N.J. Admin. Code § 7:8-5.5

Current through Register Vol. 56, No. 9, May 6, 2024
Section 7:8-5.5 - Stormwater runoff quality standards
(a) This section contains the minimum design and performance standards to control stormwater runoff quality impacts of major development. Stormwater runoff quality standards are applicable when the major development results in an increase of one-quarter acre or more of regulated motor vehicle surface.
(b) Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:
1. Eighty percent TSS removal of the anticipated load, expressed as an annual average shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.
2. If the surface is considered regulated motor vehicle surface because the water quality treatment for an area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant is to be modified or removed, the project shall maintain or increase the existing TSS removal of the anticipated load expressed as an annual average.
(c) The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with (b) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
(d) The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 5-4 below. The calculation of the volume of runoff may take into account the implementation of stormwater management measures.

Table 5-4: Water Quality Design Storm Distribution
Time (Minutes)Cumulative Rainfall (Inches) Time (Minutes)Cumulative Rainfall (Inches) Time (Minutes)Cumulative Rainfall (Inches)
10.00166410.1728811.0906
20.00332420.1796821.0972
30.00498430.1864831.1038
40.00664440.1932841.1104
50.00830450.2000851.1170
60.00996460.2117861.1236
70.01162470.2233871.1302
80.01328480.2350881.1368
90.01494490.2466891.1434
100.01660500.2583901.1500
110.01828510.2783911.1550
120.01996520.2983921.1600
130.02164530.3183931.1650
140.02332540.3383941.1700
150.02500550.3583951.1750
160.03000560.4116961.1800
170.03500570.4650971.1850
180.04000580.5183981.1900
190.04500590.5717991.1950
200.05000600.62501001.2000
210.05500610.67831011.2050
220.06000620.73171021.2100
230.06500630.78501031.2150
240.07000640.83841041.2200
250.07500650.89171051.2250
260.08000660.91171061.2267
270.08500670.93171071.2284
280.09000680.95171081.2300
290.09500690.97171091.2317
300.10000700.99171101.2334
310.10660711.00341111.2351
320.11320721.01501121.2367
330.11980731.02671131.2384
340.12640741.03831141.2400
350.13300751.05001151.2417
360.13960761.05681161.2434
370.14620771.06361171.2450
380.15280781.07041181.2467
390.15940791.07721191.2483
400.16600801.08401201.2500

(e) If more than one BMP in series is necessary to achieve the required 80 percent TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:

R = A + B-(AXB)/100

Where

R = total TSS percent load removal from application of both BMPs, and

A = the TSS percent removal rate applicable to the first BMP

B = the TSS percent removal rate applicable to the second BMP

(f) Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in N.J.A.C. 7:8-5.4 and 5.6 and this section.
(g) In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.
(h) The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot riparian zones along Category One waters, as designated in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A person shall not undertake a major development that is located within or discharges into a 300-foot riparian zone without prior authorization from the Department under N.J.A.C. 7:13.
(i) Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)4, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this section to reduce the post-construction load of total suspended solids by 95 percent of the anticipated load from the developed site, expressed as an annual average.
(j) This section does not apply to the construction of one individual single-family dwelling, provided that is not part of a larger development or subdivision that has received preliminary or final site plan approval prior to December 3, 2018, and that the motor vehicle surfaces are made of permeable material(s) such as gravel, dirt, and/or shells.

N.J. Admin. Code § 7:8-5.5

Petition for Rulemaking.
See: 36 N.J.R. 4995(b).
Petition for Rulemaking.
See: 37 N.J.R. 141(a).
Amended by R.2016 d.055, effective 6/20/2016.
See: 47 N.J.R. 1041(a), 48 N.J.R. 1067(a).
Rewrote (h); and added (i).
Amended by R.2020 d.003, effective 3/2/2020 (operative March 2, 2021).
See: 50 N.J.R. 2375(a), 52 N.J.R. 402(a).
Rewrote the section.