N.J. Admin. Code § 7:15-3.2 - Water quality management plan consistency assessment

(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 N.J.A.C. 7:15-3.5; or

3. Obtaining a revision under N.J.A.C. 7:15-3.4.

(e) Interested persons may comment on the consistency of Department permits with areawide WQM plans, where there is a public review process associated with the permit action, through the appropriate draft or final permit public review and comment process. Such comments shall be taken into consideration prior to the issuance of a final permit.

(f) The following projects or activities shall be deemed consistent with adopted areawide plans:

1. Removal or remedial actions performed or required by the Department or by Federal agencies or by their agents, under the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq., or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601 et seq., or under other statutes authorizing Department or Federal removal or remedial actions for hazardous substances;

2. Interim construction or interim expansion of, or interim connection with, domestic or industrial treatment works that are required by law to be abandoned or incorporated at a definite time into other treatment works:

i. That are under construction;

ii. For which contracts have been awarded for construction; or

iii. Whose construction is required by court order or Department order, or by a consent agreement to which the Department is a party;

3. Expansions or improvements to treatment works to reduce or eliminate CSOs as authorized by a NJPDES permit;

4. The initial performance of emergency activities, including emergency activities allowed by emergency permits issued pursuant to N.J.A.C. 7:14A-6.14;

5. Activities identified under N.J.A.C. 7:14A-22.4 as not requiring treatment works approval;

6. Treatment works components that only handle residual, and residual use or disposal practices defined at N.J.A.C. 7:14A-1.2 authorized in permits issued by the Department consistent with the Statewide Sludge Management Plan;

7. Industrial treatment works that only treat wastewater generated from on-site activities, except that these discharges shall comply with any wasteload allocation established in an adopted TMDL;

8. A permanent holding tank that complies with N.J.A.C. 7:14A-22.13(c);

9. Discharges to ground water of non-contact cooling water or discharges to ground water of filter backwash water from potable water treatment plants; or

10. General permit authorizations for an approved general permit issued pursuant to N.J.A.C. 7:14A-6.13, with the exception of new or expanded school(s) that require an expansion of the existing sewer service area.

(g) For projects or activities in the Highlands preservation area, a complete application for a consistency determination review shall include all relevant information identified pursuant to N.J.A.C. 7:38-9.2 or 9.5. The Department shall perform consistency determination reviews for projects and activities in the Highlands preservation area in accordance with N.J.A.C. 7:38-11.2, 11.3, and 11.7.

Notes

N.J. Admin. Code § 7:15-3.2

Amended by 48 N.J.R. 2244(a), effective 11/7/2016