N.J. Admin. Code § 7:15-5.25

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:15-5.25 - Evaluation criteria for wastewater management plans and amendments

(a) The Department will only adopt a wastewater management plan, wastewater management plan update or wastewater management plan amendment if the applicant demonstrates compliance with the requirements in this section for existing and future wastewater treatment needs, water supply demands, and nonpoint sources of pollution. The Department will only process a revision under 7:15-3.5(b)4 if the Department determines, based on its assessment of the revision proposal, that it complies with the requirements in this section. The standards set forth in this section represent the minimum standards for approval of a wastewater management plan, wastewater management plan update or wastewater management plan amendment. WMP planning agencies or municipalities may incorporate more protective standards.

(b) Except as provided for a site specific amendment in (h) below, an application for approval of a wastewater management plan or wastewater management plan update shall include environmental analyses or assessments and meet the standards set forth in (c) through (g) below.

(c) An environmental build-out analysis shall be developed for each existing and proposed wastewater service area, except for those portions of sewer service areas that are located in urbanized municipalities. The build-out analysis shall be developed on a HUC 11 basis. Each HUC 11 shall be further disaggregated by municipality. Development shall also be broken down between areas within and outside of public water supply service areas. These delineations and associated analyses shall be based on the mapping and narrative requirements in 7:15-5.16 through 5.18 and 5.20 and shall be prepared in accordance with the following:

1. In areas not currently connected to sewers that are in an existing or proposed sewer service area, identify the development that is currently existing and intended to be connected to sewers, as well as the future development that can occur under existing zoning in undeveloped areas and is expected to connect to sewers, after removing wetlands and riparian zones. At the option of each municipality, other areas may be removed if they are not expected to connect to sewers, including, but not limited to, permanently preserved agricultural lands or public open space. Identify the development to be connected to sewers by acres and type, including number of residential units and measures of nonresidential development in terms used to calculate wastewater flow at 7:14A-23.3;

2. For undeveloped and underdeveloped areas outside of sewer service areas, identify the number of dwelling units that can occur consistent with the analysis at (e) below, without removing wetlands and riparian zones; and

3. The information required in (c)1 and 2 above must be presented in tables and maps sufficient to demonstrate compliance with analyses of wastewater and water supply in (d) through (f) below.

(d) The existing and future wastewater treatment needs of each sewer service area and the specific treatment alternatives proposed to meet these needs shall be identified and evaluated in conformance with the following:

1. For areas identified to be served by existing or proposed expanded or new domestic or industrial treatment works that require a NJPDES permit, the applicant shall identify the existing wastewater generated and future wastewater generation potential within each existing or proposed new or expanded sewer service area as follows:

i. Determine the existing flows attributed to portions of the sewer service area that are connected to the facility based on the monthly average over the most recent 12 months, or the peak monthly average flow for treatment facilities that experience a seasonal peak resulting from transient populations, as reported in the Discharge Monitoring Reports required pursuant to 7:14A-6.8 for the facility;

ii. For urbanized municipalities, estimate future wastewater flows by multiplying the incremental population increase projected within a 20-year planning horizon from the date of WMP preparation, developed using the municipal master plan or other governmental or academic source, by a value of 75 gallons per capita per day and adding any known new non-residential flows including from, without limitation, expanded or redeveloped industries, landfill leachate or septage; and

iii. For municipalities not subject to ii above, estimate future wastewater flows from existing development that is not currently connected and future development using information developed in the environmental build-out in (c) above, and flow projections from N.J.A.C. 7:14A-23.3, and adding any known new non-residential flows including from, without limitation, new or expanded industries that do not conform to the categories at N.J.A.C. 7:14A-23.3, landfill leachate or septage;

