting a written request to the
				Department, addressed to the Office of Legal Affairs, ATTENTION: Adjudicatory
				Hearing Requests, Department of Environmental Protection, PO Box 402, 401 East
				State Street, 4th Floor, Trenton, New Jersey 08625-0402. A copy of the request
				shall be submitted to Division of Watershed Management, Department of
				Environmental Protection, P.O. Box 418, 401 East State Street, 7th Floor,
				Trenton, N.J. 08625. The request shall include the following information:
1. The name, address, and telephone number of
				the applicant and its authorized representative if any;
2. The applicant's factual position on each
				question alleged to be at issue, its relevance to the Department's decision,
				specific reference to contested factors as well as suggested revised or
				alternative provisions;
3.
				Information supporting the applicant's factual position and copies of other
				written documents relied upon to support the request for a hearing;
4. An estimate of the time required for the
				hearing (in days and/or hours); and
5. A request, if necessary, for a
				barrier-free hearing location for disabled persons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 3 - PLAN ASSESSMENT, MODIFICATION, AND ADOPTION PROCEDURES › Section 7:15-3.10 - Coordination with Highlands Council

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance
				with the Highlands Water Protection and Planning Act (Highlands Act),
				13:20-1 et seq., and the Highlands
				Water Protection and Planning Act Rules, N.J.A.C. 7:38, the Department shall
				seek comments from the Highlands Council on proposed WQM plan amendments and
				revisions pertaining to the Highlands Region as defined at
				13:20-7, before making the
				decision required by
				7:15-3.4(g)2  or
				7:15-3.5(e), as
				appropriate.
(b) For amendments to
				WQM plans under
				7:15-3.4(b)1 through (b)4, (i), or
				(k) that automatically incorporate into
				Statewide or areawide WQM Plans any Department or USEPA actions taken through
				rulemaking or other proceedings, any need to seek comments from the Highlands
				Council shall be addressed, as necessary, through those proceedings and shall
				not be independently addressed under this section.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 4 - WASTEWATER MANAGEMENT PLANS › Section 7:15-4.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter establishes the
				requirements for the periodic preparation of wastewater management plans
				(WMPs). WMP components include wastewater service area mapping, a wastewater
				treatment capacity analysis, a nitrate dilution analysis, and potential
				strategies to address the potential capacity deficiencies.
(b) The components of a county-wide WMP may
				address the entire county or may be divided into chapters, with each chapter
				addressing an entire municipality within that county.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 4 - WASTEWATER MANAGEMENT PLANS › Section 7:15-4.2 - Development and submittal schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) WMP agencies
				shall submit WMPs as requests to amend areawide plans in accordance with the
				schedule specified in (b) and (c) below. WMPs shall be processed in accordance
				with the procedures specified in
7:15-3.5
.
(b) A WMP meeting the requirements of this
				chapter shall be submitted no later than May 7, 2018, unless the WMP agency
				requests and is granted an alternative submission schedule in accordance with
7:15-3.4
. A WMP prepared
				and adopted in accordance with the rules in effect as of July 7, 2008, will
				satisfy this submission requirement. A WMP component prepared and adopted in
				accordance with the 2008 rules, or
				P.L.
				2011, c. 203, as
				amended and supplemented by P.L. 2013, c. 188, will be accepted as the
				comparable component for a WMP required pursuant to this chapter.
(c) Each WMP agency shall submit an updated
				WMP at least once every 10 years after the WMP submitted in accordance with (b)
				above. The WMP agency may submit an updated WMP prior to expiration of the
				10-year period from the prior WMP. However, approval of an alternative
				submission schedule must be obtained from the Department in accordance with
7:15-3.4
to submit an
				updated WMP more than 10 years after the previously submitted WMP.
(d) If the WMP agency fails to submit a WMP
				in accordance with the time frames specified in (b) and (c) above and
				municipalities do not request WMP planning responsibility in accordance with
				N.J.A.C.
				7:15-2.8 and submit a WMP, the Department may
				prepare and adopt WMP components for sewer service area mapping, wastewater
				treatment capacity analysis, and nitrate dilution capacity analysis for that
				area.
