N.J. Admin. Code § 7:15-5.6 - Responsibility of sewerage authorities and municipal authorities

(a) The Passaic Valley Sewerage Commissioners (PVSC), joint meetings, county utilities authorities, and every sewerage authority and every municipal authority that performs sewerage-related functions in at least part of its district shall provide, upon the request of the WMP agency, the following sewerage-related information regarding its district or wastewater service area to the wastewater management planning agency or agencies responsible for a wastewater management plan area in which it lies partially or wholly within:

1. The name and NJPDES discharge permit number of any DTW owned or operated by the entities in (a) above;

2. The existing permitted flow of each named DTW in million gallons per day;

3. The actual wastewater flow, by municipality, for each municipality within the sewer service area of each named DTW in million gallons per day;

4. The capacity allocation to each municipality within the sewer service area of each named DTW in million gallons per day;

5. A description of the legal or financial arrangement concerning the capacity allocation in (a)4 above;

6. Identification of committed flow not presently connected to each named DTW in million gallons per day for each municipality within the sewer service area;

7. Any information relevant to a future DTW expansion demonstrated to be needed in accordance with 7:15-5.25(d), including, but not limited to, stream studies or effluent characteristics;

8. Identification of any wasteload allocations in a total maximum daily load assigned to any named DTW and a proposed schedule to meet any non-compliance with the wasteload allocation;

9. Maps, prepared in accordance with the requirements at 7:15-5.20, showing the name, NJPDES discharge permit number, and the existing collection and conveyance systems of any named DTW; and

10. Any other information needed to satisfy the requirements of 7:15-5.16.

(b) Except as provided in (c) below, a municipal authority performs "sewerage-related functions" if it:

1. Owns, leases, constructs, operates, or maintains sewerage facilities, or is a party to a contract providing for or relating to sewerage facilities;

2. Regulates the construction or use of sewerage facilities;

3. Is a permittee or co-permittee under N.J.A.C. 7:14A for a DTW, or has applied to be such a permittee or co-permittee;

4. Seeks WQM plan amendments for sewerage facilities;

5. Receives or seeks to receive Federal or State financial assistance for sewerage facilities; or

6. Is required by statute, rule, contract, court order, Department order, consent agreement, or other legal obligation to perform any of the activities listed in (b)1 through 5 above.

(c) The activities listed in (b)1 through 6 above shall not be considered "sewerage-related functions" if such activities are:

1. Performed solely to carry out the municipal authority's water supply, solid waste, chemical or hazardous waste, or hydroelectric power functions; or

2. Pertain solely to sewage that arises on property owned or leased by the municipal authority, and that is conveyed to sewerage facilities not owned, leased, operated, or maintained by the municipal authority.

(d) The Department may, at any time, send a letter to any municipal authority, requesting that authority to declare in writing whether or not that authority performs any of the sewerage-related functions listed under (b) and (c) above. If that authority does not make such a declaration within 90 calendar days of receipt of the letter, the Department shall, in the absence of information to the contrary, presume that the authority performs sewerage-related functions.

(e) Where one or more entity has responsibility for an area within one or more wastewater management planning areas, each entity shall provide all necessary sewerage-related information in accordance with (a) above regarding their district to each wastewater management planning agency responsible for wastewater management planning within the entity's district.

(f) For purposes of (e) above, "overlap" exists when the district of one authority is partially or completely within, or identical to, the district of one or more other authorities.

Notes

N.J. Admin. Code § 7:15-5.6