N.J. Admin. Code § 7:15-5.18

Current through Register Vol. 56, No. 8, April 15, 2024

Section 7:15-5.18 - Future wastewater jurisdictions, wastewater service areas, and domestic treatment works

(a) In accordance with the provisions of this section, 7:15-5.24 and 5.25, each wastewater management plan shall include a description of wastewater service areas and DTW necessary to meet anticipated wastewater management needs over a 20-year period for urbanized municipalities or at build-out for all other municipalities. The description shall include:

1. Cost-effective, environmentally sound wastewater management, including regional management where appropriate; and

2. Examination of specific wastewater management alternatives as part of the preparation of the wastewater management plan in accordance with 7:15-5.25. The Department shall require such examination to include analysis of critical economic, social, environmental, or institutional factors pertaining to such alternatives.

(b) Except for urbanized municipalities, subject to the requirements, qualifications, and exceptions listed in (b)3 through 6 below, wastewater service areas and DTW shall be identified in such a manner as to provide adequate wastewater service for:

1. Land uses allowed in zoning ordinances that have been adopted and are in effect under 40:55D-62; or

2. The wastewater management plan shall identify relevant zoning ordinances on which the wastewater management plan is based specifying the type, density, and intensity of land use allowed in each district.

3. If, for particular locations, a zoning variance under article 9 of the Municipal Land Use Law, 40:55D-1 et seq., allows land development that would generate more wastewater than would the development allowed in the zoning ordinance, then for some or all of those locations the wastewater management plan may be based on the zoning variance rather than on the zoning ordinance.

4. If, for particular locations, preliminary or final subdivision or site plan approvals under article 6 of the Municipal Land Use Law, 40:55D-1 et seq., have allowed land development that would generate more wastewater than would the development allowed in the zoning ordinance, then for those locations the wastewater management plan shall be based on such approvals rather than on the zoning ordinance.

5. Wastewater management plans relating to the New Jersey Coastal Zone, the Hackensack Meadowlands District, the Pinelands Area, or the Pinelands National Reserve are subject to the requirements of 7:15-3.6 or 3.7, as appropriate. Wastewater management plans relating to the Highlands Region are subject to the requirements of 7:15-3.10.

6. The proposed wastewater management plan may be inconsistent with zoning ordinances for compelling reasons, provided that the wastewater management plan specifically identifies such inconsistencies and sets forth such reasons with adequate documentation.

(c) Each wastewater management plan shall include maps of future wastewater service areas, and of specified categories of future DTW, that are necessary to meet anticipated wastewater management needs at the end of the 20-year period for urbanized municipalities, or at build-out for all other municipalities. These maps shall depict the following:

1. The location, within or outside the wastewater management plan area, of each existing, expanded, or new DTW, if any, that would not be a sewer or a pumping station, but that would receive sewage that would arise within or be conveyed into or through the wastewater management plan area, if such DTW would require a NJPDES discharge permit and:

i. Directly discharge to surface waters, or onto the land surface (for example, spray irrigation or overland flow facilities); or

ii. Have a design capacity of greater than 2,000 gallons per day, and store or dispose of sewage by any means;

2. The location of each discharge to surface or ground water from each DTW mapped within the wastewater management plan area under (c)1 above;

3. The location of each existing, expanded, or new pumping station and major interceptor and trunk sewer, if any, that would convey sewage within the wastewater management plan area;

4. The sewer service area, within or outside the wastewater management plan area, for each DTW mapped within the wastewater management plan area under (c)1 above, distinguishing the separate area to be served by each DTW;

5. The sewer service area, within the wastewater management plan area, for each DTW mapped outside the wastewater management plan area under (c)1 above, distinguishing the separate area to be served by each DTW; and

6. The area, if any, within the wastewater management plan area that would be served only by either or both of the following:

i. Individual subsurface sewage disposal systems for individual residences; or

ii. Other DTW that would have a design capacity of 2,000 gallons per day or less, and use either individual subsurface sewage disposal systems or other sewage disposal systems that would have no direct discharge to surface water or onto the land surface.