(e) Individual components of
				a WMP may be adopted, returned, or disapproved under
7:15-3.5
independent of
				other components or chapters; however, the minimum scale for these WMP
				components shall be an entire municipality.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 4 - WASTEWATER MANAGEMENT PLANS › Section 7:15-4.3 - Structure and content of wastewater management plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				requirements for each WMP component are set forth below. WMPs should be
				concise, using the minimum feasible narrative and mapping. All pages, tables,
				and figures in WMPs shall be legible and numbered. Specific requirements for
				these descriptions, maps, and analyses are set forth in
7:15-1.7
and this
				subchapter. A WMP shall contain:
1. A title
				page, identifying the name of the WMP, the WMP agency, and areawide WQM plan(s)
				affected, the date submitted, and a blank line for the adoption date (for use
				by the Department). Only the date of the most recent draft shall appear as the
				date submitted;
2. A table of
				contents identifying major text components, tables, figures, and maps, with
				page and map number references;
3.
				A brief summary of actions proposed in the WMP including a description of the
				number of acres added and/or subtracted from the area eligible for sewer
				service and strategies to address any potential capacity deficiencies
				identified in the wastewater treatment capacity or nitrate dilution
				analyses;
4. A narrative section
				with a description of the following:
i. The
				WMP area;
ii. Wastewater treatment
				facilities tables required under (b) below and relationships between and among
				municipalities and the wastewater treatment facilities;
iii. Descriptions of the information used to
				perform the build-out, wastewater treatment capacity, and nitrate dilution
				analyses required under
7:15-4.5
including, but limited to, the sources of the information, supporting, and
				background documentation and other factors considered in preparing the
				WMP;
iv. Results of the wastewater
				treatment capacity and nitrate dilution analyses required pursuant to
N.J.A.C. 7:15-4.5
; and
v. Strategies that demonstrate the potential
				to address capacity deficiencies identified through the analyses; and
5. Maps as required under (c)
				below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 4 - WASTEWATER MANAGEMENT PLANS › Section 7:15-4.4 - Delineation of sewer service areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Areas eligible
				for sewer service shall be determined in accordance with the provisions of this
				section.
(b) In the Pinelands Area,
				areas eligible for sewer service are delineated as follows:
1. The management area designations and
				boundaries established within the Pinelands Comprehensive Management Plan
				(CMP),
N.J.A.C. 7:50
, as Regional Growth Areas, Pinelands
				Towns, Pinelands Villages, and substantially developed portions of a Military
				and Federal Installation Area,* shall constitute the areas eligible for sewer
				service areas; and
2. Any other
				area approved by the Pinelands Commission as appropriate for the development of
				centralized wastewater treatment and collection facilities where the Department
				concurs.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 4 - WASTEWATER MANAGEMENT PLANS › Section 7:15-4.5 - Wastewater capacity analyses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section
				sets forth the content of the wastewater treatment capacity analysis, the
				content of the nitrate dilution analysis, and the requirements to consider
				strategies to address potential capacity deficiencies where there is inadequate
				wastewater infrastructure to serve the existing and future wastewater
				management needs.
(b) The existing
				and future wastewater management needs of each sewer service area of a DTW, or
				industrial wastewater facility that receives wastewater from outside the
				industrial facility boundaries, shall be identified and evaluated in a
				wastewater treatment capacity analysis prepared in conformance with the
				following:
1. For assigned sewer service
				area, the applicant shall identify the existing and projected future flows that
				will be generated.
i. For the purposes of
				this paragraph, the existing flow is the highest consecutive 12 months rolling
				average over the most recent five-year period preceding development of the WMP,
				as reported in the Discharge Monitoring Reports required pursuant to
7:14A-6.8
for the
				facility, or other method approved by the Department if the Department
				determines that the alternate method better predicts flow taking into account
				factors unique to the area, such as significant variability of flows due to
				seasonal population shifts, the effects of weather, or variable volumes of
				combined sewage conveyed to the wastewater treatment facility.