2. Potential wastewater generation from each sewer service area shall not exceed the permitted capacity for each facility. Where the sewer service area encompasses more than one municipality, the potential wastewater generated in each municipality shall be compared to the amount of capacity allocated to that municipality. Where potential wastewater generation from any contributing municipality calculated in accordance with (d)1 above exceeds the flow allocated to that contributing municipality or if the total wastewater generation potential exceeds the permitted flow for each domestic or industrial treatment works, the WMP agency and/or affected municipalities shall either:

i. Reduce the sewer service area;

ii. Change zoning to reduce the wastewater generation potential in the sewer service area;

iii. Identify new or expanded domestic or industrial treatment works sufficient to address the difference between the permitted flow and wastewater generation potential calculated in accordance with (d)1 above; or

iv. Submit a plan, including a commitment by the owner of the affected facilities to implement the plan and approved by the Department, to eliminate excessive infiltration and inflow sufficient to accommodate the increase in wastewater flow;

3. For each proposed new or expanded domestic or industrial treatment works with discharge to surface water, the applicant shall perform an antidegradation analysis in accordance with the antidegradation policies in the Surface Water Quality Standards, at 7:9B-1.5(d). The applicant shall propose a wastewater treatment and disposal alternative only as consistent with the following hierarchy:

i. The applicant shall evaluate the feasibility of reclaiming wastewater for beneficial reuse by conducting a study in accordance with the Department's "Technical Manual for Reclaimed Water for Beneficial Reuse," as amended or supplemented, incorporated herein by reference. The Technical Manual for Reclaimed Water for Beneficial Reuse is available to be viewed or downloaded at http://www.state.nj.us/dep/dwq/techman.htm. RWBR shall be implemented to the extent determined to be feasible;

ii. Expansions of existing permitted domestic or industrial treatment works facilities shall maintain the current pollutant load, after compliance with any wasteload allocations imposed through an adopted total maximum daily load wasteload allocation, by increasing flow and improving the quality of treatment at the treatment works;

iii. To the extent that load increases cannot be avoided in accordance with (d)3ii above, new or expanded domestic or industrial treatment works shall achieve no measurable change in water quality in the receiving stream by adhering to water quality based effluent limits calculated based on a stream study approved by the Department or limits needed to comply with adopted total maximum daily load wasteload allocations;

iv. Where a new or expanded domestic or industrial treatment works discharging to Category Two waters will result in a measurable change in receiving water quality based on the stream study in (d)3iii above, the applicant shall make the demonstrations at 7:9B-1.9 to justify the proposed lowering of existing water quality; and

v. Where the demonstrations in (d)3i through iv cannot be made, the Department will not approve the proposed new or expanded domestic or industrial treatment works and the sewer service area must be adjusted such that wastewater generation potential does not exceed the permitted capacity;

4. For areas to be served by a proposed new or expanded domestic or industrial treatment works with a discharge to ground water that will require a NJPDES permit, the applicant shall demonstrate compliance with Ground Water Quality Standards, N.J.A.C. 7:9C, through the permitting process and, for domestic treatment works, shall demonstrate consistency with the number of equivalent dwelling units, using the flow or mass basis as applicable, allowable based on the nitrate planning standard as determined at (e) below;

5. Where new or expanded domestic or industrial treatment works are proposed, demonstrate that water supply commensurate with the new or expanded capacity is available from a source that is consistent with water availability identified in the most current New Jersey State Water Supply Plan; and

6. For areas within the Highlands preservation area, the applicant shall additionally demonstrate that proposed wastewater facilities are consistent with the requirements as set forth in the Highlands Water Protection and Planning Act Rules, N.J.A.C. 7:38.

(e) For areas not covered by (d) above, the future wastewater treatment needs of the entire remaining wastewater management planning area shall be evaluated in conformance with the following:

1. Except as provided in (e)2 below, in areas proposed to be served by individual subsurface sewage disposal systems discharging 2,000 gallons per day or less to ground water, the applicant shall determine the development density that can be accommodated in undeveloped and underdeveloped areas that will result in attainment of two mg/L nitrate in the ground water on a HUC 11 basis, as follows:

i. Determine the number of acres per equivalent dwelling unit using either:

(1) "A Recharge-Based Nitrate-Dilution Model for New Jersey v5.1" developed by the New Jersey Geological Survey, incorporated herein by reference, as amended and supplemented, available at www.state.nj.us/dep/watershedmgt/rules.htm; or

