Christie Administration Proposes Overhaul to Water Quality Management Rule

Public Hearing on November 10 in Morris Township

Oct 19, 2015

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MORRIS COUNTY — The Christie Administration today proposed a significant overhaul to the state’s Water Quality Management Planning (WQMP) rule that will provide county and local planning agencies with flexibility to maintain high standards of environmental protection while balancing opportunities for economic growth, N.J. Department of Environmental Protection Commissioner Bob Martin announced today.

The Water Quality Management Planning rule requires local planning agencies to identify areas suitable for wastewater infrastructure based upon the ecological capacity of water bodies to accept future wastewater, as well as other environmental factors.

The proposed WQMP rule, published in the New Jersey Register, will give county and local planning agencies more flexibility in making land-use decisions and evaluating environmental impacts when mapping areas suitable for wastewater infrastructure.

It also will eliminate duplication of overlapping DEP regulatory requirements to provide for greater consistency and clarity as plans are developed.

There will be three public hearings, including a November 10 hearing at the Frelinghuysen Arboretum–Haggerty Center– in Morris Township.

“These revisions are consistent with the Governor’s goals of reducing unnecessary red tape while maintaining the high standards of environmental protection New Jersey residents expect,” Commissioner Martin said.

“Through these rule changes, the DEP is adopting an approach to water quality protection that recognizes that sound planning can and does occur at the local level. We will foster better planning by providing county and local planners with the flexibility to consider a range of options to address issues and solve problems.”

Specifically the proposed rule will:

Provide for comprehensive planning of water quality infrastructure to better protect the environment in the long term;

Limit where sewers can be located, thus allowing denser development only in those areas that are not environmentally sensitive and where it is consistent with local zoning;
Protect groundwater quality by setting goals for nitrate dilution from septic systems;

Allow counties and other planning entities more flexibility in preparing water quality plans;

Promote more cooperation between the DEP and counties in finding solutions to environmental issues;

Allow for the continuation of approvals of sewer service area amendments consistent with environmental standards and local planning objectives;

Defer to management plans for the Pinelands and Highlands concerning development decisions in those regions; and

Enhance the DEP’s ability to resolve capacity issues at wastewater treatment plants.

County and local planning agencies will have a year following final adoption of the rule to adopt wastewater management plans. At its discretion, the DEP may choose to develop plans for any agencies that do not meet this deadline.

“Through these changes, the DEP will be able to work collaboratively – not as adversaries – with county and local planning agencies, who know their communities best, to achieve the shared goal of sound planning policies that protect the ecologically sensitive areas that ought to be protected and direct development to where it is appropriate,” said Dan Kennedy, DEP’s Assistant Commissioner for Water Resources Management.

The DEP is concurrently proposing a related Capacity Assurance Program (CAP) rule to ensure that wastewater treatment systems avoid overloads that could result in discharges that don’t meet water quality requirements.

While the WQMP rule takes a longer-term look at future circumstances and development, the CAP rule focuses on the near-term implementation of capital improvements or other measures to handle today’s flows.

The DEP has been meeting with stakeholders since 2012 to identify and correct numerous problems with the existing Water Quality Management Planning Rule, adopted by a previous administration in 2008.

Many counties were unable to complete a requirement that they prepare extremely detailed wastewater management plans, which include detailed projections of growth and sewer capacity, in part because this required zoning impacts that could only be decided at the municipal level. This hampered the adoption of sewer service area mapping that is essential to sound planning and environmental protection.

This rule also was extremely complex, overly broad, lacked flexibility, was duplicative of existing planning requirements, and deterred economic growth in areas where development is appropriate.

Despite additional guidance and time provided by both the Legislature and DEP, county planning agencies were having an extremely difficult time meeting deadlines and complying with the rule. The current rule proposal has been deemed consistent with the goals of the State Development and Redevelopment Plan by the State Smart Growth Ombudsman.

Today’s publication in the Register triggers a 60-day public comment period ending December 18, 2015. Comments may be submitted electronically by clicking here or in writing to:

Gary J. Brower, Esq.

Attention: DEP Docket Number 10-15-09

Office of Legal Affairs

New Jersey Department of Environmental Protection

401 East State Street, 7th Floor

Mail Code 401-04L; P.O. Box 402

Trenton, NJ 08625-0402

Public hearings will be held on the following dates:

Tuesday, November 10, 1:00 p.m. to 4:00 p.m.

Freylinghuysen Arboretum

Haggerty Room

353 East Hanover Avenue

Morris Township, NJ 07962

Tuesday, November17, 5:00 p.m. to 8:00 p.m.

Gloucester County Clayton Complex

Clayton Auditorium

1200 Delsea Drive

Clayton, NJ 08312

Monday, November 30, 10:00 a.m. to 1:00 p.m.

DEP Public Hearing Room

401 East State Street

Trenton, NJ 08625

For more information, including FAQs, guidance documents and the full versions of the WQMP rule proposal and concurrent CAP rule proposal, click here.