ii. The projected future flow that will be
				generated from future development is calculated in accordance with the
				following:
(1) For urbanized municipalities,
				estimate future wastewater flows by multiplying the population increase
				projected within a 20-year planning horizon from the date of WMP preparation,
				developed using the municipal master plan or other governmental or academic
				source, by a value of 75 gallons per capita per day and adding any known new
				non-residential flows including flows from sources such as expanded or
				redeveloped industries, landfill leachate or septage; and
(2) For municipalities not subject to
				(b)1ii(1) above, estimate build-out future wastewater flows from existing
				development that is not currently connected and future development based on
				flow projections from
7:14A-23.3
,
7:14A-23.2(c)
, or 7:9A, as applicable. Federal lands and areas
				with limited development potential, such as preserved open space or areas
				subject to statutory restrictions, may be excluded from the calculation of
				future flows provided the WMP agency identifies the area to be excluded and the
				reason for exclusion, and the basis for exclusion is approved by the
				Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 5 - 303(D) WATER QUALITY LIMITED WATERS LISTS AND TOTAL MAXIMUM DAILY LOADS › Section 7:15-5.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter sets forth the processes for identifying and
				  listing the 303(d) List of Water Quality Limited Waters, setting the priorities
				  and schedule for development of total maximum daily loads (TMDLs) to address
				  impairments in water quality limited waters, and for developing TMDLs and plans
				  to implement TMDLs.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 5 - 303(D) WATER QUALITY LIMITED WATERS LISTS AND TOTAL MAXIMUM DAILY LOADS › Section 7:15-5.2 - Listing of 303(d) Water Quality Limited Waters

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department shall develop a biennial 303(d) List of Water Quality Limited
				Waters, also known as the "303(d) List" required by Section 303(d) of the
				Federal Clean Water Act,
33
				U.S.C. §
											1313
(d). The 303(d)
				List shall be developed in accordance with the Federal requirements at
40
				CFR 130.7(b)
,
				incorporated herein by reference; Federal information or guidance concerning
				the Clean Water Act Section 303(d), 305(b), and 314 Integrated Reporting and
				Listing Decisions; the USEPA guidance document titled "Information Concerning
				2014 Clean Water Act Sections 303(d), 305(b), and 314 Integrated Reporting and
				Listing Decisions" from Denise Keehner, September 3, 2013 (available at
http://water.epa.gov/lawsregs/lawsguidance/cwa/tmdl/guidance.cfm#program
)
				incorporated herein by reference, as amended and supplemented; and pursuant to
				the process set forth in (b) through (e) below.
(b) The Department shall set forth the
				methods to be used to develop each 303(d) List. These methods, known
				collectively as the "Integrated Water Quality Monitoring and Assessment Methods
				Document" or "Methods Document," shall include:
1. Data quality requirements;
2. Methods to evaluate water quality data to
				assess attainment of applicable water quality criteria and standards as set
				forth in the SWQS at
N.J.A.C. 7:9B
, assess support of
				applicable designated uses, and identify water quality limited waters;
				and
3. The basis for assigning
				priority for development of TMDLs to all waterbody/pollutant combinations on
				the 303(d) List.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 5 - 303(D) WATER QUALITY LIMITED WATERS LISTS AND TOTAL MAXIMUM DAILY LOADS › Section 7:15-5.3 - Total maximum daily loads

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to the
				process set forth in (b) and (c) below, the Department shall develop total
				maximum daily loads (TMDLs) for water quality limited waters in accordance
				with:
1. The Federal requirements at
40
				CFR 130.7(c)
and
				(e), incorporated herein by reference, including all future amendments and
				supplements; and
2. The following
				USEPA guidance documents, incorporated herein by reference, including all
				future amendments and supplements, available at
http://www.nj.gov/dep/wrm/
:
i. USEPA. 2002. EPA Review of 2002 Section
				303(d) Lists and Guidelines for Reviewing TMDLs under Existing Regulations
				issues in 1992. Office of Wetlands, Oceans and Watersheds Memorandum from: C.H.
				Sutfin, dated May 20, 2002;
ii.
				USEPA. 2002. Establishing Total Maximum Daily Load (TMDL) Wasteload Allocations
				(WLAs) for Storm Water Sources and NPDES Permit Requirements Based on Those
				WLAs. Office of Wetlands, Oceans and Watersheds Memorandum from: R.H. Wayland,
				III, dated November 22, 2002;
iii.
				USEPA. 2006. Establishing TMDL "Daily" Loads in Light of the Decision by the
				U.S. Court of Appeals for the D.C. Circuit in
Friends of the Earth,
				Inc. v. EPA, et al.
, No.05-5015, (April 25, 2006) and Implications for
				NPDES Permits. Office of Water Memorandum from: B. H. Grumbles, dated November
				15, 2006; and
iv. USEPA. 2014.
				Revisions to the November 22, 2002 Memorandum "Establishing Total Maximum Daily
				Load (TMDL) Wasteload Allocations (WLAs) for Storm Water Sources and NPDES
				Permit Requirements Based on Those WLAs." Office of Wastewater Management and
				Office of Wetlands, Oceans and Watersheds Memorandum from Andrew D. Sawyers and
				Benita Best-Wong, dated November 26, 2014.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 5 - 303(D) WATER QUALITY LIMITED WATERS LISTS AND TOTAL MAXIMUM DAILY LOADS › Section 7:15-5.4 - Amendment procedures for 303(d) List and TMDLs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department shall propose TMDLs as amendments to areawide WQM plans and shall
				establish 303(d) Lists pursuant to (a)1 through 4 below:
1. The Department shall publish a notice of
				the proposed new 303(d) List, or intent to amend the applicable areawide WQM
				plans for TMDLs, in the New Jersey Register, on the Department's website
http://www.nj.gov/dep/wms/bears/generalinfo.htm
,
				  and electronically to entities that have requested electronic notifications
				  from the Department pursuant to
7:15-1.6(d)
.