(2) A simplified model using HUC 11 recharge values called "A Recharge-Based HUC11-Scale Nitate-Carrying-Capacity Planning Tool for New Jersey, MS Excel Workbook, v1.0," incorporated by reference, as amended and supplemented available at www.state.nj.us/dep/watershedmgt/rules.htm;

ii. Determine the number of undeveloped and underdeveloped acres in each municipality or portion thereof in each HUC 11 and divide the number of acres by the number of acres per unit calculated in (e)1i above to determine the number of additional allowable equivalent dwelling units;

iii. Apply existing zoning to all undeveloped and underdeveloped areas to determine the number of equivalent dwelling units for comparison to (e)1ii above. For nonresidential areas, convert the proposed development type to equivalent dwelling units by dividing the flow projected to be generated in accordance with 7:9A-7.4 by 500 gallons per day;

iv. If the wastewater management planning entity determines that the number of additional equivalent dwelling units calculated in (e)1iii above exceeds the allowable number of additional equivalent dwelling units in (e)1ii above then the plan shall include an adjustment to the zoning in order to achieve consistency between zoning and the allowable number of additional equivalent dwelling units at build-out in the undeveloped and underdeveloped areas; and

v. The allowable number of additional equivalent dwelling units may be distributed within the HUC 11 at the discretion of the municipality(ies) provided that the total number of additional equivalent dwelling units in the HUC 11 does not exceed the allowable number calculated in (e)1ii above;

2. In the Highlands preservation area, the applicant shall demonstrate that proposed wastewater facilities are consistent with the requirements as set forth in the Highlands Water Protection and Planning Act Rules, N.J.A.C. 7:38; and

3. Demonstrate that areas to be served by individual subsurface sewage disposal systems are subject to a mandatory maintenance program, such as an ordinance, which ensures that all individual subsurface sewage disposal systems are functioning properly. This shall include requirements for periodic pump out and maintenance, as needed.

(f) The Department will only adopt a WMP, WMP update or WMP amendment if water supply needs associated with the environmental build-out are demonstrated to be met with existing, new or expanded water supplies that do not conflict with the most current New Jersey State Water Supply Plan, regional water supply plans, or TMDLs adopted as WQM plan amendments including, but not limited to, any limitations on withdrawals due to ecological and saltwater intrusion concerns. The following information and analyses are required to be submitted by the WMP agency to allow a determination by the Department:

1. For each public water supply service area and for the area outside public water supply service areas, provide the following for each municipality, disaggregated by wastewater service area and on a HUC 11 basis:

i. An estimate of the amount of future water supply demand determined utilizing information developed under the environmental build-out analysis at (c) above and 7:10-11.5(f) or, in urbanized municipalities, assuming the equivalent of the wastewater generation of the incremental population increase; and

2. Where the Department determines that there is insufficient existing water supply available to provide for the needs identified in (f)1 above based on existing water allocation permits and the available water supply established in the most recent New Jersey State Water Supply Plan, regional water supply plans or adopted TMDLs, the WMP agency must identify measures to ensure an adequate water supply, including one or more of the following:

i. Obtaining additional water supply through reuse as identified in accordance with the Department's "Technical Manual for Reclaimed Water for Beneficial Reuse" as amended or supplemented, incorporated herein by reference. The Technical Manual for Reclaimed Water for Beneficial Reuse is available to be viewed or downloaded at http://www.state.nj.us/dep/dwq/techman.htm;

ii. Obtaining water from a source with available capacity consistent with the most current version of the New Jersey State Water Supply Plan and consistent with the findings of any applicable regional water supply plan or an applicable Total Maximum Daily Load where one has been adopted;

iii. Adopting water conservation ordinances to reduce demand to match available supply; or

iv. Reducing the amount of water demand by reducing the amount or altering the type of planned future development.

(g) An assessment of nonpoint source pollution impacts of planned future development shall be conducted and it shall be demonstrated that the environmental standards for stormwater, riparian zones, and steep slopes established in this section, as well as measures identified in adopted TMDLs or watershed restoration plans, shall be met.

