N.J. Admin. Code § 7:15-5.3 - Total maximum daily loads
(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.
(b) A TMDL document shall include the
following components:
1. An identification of
water(s), pollutant(s) of concern, pollutant sources and the priority for the
subject TMDL as identified in the 303(d) List;
2. A description of applicable water quality
standards and the water quality target(s) selected for the pollutant(s) of
concern;
3. Identification of
critical conditions considering seasonal variation;
4. The loading capacity of the segment with
respect to the pollutant(s) of concern under the identified critical conditions
and identification of the means used to relate actual and predicted water
quality to pollutant loads;
5.
Allocation of the loading capacity among the following:
i. Load allocations for nonpoint sources of
pollutant load;
ii. Wasteload
allocations for point sources of pollutant load;
iii. A margin of safety required to include
the overall load reductions required to account for uncertainties in the data
used in the analysis, the model or other tool use to link water quality and
pollutant loads, or the effectiveness of controls available to reduce pollutant
loads; and
iv. An optional reserve
capacity to allow for future growth;
6. An implementation plan that shall include
the strategies designed to achieve attainment of the Surface Water Quality
Standards or other more stringent target, a proposed schedule for
implementation, and the methods to measure the effectiveness of the strategies;
and
7. A summary of the
opportunities provided and outcomes of public participation in the development
of the TMDL.
(c) In
addition to the public participation opportunities identified at
7:15-5.4, the Department
may provide opportunities for public participation in the TMDL development
process, based upon anticipated interest, which may include the following:
1. The Department may hold one or more
informational meetings, at any point during the development of a TMDL and
solicit comments on the components of the TMDL; and
2. The Department may inform or consult with
the public through web postings or electronic communication with groups or
individuals that have an interest in the affected watershed, regarding
components of the TMDL.
Notes
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