				  The public notice shall specify the means to access the subject document
				  electronically or by hard copy and the procedure for submitting comments. The
				  Department may determine to hold a nonadversarial public hearing in
				  anticipation of sufficient public interest. If so, the location, time and place
				  of the hearing will be identified in the notice. If a public hearing is to be
				  held, notice will be provided at least 30 days prior to the public hearing and
				  the comment period will remain open until 15 days after the public
				  hearing;
2. The Department
				may alternatively determine to hold a nonadversarial public hearing in response
				to expression of sufficient public interest, as defined under
7:1D-5.2
, received within
				30 days of the publication of the notice in (a)1 above. If the Department
				determines to hold a nonadversarial public hearing in response to a request,
				notice of the public hearing shall be provided in accordance with (a)1 above.
				The Department shall additionally provide notice of the public hearing to those
				requesting the hearing;
3. At the
				conclusion of the public comment period, the Department will make any
				appropriate revisions to the document(s) and prepare a written response to the
				comments. The Department shall either:
i.
				Establish the 303(d) List or the TMDL as proposed;
ii. Establish all or portions of the 303(d)
				List or the TMDL with changes which do not effectively destroy the value of the
				public notice regarding the proposed 303(d) List or TMDL, as applicable;
				or
iii. Re-propose in accordance
				with (a)1 above, all or portions of the 303(d) List or the TMDL with
				substantive changes; and
4. The Department shall submit the
				established 303(d) List or the established TMDL, including the response to
				comments received, to the USEPA for approval.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 5 - 303(D) WATER QUALITY LIMITED WATERS LISTS AND TOTAL MAXIMUM DAILY LOADS › Section 7:15-5.6 - Responsibility of sewerage authorities and municipal authorities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Passaic
				Valley Sewerage Commissioners (PVSC), joint meetings, county utilities
				authorities, and every sewerage authority and every municipal authority that
				performs sewerage-related functions in at least part of its district shall
				provide, upon the request of the WMP agency, the following sewerage-related
				information regarding its district or wastewater service area to the wastewater
				management planning agency or agencies responsible for a wastewater management
				plan area in which it lies partially or wholly within:
1. The name and NJPDES discharge permit
				number of any DTW owned or operated by the entities in (a) above;
2. The existing permitted flow of each named
				DTW in million gallons per day;
3.
				The actual wastewater flow, by municipality, for each municipality within the
				sewer service area of each named DTW in million gallons per day;
4. The capacity allocation to each
				municipality within the sewer service area of each named DTW in million gallons
				per day;
5. A description of the
				legal or financial arrangement concerning the capacity allocation in (a)4
				above;
6. Identification of
				committed flow not presently connected to each named DTW in million gallons per
				day for each municipality within the sewer service area;
7. Any information relevant to a future DTW
				expansion demonstrated to be needed in accordance with
				7:15-5.25(d),
				including, but not limited to, stream studies or effluent
				characteristics;
8. Identification
				of any wasteload allocations in a total maximum daily load assigned to any
				named DTW and a proposed schedule to meet any non-compliance with the wasteload
				allocation;
9. Maps, prepared in
				accordance with the requirements at
				7:15-5.20, showing the name, NJPDES
				discharge permit number, and the existing collection and conveyance systems of
				any named DTW; and
10. Any other
				information needed to satisfy the requirements of
				7:15-5.16.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 5 - 303(D) WATER QUALITY LIMITED WATERS LISTS AND TOTAL MAXIMUM DAILY LOADS › Section 7:15-5.8 - Responsibility of municipalities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the
				request of the WMP agency, every municipality shall provide the following
				information to the wastewater management planning agency:
1. Ordinances as required to demonstrate
				compliance with
				7:15-5.25(f)2 
				iii, (g)1, (g)3 or (g)6;
2. A map,
				prepared in accordance with the requirements at
				7:15-5.20, identifying any public
				water supply service areas;
3.