1. Ground water recharge shall be maintained and stormwater runoff quantity and quality shall be controlled in accordance with the requirements of the Stormwater Management rules, N.J.A.C. 7:8. Compliance with this standard shall be demonstrated by submission of an adopted stormwater management plan and an ordinance that conforms with the requirements of N.J.A.C. 7:8.

2. Riparian zones adjacent to all waters as described below in this paragraph shall be protected from avoidable disturbance:

i. The riparian zone is 300 feet wide along both sides of any Category One water, and all upstream tributaries situated within the same HUC 14 watershed;

ii. The riparian zone is 150 feet wide along both sides of the following waters not identified in (g)2i above:

(1) Any trout production water and all upstream waters (including tributaries);

(2) Any trout maintenance water and all upstream waters (including tributaries) within one linear mile as measured along the length of the regulated water;

(3) Any segment of a water flowing through an area that contains documented habitat for a threatened or endangered species of plant or animal, which is critically dependent on the regulated water for survival, and all upstream waters (including tributaries) within one linear mile as measured along the length of the regulated water; and

(4) Any segment of a water flowing through an area that contains acid producing soils; and

iii. A riparian zone 50 feet wide shall be maintained along both sides of all waters not subject to (g)2i or ii above.

3. Compliance with the riparian zone standard shall be demonstrated by submission of copies of municipal ordinances that prevent new disturbance for projects or activities except as provided in (g)3i and ii below:

i. Redevelopment within the limits of existing impervious surfaces; and

ii. New disturbance in the riparian zone necessary to protect public health, safety or welfare; to provide an environmental benefit; to prevent extraordinary hardship on the property owner peculiar to the property; or to prevent extraordinary hardship, provided the hardship was not created by the property owner, that would not permit a minimum economically viable use of the property based upon reasonable investment.

4. Compliance with the riparian zone requirements of this chapter does not constitute compliance with the riparian zone or buffer requirements imposed under any other Federal, State or local statute, regulation or ordinance.

5. Adjustments to the riparian zones established by this subsection are allowed to the extent they comply with the Stormwater Management rules, N.J.A.C. 7:8, the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, the Highlands Water Protection and Planning Act Rules, N.J.A.C. 7:38, and the Coastal Zone Management rules, N.J.A.C. 7:7E.

6. Steep slopes shall be protected from avoidable disturbance in accordance with this section. Compliance with this standard shall be demonstrated by submission of copies of municipal ordinances that prevent new disturbance for projects or activities except as provided (f)6i and ii below:

i. Redevelopment within the limits of existing impervious surfaces; and

ii. New disturbance necessary to protect public health, safety or welfare; to provide an environmental benefit; to prevent extraordinary hardship on the property owner peculiar to the property; or to prevent extraordinary hardship, provided the hardship was not created by the property owner, that would not permit a minimum economically viable use of the property based upon reasonable investment.

7. A WMP, WMP update or WQM plan amendment shall include additional measures as specified in an adopted TMDL or watershed restoration plan.

(h) Site specific wastewater management plan amendments shall not create a significantly new pattern of sewered development such that a significant potential or incentive is created for additional revisions or amendments to open new areas to sewered development. Site specific wastewater management plan amendments and revisions at 7:15-3.5(b)4 shall comply with the environmental standards of (d), (e), (f) and (g) above except as provided in (h)1 through 6 below:

1. Instead of performing the calculation at (d)1 above for the entire sewer service area, the calculation required at (d)1 above shall be performed for the proposed project or activity. Where a project or activity is proposed to be included within an existing sewer service area, the planning flow shall be compared to the wastewater generation potential previously calculated for the sewer service area and the permitted capacity of the receiving wastewater treatment facility. If the project or activity will cause the wastewater generation potential of the expanded sewer service area to exceed the permitted capacity of the receiving wastewater treatment facility, or if the project or activity is proposed to be served by a new wastewater treatment facility, then the analyses at (d)2 through (d)4 above apply;

