N.J. Admin. Code § 7:14A-22.16 - Capacity assurance program

(a) If the average flow over 12 consecutive months, as reported in DMRs by the permittee of a treatment plant, reaches or exceeds 95 percent of the permitted flow of that treatment plant, the permittee, in coordination with participating municipalities and sewage authorities, shall:

1. Conduct a capacity analysis that assesses the treatment works; evaluates alternative measures that would maximize conveyance and treatment of existing flows, reduce or maintain existing flows below permitted flow, and/or increase the capacity of the treatment works; identifies the alternative(s) that will be implemented; establishes an implementation schedule; and identifies the financing mechanism(s) for the selected alternatives;

2. Submit the capacity analysis report described at (c) below to the Department within 180 days after the last day of the final month of the 12-consecutive-month period; and

3. Beginning the last day of the month following the date the threshold at (a) above is met, and on a quarterly basis thereafter, submit a completed WQM007 Form to the Department at: Municipal Finance and Construction Element, Bureau of Financing and Construction Permits, PO Box 420; Mail Code 401-03D, Trenton, NJ 08625-0420.

(b) Within 180 days of notification by the Department, the permittee of a treatment plant at which the NJPDES permitted flow is occasionally exceeded during wet weather events shall conduct a capacity analysis as described at (a)1 above and submit a capacity analysis report as described at (c) below.

(c) The capacity analysis report submitted under (a) or (b) above or (d) below shall include:

1. An assessment of the treatment works, including:

i. Dry weather treatment capacity at the plant;

ii. Wet weather treatment capacity at the plant;

iii. Sources and extent of inflow and infiltration;

iv. Amount of flow for connections for which TWAs have been issued but which are not yet in operation, and projected flows to accommodate growth within the service area over the next 20 year period;

v. Current operation and maintenance practices that maximize conveyance and treatment;

vi. Planned improvements to the treatment works;

vii. Pending applications for NJPDES permits and treatment works approvals related to the capacity of the treatment works; and

viii. Compliance status, including NJPDES permit violations and known sanitary sewer overflows.

2. Based on the assessment of the treatment works described at (c)1 above, an evaluation of alternative measures that would maximize conveyance and treatment of existing flows, reduce or maintain existing flows below permitted flow at the treatment plant and ensure adequate conveyance capacity, and/or increase the capacity of the treatment works. This evaluation shall include, at a minimum:

i. A review of current and proposed water conservation measures to reduce flow;

ii. Strategies to reduce infiltration;

iii. Strategies to reduce inflow from sanitary sewer lines, including disconnection of roof leaders, sump pumps, and other sources of inflow, and redirect the inflow to storm sewer lines to the extent feasible;

iv. Strategies to maximize current conveyance and treatment capacity including changes to current operation and maintenance practices or increases in permitted flow at the treatment plant; and

v. Capital improvements to expand existing conveyance or treatment capacity;

3. The identification of and justification for the measure(s) selected based on the evaluation of alternatives described at (c)2 above;

4. An implementation schedule for the selected alternative(s), including any necessary continued assessment of infiltration and inflow and changes to rules, ordinances, and sewer use agreements of the permittee, participating municipalities, and/or sewage authorities. The implementation schedule shall provide for the revision of relevant operation and maintenance and asset management plans to incorporate the selected alternative(s) and the submittal of quarterly progress reports to the Department;

5. A description of the mechanisms to be used to finance the selected alternative(s); and

6. A certification signed in accordance with N.J.A.C. 7:14A-4.9 that the selected alternative(s) will be undertaken in accordance with the implementation schedule.

(d) Within 180 days of notification by the Department, the owner or operator of a conveyance system shall conduct a capacity analysis as described at (a)1 above and submit a capacity analysis report as described in (c) above. The following are causes for requiring a capacity analysis and report under this subsection:

1. Existing flows to the treatment works approach the design capacity of the conveyance system;

2. Excessive infiltration and inflow exists in the conveyance system;

3. The conveyance system is hydraulically connected to a combined sewer system or a treatment plant that receives flow from municipalities with a combined sewer system;

4. There has been an unpermitted discharge from the treatment works, including sanitary sewer overflows; or

5. The 12-consecutive-month average flow equals or exceeds 95 percent of the permitted flow at the receiving treatment plant and any municipality or sewage authority has not cooperated with the permittee to conduct the capacity analysis required pursuant to (a) above.

(e) Upon approval by the Department of a program submitted pursuant to (a), (b), or (d) above, the permittee or the owner or operator of the conveyance system shall:

1. Give public notice of the program in a manner designed to inform local residents, developers, the local planning board, and other affected persons. Such notice shall include the following information:

i. The name, mailing address, and telephone number of the owner of the treatment works;

ii. If applicable, the permitted flow of the treatment plant;

iii. If applicable, the existing flow to the treatment plant;

iv. A statement that the treatment plant has reached its permitted flow or the conveyance system has met one of the criteria in (d) above and the possibility exists that a sewer connection ban will be imposed or that the Department may cease to issue treatment works approvals for projects that convey flow to the treatment plant; and

v. A description of the sewer service area including the participating municipalities; and

2. Make a copy of the capacity analysis report available to the public on the website and at the office of the permittee or of the owner or operator of the conveyance system.

(f) If the threshold in (a) above is met and the permittee anticipates that additional flows will result in any of the criteria at N.J.A.C. 7:14A-22.17 being met, the permittee shall prepare for the imposition of a sewer connection ban in accordance with N.J.A.C. 7:14A-22.18.

(g) If the Department determines that the permittee, any of the participating municipalities, a sewage authority, or the owner or operator of a conveyance system does not submit a capacity analysis report that meets the requirements of this section or is not implementing capacity assurance measures in accordance with (a) through (f) above, the Department may cease the further issuance of treatment works approvals for additional flow to the plant. In the event that such a decision is made, the Department, at its discretion, may grant exceptions for projects that require a TWA providing the project meets the sewer ban exemption criteria specified in N.J.A.C. 7:14A-12.22.

(h) The permittee may submit a request to discontinue quarterly submittal of the WQM007 Form required under (a) above if the permittee has completed the selected alternative(s) in (c) above as approved by the Department and can demonstrate that flow, as reported in DMRs, has decreased to below 95 percent of the permitted flow for 36 consecutive months. The Department's approval of such request does not exempt that permittee from the application of the requirements of this section in the future.

(i) Neither this section nor the provisions of 7:14A-22.17 shall apply to industrial treatment works that are direct dischargers to the waters of the State.

Notes

N.J. Admin. Code § 7:14A-22.16

Amended by 49 N.J.R. 1191(a), effective 5/15/2017