				Where applicable, a septic management plan in accordance with
				7:15-5.25(e)3;
4. In addition to (a)1 through 3 above, for
				urbanized municipalities provide:
i.
				Population projections; and
ii.
				Employment projections; and
5. In addition to (a)1 through 3 above, for
				municipalities not subject to (a)4 above provide:
i. The current zoning map and associated
				ordinances; and
ii. A modified
				zoning map and associated ordinances as revised to demonstrate compliance with
				7:15-5.25, as applicable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 5 - 303(D) WATER QUALITY LIMITED WATERS LISTS AND TOTAL MAXIMUM DAILY LOADS › Section 7:15-5.13 - Alternative assignment of wastewater management plan responsibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Alternative
				assignments of wastewater management plan responsibility, different from the
				assignment set forth in
				7:15-5.4, shall be made and
				subsequently changed as revisions to WQM plans under
				7:15-3.5.
(b) The Department may assign wastewater
				management plan responsibility to a municipality, if the municipality requests
				such responsibility and provided that the county WMP agency has not submitted
				or stipulates it does not intend to submit a WMP. As part of the application,
				municipalities requesting wastewater management plan responsibility must
				certify that the information it was required to submit at
				7:15-5.8 was submitted to the
				county. Requests for municipal wastewater management plan responsibility shall
				be made by the municipality as part of an application for a revision to an
				areawide WQM plan or plans under
				7:15-3.5. A municipality that
				becomes the wastewater management planning agency for itself through alternate
				assignment of wastewater management plan responsibility may submit a wastewater
				management plan directly to the Department.
(c) A municipality that becomes the
				wastewater management planning agency in accordance with (b) above shall have
				90-days after the date of adoption of the revision assigning it wastewater
				management planning responsibility to submit its wastewater management
				plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 5 - 303(D) WATER QUALITY LIMITED WATERS LISTS AND TOTAL MAXIMUM DAILY LOADS › Section 7:15-5.14 - Wastewater management plan partition by municipality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A county-wide
				wastewater management plan shall include an independent chapter for each
				municipality in the county. Each chapter shall address the entire
				municipality.
(b) Each chapter
				within a county-wide wastewater management plan may be adopted, returned or
				disapproved under
				7:15-3.4(g)2  and
				8 independent of other chapters.
(c) Where a wastewater management plan
				chapter has not been submitted or adopted for a municipality in accordance with
				the provisions at
				7:15-5.2 or the schedule
				established at
				7:15-5.23, wastewater service area
				designations within that municipality shall be withdrawn in accordance with
				7:15-8.1.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 5 - 303(D) WATER QUALITY LIMITED WATERS LISTS AND TOTAL MAXIMUM DAILY LOADS › Section 7:15-5.15 - Contents of wastewater management plans; general statement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each wastewater
				management plan shall consist of written and electronic descriptions and maps
				of existing and future wastewater-related jurisdictions and wastewater service
				areas, public water supply service area served by each purveyor, and of
				selected environmental features. A wastewater management plan shall also
				include written and electronic descriptions and maps of specified categories of
				existing and future treatment works, if such treatment works presently exist or
				are necessary to meet anticipated wastewater management needs. More specific
				requirements for these written and electronic descriptions and maps are set
				forth in 7:15-5.16 through 5.20, 5.24 and
				5.25 and 7:15-8.
(b) In accordance
				with 7:15-5.16 through 5.20 and 5.25 and
				7:15-8, each wastewater management plan shall address all types of DTW and all
				methods of domestic wastewater disposal, including, but not limited to,
				individual subsurface sewage disposal systems, discharges to surface water and
				discharges to ground water to the extent that such DTW and methods of domestic
				wastewater disposal presently exist or are necessary to meet anticipated
				wastewater management needs. In accordance with
				7:15-5.16 through 5.20 and 5.25 and
				7:15-8, each wastewater management plan shall provide information about
				specified categories of industrial treatment works.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 5 - 303(D) WATER QUALITY LIMITED WATERS LISTS AND TOTAL MAXIMUM DAILY LOADS › Section 7:15-5.17 - Mapping features requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each wastewater
				management plan shall include mapping of each of the following features in the
				wastewater management plan area, and in any additional wastewater service area
				identified in that wastewater management plan under
				7:15-5.18(c)4,
				5.24, or 5.25:
1. Coastal wetlands that have
				been mapped by the Department under the Wetlands Act of 1970,
				13:9A-1 et seq.;
2. Other freshwater and estuarine wetlands,
				based on maps prepared by the Department under the Freshwater Wetlands
				Protection Act, N.J.S.A. 13:9B-25c;
3. Flood prone areas, based on the following
				information sources in order of preference:
i. Delineations of flood hazard areas made by
				the Department under the Flood Hazard Area Control Act,
				58:16A-50 et seq., where such
				delineations exist;
ii.