2. Instead of the analyses at (d)4 and (e)1 and 2 above, the following apply:

i. For projects utilizing discharge to ground water that are allowed to proceed in accordance with this chapter where a wastewater management plan is not in compliance with the schedule at N.J.A.C. 7:15-23, demonstrate that the wastewater generated by the project or activity can be discharged in conformance with the nitrate planning standard of two mg/L, considering dilution available on the project site, using one of the methods in (h)2i(1) through (3) below, as appropriate to the type of development:

(1) For residential development, "A Recharge-Based Nitrate-Dilution Model for New Jersey v5.1" developed by the New Jersey Geological Survey incorporated herein by reference, as amended and supplemented, available at www.state.nj.us/dep/watershedmgt/rules.htm;

(2) For nonresidential development, "A Recharge-Based Nitrate-Dilution Model for Small Commercial Establishments in New Jersey, v1.1" developed by the New Jersey Geological Survey incorporated herein by reference, as amended and supplemented, available at www.state.nj.us/dep/watershedmgt/rules.htm; or

(3) An alternative analytical method approved by the Department that is designed to assess the impacts of nitrate discharged from individual subsurface sewage disposal systems;

ii. For projects utilizing discharge to ground water where a wastewater management plan is in compliance with the schedule at N.J.A.C. 7:15-23, demonstrate that the discharge of wastewater generated by the project or activity is consistent with attaining the nitrate planning standard within the HUC 11, taking into account the demonstration in the approved WMP;

3. Instead of providing the information at (f)1 above for the entire wastewater management planning area, the information required at (f)1 above shall be provided for the proposed project or activity. The water supply need for the proposed project or activity shall be compared to water availability as established in the most recent New Jersey State Water Supply Plan, regional water supply plans or adopted TMDLs, and in consideration of other needs within the HUC 11, where the WMP is in conformance with the schedule at 7:15-5.23. If the project or activity would cause an exceedance of the established water availability, either alone or in combination with the other water supply need identified in a WMP in conformance with the schedule, then the analyses at (f)3 above apply;

4. Instead of the stormwater management requirements at (g)1 above, provide:

i. Proof that the project or activity is exempt from the requirements of N.J.A.C. 7:8;

ii. Site specific stormwater design documentation to demonstrate the project or activity is in compliance with the requirements of N.J.A.C. 7:8; or

iii. Proof of a municipal waiver or variance for the proposed project or activity in accordance with N.J.A.C. 7:8 through a municipal mitigation plan;

5. Instead of the riparian zone protection requirements at (g)2 above, demonstrate compliance with one of the following:

i. The proposed project or activity is not in the riparian zone established at (g)2 above;

ii. The proposed disturbance in a riparian zone is for a linear development with no feasible alternative route. If the riparian zone is associated with Category One waters, the linear development must also meet the requirements of N.J.A.C. 7:8-5;

iii. The proposed disturbance of a riparian zone is in accordance with a stream corridor restoration or stream bank stabilization plan or project approved by the Department;

iv. The proposed disturbance of a riparian zone is necessary to provide for public pedestrian access or water dependent recreation that meets the requirements of the Freshwater Wetlands Protection Act rules, N.J.A.C. 7:7A, the Flood Hazard Area Control rules, N.J.A.C. 7:13, or the Coastal Zone Management rules, N.J.A.C. 7:7E;

v. The proposed disturbance of a riparian zone is required for the remediation of hazardous substances performed with Department or Federal oversight pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.1 1a et seq. or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601 et seq.;

vi. The proposed disturbance is for redevelopment that does not exceed the limits of existing impervious surfaces; or

vii. The proposed disturbance would prevent extraordinary hardship on the property owner peculiar to the property; or prevent extraordinary hardship, provided the hardship was not created by the property owner, that would not permit a minimum economically viable use of the property based upon reasonable investment; and/or

6. In lieu of the requirements at (g)6 above, demonstrate through site plans depicting proposed development and topography that new disturbance is not located in areas with a steep slope, except as provided in (g)6i and ii above.

N.J. Admin. Code § 7:15-5.25