(d) For each DTW mapped within the wastewater management plan area under (c)1 above, each wastewater management plan shall further identify the future DTW that are necessary to meet wastewater management needs by providing, in narrative, outline, or tabular form, the following information applicable to such DTW at the end of the 20-year period for urbanized municipalities, or at build-out for all other municipalities:

1. Owner and, where known, name of the DTW;

2. Name of any other governmental unit or corporation, if any, to be responsible for operating the DTW;

3. Location of the DTW within municipality, county, and WQM planning area, and within any existing district;

4. Where known, NJPDES permit number for any discharges from the DTW;

5. Name of present or proposed NJPDES permittee and any co-permittee for any discharges from the DTW;

6. Name and present classification, under N.J.A.C. 7:9B and 7:9C, of any surface and ground waters that would receive any discharges from the DTW;

7. Estimate of residential population to be served by the DTW within and outside the wastewater management plan area, disaggregated by municipality and including any major seasonal fluctuations; and

8. Estimated average planning flow of wastewater in accordance with 7:15-5.25(d) to be received by the DTW, in millions of gallons per day, disaggregated by municipality and expressed as total flow, as flow arising within and outside the wastewater management plan area, and as flow attributed to each of the following sources: residential, commercial, and industrial.

(e) For each DTW mapped outside the wastewater management plan area under (c)1 above, each wastewater management plan shall further identify the future DTW that are necessary to meet wastewater management needs by providing, in narrative, outline, or tabular form, the following information applicable to such DTW at the end of the 20-year period for urbanized municipalities, or at build-out for all other municipalities, and at the end of any shorter or longer period identified under (a) above:

1. Owner and, where known, name of the DTW;

2. Estimate of residential population to be served by the DTW within the wastewater management plan area, disaggregated by municipality and including any major seasonal fluctuations; and

3. Estimated average planning flow of wastewater in accordance with 7:15-5.25(d) to be conveyed to the DTW from the wastewater management plan area, in millions of gallons per day, disaggregated by municipality and expressed as total flow and as flow attributed to each of the following sources: residential, commercial and industrial.

(f) The wastewater management plan shall document the basis for the estimated planning flows attributed to residential, commercial, and industrial sources under (d)8 and (e)3 above. Where actual, accurate gauging is available for a sewer system already in existence, such gauging shall be used in preparing these flow estimates, with an allowance for future changes in wastewater flow. There shall be a reasonable relationship between these flow estimates and wastewater service areas identified under (c)4 and 5 above. There shall be a reasonable relationship, consistent with (b) above, between these wastewater service areas and residential population estimates under (d)7 and (e)2 above. The average domestic flow from new development, exclusive of industrial flows, shall be calculated utilizing the projected flow criteria found at 7:14A-23.3 or 7:9A-7.4, as applicable, for the type of wastewater facilities proposed. Wastewater flows shall be expressed as a 30-day average flow from DTW that discharge to surface water and as a daily maximum flow from DTW that discharge to ground water. In instances where future specific residential dwelling types are unknown, the residential flow calculation may be computed using 75 gallons per capita per day. No additional provisions for inflow and infiltration shall be made as the above flows include allowances for inflow and infiltration.

(g) Unless expressly stated otherwise in the wastewater management plan, disaggregations of estimated flows by municipality and land use under (d)8 and (e)3 above shall serve only to document the basis for estimates of total flow under those paragraphs, and shall not constitute legally enforceable flow allocations to those municipalities or land uses.

(h) If the Department has waived under 7:15-5.16(d) the disaggregation by municipality or land use of existing flow to a DTW, then the disaggregation of estimated flow by municipality or land use under (d)8 and (e)3 above shall be limited to disaggregation of future changes in wastewater flow to that DTW.

(i) A wastewater management plan may identify specific changes to assignments of wastewater management plan responsibility under N.J.A.C. 7:15-5.9, or specific changes to 201 facilities planning responsibilities. Such changes shall take effect upon adoption of the wastewater management plan under 7:15-3.4. A wastewater management plan may suggest the establishment, modification, or elimination of districts or franchise areas under 40:14A-1 et seq., 40:14B-1 et seq., 58:14-1 et seq., or 48:1-1 et seq., but such districts or franchise areas shall be established, modified or eliminated only in the manner provided by law. Inclusion of such suggestions in an adopted wastewater management plan does not, by itself, accomplish such establishment, modification, or elimination.

N.J. Admin. Code § 7:15-5.18