Water Quality Management Planning in New Jersey

presented by Raymond A. Ferrara, Ph.D. Omni Environmental LLC

June 8, 2012

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Enabling Legislation !   1977 Federal Clean Water Act (a.k.a. FWPCA)

!   Section 208 Areawide Waste Treatment Management Plans (come to be known as WQMPs)

!   Section 303d Water Quality Limited Waterbodies !   Section 303e Continuing Planning Process

!   1977 NJ Water Quality Planning Act !   N.J.S.A. 58:11A !   Statewide Water Quality Management Plan

including Continuing Planning Process !   Water Quality Management Planning Rules

!  N.J.A.C. 7:15

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Objectives !   Water resources planning based on Areawide

Plans (i.e., 208 Plans in Federal CWA) !   Identify wastewater management needs for 20

year planning period !   Wastewater management plans (WMPs) are

part of areawide WQMPs !   Provide for existing and future development in

consideration of land use, zoning, environmental constraints, etc.

!   Consider point and nonpoint pollution !   TMDLs

!   12 Planning Areas created

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208 Planning Areas in NJ

!   Upper and Lower Delaware !   Upper & Lower Raritan !   Northeast !   TriCounty !   Cape May !   Atlantic !   Ocean !   Monmouth !   Mercer !   Sussex

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Some Events - 2000 to 2007

!   Executive Order 109 !   Signed by Governor Whitman

!  January 11, 2000 !  Calls for evaluation of secondary and

cumulative impacts !  Antidegradation !  Stormwater and riparian zones !  Water supply !  Threatened and endangered species

habitat

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Some Events - 2000 to 2007 !   N.J.A.C. 7:15

!   July 3, 2000 new rule proposal !   Water Quality and Watershed Management !   January 30, 2001 new rule is adopted !   N.J.A.C. 7:15-8 withdraws designation of

!  DGW < 20,000 gpd and !  DGW < 2,000 gpd !  Designates all as DGW < 2,000 gpd

!   Developments with greater than 5 DUs on septic are inconsistent with WQMP

!   Challenged and invalidated March 18, 2002

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Some Events - 2000 to 2007

!   WMPs are to be updated, at a minimum, every 6 years !   161 WMP agencies !  Many WMPs out of date

!   October 17, 2005 NJDEP proposes withdrawing SSAs where WMPs are out of date !  March 6, 2006 DEP withdraws proposal

Current Rule WQMP N.J.A.C. 7:15

!   May 21, 2007 Proposal !   NJDEP proposes significant revisions to

N.J.A.C. 7:15 !  Water Quality Management Planning

!   Numerous changes but carries forward many of the themes that were developing from EO 109 and the earlier proposals

!   July 7, 2008 Adoption !   This is the current rule in place although there

were subsequent orders and legislation effectively amending certain terms of the rule

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Water Quality Managemnt Planning Rul Current Rule WQMP N.J.A.C. 7:15

!   Subchapters 1, 2, 3, 4 – general framework; CPP; consistency determinations; amendment and revision procedures; appeals

!   Subchapter 5 – Wastewater Management Planning Requirements

!   Subchapters 6 & 7 – TMDLs, WQ Limited water bodies

!   Subchapter 8 – Withdrawal of SSAs !   Subchapter 9 - Grants

Subchapter 5 - N.J.A.C. 7:15-5

!   5.1 – no amendments or revisions to outdated plans

!   5.2 – updated WMPs must be submitted by April 7, 2009 or wastewater service areas are withdrawn !  DGW < 20,000 gpd defunct

!   5.4 & 5.13 – County Boards of Chosen Freeholders are wastewater management planning agencies unless they don’t want it, then municipality can do it & get extension to July 7, 2009 to submit WMP

!   5.23 also has schedule as above 10

Subchapter 5 - N.J.A.C. 7:15-5 !   5.6 & 5.8 – Sewerage Authorities and Municipalities to

provide voluminous info to Counties !   5.16 & 5.17 – Voluminous items to be included in

WMPs !   Treatment works, permits, flows, wetlands, flood

areas, open space, recreation, parks, steep slopes, zoning, tax maps, surface water classifications, T&E habitat, etc. – Do we need any other rules???

!   5.18 – Future wastewater management needs !   20 year planning for urbanized municipalities !   Full build-out for all others !   Pump stations, sewers, treatment works !   Basis for wastewater flows 11

Subchapter 5 - N.J.A.C. 7:15-5 !   5.20 – Specifications for Text and Graphics!!!! !   5.23 – Schedule

!   Updates every 6 years !   WMPs by April 7 or July 7, 2009 or wastewater

service areas withdrawn !   5.25 – evaluation criteria

!   Build-out analysis !   Antidegradation !   Nitrate dilution and 2 mg/l on HUC 11 basis

!  4 - > 10 acre lots = sprawl??? !   Water supply analysis !   NPS assessment 12

Subchapter 5 - N.J.A.C. 7:15-5 !   5.24 – Delineation of SSAs

!   No environmentally sensitive areas !  T&E Rank 3, 4, or 5 in Landscape Project !  Natural Heritage Priority Sites !  SWRPA / Category 1 !  Wetlands

!   Some coastal planning areas excluded !   No SSAs in special restricted areas, e.g., dunes

!   5.26 – Habitat Suitability Determination !   To rebut presumption of Landscape Project

Rank 3, 4, or 5 13

Administrative Order 2010-03

!   March 24, 2010 - NJDEP Commissioner Martin !   Recognized that

!   Deadlines have been missed; more time needed due to complexity of analyses necessary

!   Withdrawal of wastewater service areas causes concern

!   Deadline submission extended to April 7, 2011 !   No withdrawal of wastewater service areas prior to

April 7, 2011

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P.L. 2011, Chapter 203 !   Approved January 17, 2012 !   Continued concern about withdrawal of wastewater

service areas !   Wastewater service areas stay in effect at least until

July 15, 2012 !   Counties to submit SSA maps by July 15, 2012

!   Preexisting SSAs stay in effect until adoption !   Capacity at WWTP not necessary !   Amendment or revision applications can be

submitted !   Timeline for DEP action, e.g.,60 day completeness

review & 180 day compliance review 15

Some Thoughts

! Antidegradation !   This is not the place for it !   Requires detailed water quality analyses that should

be performed at permitting stage and can not be determined without site specific data and detailed information about individual treatment works

! Landscape Project !   Presumed correct; known to be incorrect !   Questionable methods for such a detailed

application; useful as guide/advice !   Not up to date with wetlands LOIs and HSDs !   Detailed application is waste of time and resources

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Some Thoughts ! WQMPs and WMPs require regional planning based

on water resource boundaries !   Counties are political boundaries !   Watershed basis is best

!  Good for water supply, wastewater disposal, stormwater management and other NPS, etc.

! Over-reaching !   Tried to anticipate all situations - impossible !   Use the Ferrara 90/10 rule

!  Simplify !  Cover 90% !   Include flexibility to deal with the other 10% 17

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Overreaching???

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The End???

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