				Delineations of flood hazard areas by the Federal Emergency Management Agency
				under the National Flood Insurance Program,
				42 U.S.C.
				§§
												4001-
				4128;
4. Public open space and
				recreation areas that include at least 10 acres of undeveloped land, including:
i. National recreation areas, wildlife
				refuges, and historical parks administered by the United States Department of
				the Interior;
ii. State and
				interstate parks, forests, wildlife management areas, natural areas, and
				recreation areas administered by the Department or the Palisades Interstate
				Park Commission; and
iii. County
				and municipal parks, reservations, preserves, and other conservation or
				recreation areas;
5.
				River areas designated under the New Jersey Wild and Scenic Rivers Act,
				13:8-45 et seq., or the Federal
				Wild and Scenic Rivers Act,
				16 U.S.C. §§
											1278 et seq.;
6. Category One waters, trout production
				waters, and trout maintenance waters designated in the Department's Surface
				Water Quality Standards, N.J.A.C. 7:9B, based on the Department's maps of such
				waters; and
7. Surface waters, as
				mapped on the Department's geographic information systems (GIS) hydrography
				coverage;
8. Suitable habitat for
				endangered and threatened species as identified on the Department's Landscape
				Maps of Habitat for Endangered, Threatened and Other Priority Wildlife as Rank
				3, 4 and 5;
9. Natural Heritage
				Priority Sites;
10. Riparian
				zones;
11. Steep slopes, if
				available;
12. Current composite or
				municipal zoning;
13. Municipal
				parcel mapping, if available;
14.
				All undeveloped and underdeveloped property, which could support additional or
				new sewage generating development, under current zoning;
15. All existing water service areas as
				defined at 7:10-11.5(c)6;
				and
16. All areas where sanitary or
				combined sewer collection and conveyance systems exist.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 5 - 303(D) WATER QUALITY LIMITED WATERS LISTS AND TOTAL MAXIMUM DAILY LOADS › Section 7:15-5.18 - Future wastewater jurisdictions, wastewater service areas, and domestic treatment works

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance
				with the provisions of this section,
				7:15-5.24 and 5.25, each wastewater
				management plan shall include a description of wastewater service areas and DTW
				necessary to meet anticipated wastewater management needs over a 20-year period
				for urbanized municipalities or at build-out for all other municipalities. The
				description shall include:
1. Cost-effective,
				environmentally sound wastewater management, including regional management
				where appropriate; and
2.
				Examination of specific wastewater management alternatives as part of the
				preparation of the wastewater management plan in accordance with
				7:15-5.25. The Department shall
				require such examination to include analysis of critical economic, social,
				environmental, or institutional factors pertaining to such
				alternatives.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 15 - WATER QUALITY MANAGEMENT PLANNING › Subchapter 5 - 303(D) WATER QUALITY LIMITED WATERS LISTS AND TOTAL MAXIMUM DAILY LOADS › Section 7:15-5.19 - Individual subsurface sewage disposal systems and other small domestic treatment works in sewer service areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In sewer
				service areas depicted under
				7:15-5.18(c)4  or
				5, a wastewater management plan may require the construction of DTW identified
				in 7:15-4.4(a)1  or 2
				to be accompanied by construction of collection system sewers that would be
				used when the depicted sewer service becomes available. This requirement shall
				exist only if it is specifically stated in the wastewater management
				plan.
(b) A wastewater management
				plan shall require that individual subsurface sewage disposal systems for
				individual residences can be constructed in depicted sewer service areas only
				if legally enforceable guarantees at the local government level are provided
				before such construction that use of such systems will be discontinued when the
				depicted sewer service becomes available.
(c) A wastewater management plan shall not
				apply requirements under (a) or (b) above to individual subsurface sewage
				disposal systems that do not require certifications from the Department under
				58:11-25.1 or individual permits
				from the Department under N.J.A.C. 7:14A, unless that wastewater management
				plan includes adequate arrangements for enforcement of such requirements by one
				or more substate governmental units.
(d) Estimated wastewater flows under
				7:15-5.18(d)8 and
				(e)3 shall include flows that will be
				received when use of DTW identified in
				7:15-4.4(a)1  and
				2 is discontinued when depicted sewer service becomes available.