N.J. Admin. Code § 7:15-5.2 - Listing of 303(d) Water Quality Limited Waters
(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.
(c)
From time to time, the Department may revise the Methods Document prior to the
development of the 303(d) List. If the Department proposes a revised Methods
Document, the Department shall provide the public with the opportunity to
review and comment on the draft Methods Document prior to development of the
corresponding 303(d) List in accordance with (c)1 and 2 below:
1. The Department shall post the draft
Methods Document and an announcement of its availability for public comment on
its website at http://www.nj.gov/dep/wms/bears/generalinfo.htm.
The Department shall also publish a notice in the New Jersey Register to
request public comment and will announce the availability of the document
electronically to entities that have requested electronic notifications from
the Department pursuant to 7:15-1.6(d).
The public will be afforded the opportunity to review and comment on the
proposed Methods Document during the comment period established in the public
notice.
2. Following the public
comment period, the Department may make revisions to the draft Methods Document
and will post the final Methods Document at
http://www.nj.gov/dep/wms/bears/generalinfo.htm.
(d) The Department shall provide
the public with the opportunity to submit water quality data to be considered
in the development of the 303(d) List. The Department shall publish data
submission requirements and deadlines in the New Jersey Register, on its
website at 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).
(e) The Department shall propose each 303(d)
List, provide an opportunity for public comment, and adopt the 303(d) List in
accordance with 7:15-5.4.
Notes
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