N.J. Admin. Code § 7:38-3.4

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:38-3.4 - NJPDES permitted discharges and wastewater facilities

(a) Any new discharge to surface water or ground water, except discharges from water supply facilities, that would require an individual or general NJPDES permit and any extension of a sewer line that requires a Treatment Works Approval is prohibited within the preservation area unless the development in the preservation area that satisfies any one of the following criteria:

1. Is exempt from the Highlands Act pursuant to 7:38-2.3, and is consistent with the applicable areawide Water Quality Management Plan;

2. Receives an HPAA in accordance with N.J.A.C. 7:38-6; or

3. Is not a major Highlands development.

(b) A new individual subsurface disposal system or aggregate of equivalent disposal units where the sanitary wastewater design flow is 2,000 gallons per day or less is permitted within the preservation area as set forth at (b)1 through 4 below. Forest under this subsection shall be identified and calculated in accordance with N.J.A.C. 7:38-3.9. For the purposes of this subsection, "equivalent disposal unit" means: for residential development, one system serving one single-family home sized in accordance with the Standards for Individual Subsurface Sewage Disposal Systems, Volume of sanitary sewage, at N.J.A.C. 7:9A-7.4; or for non-residential development or residential development comprising structures other than single-family homes, 500 gallons of wastewater per day generated for the development type, as determined in accordance with N.J.A.C. 7:9A-7.4:

1. On a lot that contains all forest, the applicant proposes no more than one individual subsurface disposal system or equivalent disposal unit for each 88 acres of the lot.

2. On a lot that does not contain forest, the applicant proposes no more than one individual subsurface disposal system or equivalent disposal unit for each 25 acres of the lot.

3. For the purposes of this subsection, the acreage of a lot shall be the total area of the lot(s) on which the proposed development is located as described by deed(s) or subdivision plat(s) on file with the municipal or county clerk.

4. For a lot containing both forest and nonforest areas, the total number of allowable individual subsurface disposal systems or equivalent disposal units permitted on the lot shall be determined by calculating the number of acres of the lot that are forest (as determined in accordance with the method at N.J.A.C. 7:38-3.9), and dividing that number by 88; calculating the remaining number of acres of the lot that are not forest and dividing that number by 25; and then summing the results. If the sum results in a fraction, the number shall be rounded down to the nearest whole number in order to determine the number of permitted individual subsurface disposal systems or equivalent disposal units.

5. For purposes of this section, non-contiguous lots in existence as of August 10, 2004 may be aggregated such that the number of individual subsurface disposal systems or equivalent disposal units that would be permitted under this section on one or more of the aggregated lots is transferred to one or more of the aggregated lots provided:

i. The proposed development on the lot or lots to receive the transferred individual subsurface disposal systems or equivalent disposal units complies with all Federal, State and local laws;

ii. The proposed development on the lot or lots to receive the transferred individual subsurface disposal systems or equivalent disposal units does not require a waiver of any requirement of this chapter;

iii. The proposed development on the lot or lots to receive the transferred individual subsurface disposal systems or equivalent disposal units is constructed in accordance with the Highlands Act and this chapter;

iv. The lots to be aggregated under this paragraph are all located in the preservation area and within the same HUC 14; and

v. The lot or lots from which the individual subsurface disposal systems or equivalent disposal units are to be transferred are subject to a conservation restriction against future disturbance in accordance with 7:38-6.3.

(c) In addition to the requirements at (b) above, individual subsurface sewage disposal systems or equivalent disposal units shall satisfy the Standards for Individual Subsurface Sewage Disposal Systems, N.J.A.C. 7:9A, without extraordinary measures, including replacement of disposal field soil with permeable material or mounding of a disposal field to achieve the required depth to groundwater or confining layer.

N.J. Admin. Code § 7:38-3.4

Amended by 49 N.J.R. 1388(b), effective 6/5/2017

Administrative Change, 51 N.J.R. 82(a).