N.J. Admin. Code § 7:50-6.84

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

Section 7:50-6.84 - Minimum standards for point and non-point source discharges

(a) The following point and non-point sources may be permitted in the Pinelands:

1. Development of new or the expansion of existing commercial, industrial, and waste water treatment facilities, or the development of new or the expansion of existing non-point sources otherwise permitted in N.J.A.C. 7:50-5, except those specifically regulated in (a)2 through 6 below, provided that:

i. There will be no direct discharge into any surface water body;

ii. All discharges from the facility or use are of a quality and quantity such that ground water exiting from the parcel of land or entering a surface body of water will not exceed two parts per million nitrate/nitrogen;

iii. All public waste water treatment facilities are designed to accept and treat septage; and

iv. All storage facilities, including ponds or lagoons, are lined to prevent leakage into ground water.

2. Development of new waste water treatment or collection facilities that are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site waste water treatment system where a public health problem has been identified may be exempted from the standards at (a)1ii above provided that:

i. There will be no direct discharge into any surface water body;

ii. The facility is designed only to accommodate waste water from existing development;

iii. Adherence to (a)1ii above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees; and

iv. The design level of nitrate/nitrogen attenuation is the maximum possible within the cost limitations imposed by such user fee guidelines but in no case shall ground water exiting from the parcel or entering a surface body of water exceed five parts per million nitrate/nitrogen.

3. Improvements to existing commercial, industrial, and waste water treatment facilities which discharge directly into surface waters provided that:

i. There is no practical alternative available that would adhere to the standards of N.J.A.C. 7:50-6.84(a)1i.

ii. There is no increase in the existing approved capacity of the facility; and

iii. All discharges from the facility into surface waters are such that the nitrate/nitrogen levels of the surface waters at the discharge point do not exceed two parts per million. In the event that nitrate/nitrogen levels in the surface waters immediately upstream of the discharge point exceed two parts per million, the discharge shall not exceed two parts per million nitrate/nitrogen.

4. Individual on-site septic waste water treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste water, provided that the following standards are met:

i. The proposed development to be served by the system is otherwise permitted pursuant to N.J.A.C. 7:50-4 and 5;

ii. The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, incorporated herein by reference as subchapter Appendix A, subject to the provisions of (a)4iii below. For purposes of this section, the entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to N.J.A.C. 7:50-5.30 or 5.47;

iii. Only contiguous land located within the same municipal zoning district and Pinelands management area as the proposed septic waste water treatment system or systems may be utilized for septic dilution purposes, except for the development of an individual single family dwelling on a lot existing as of January 14, 1981, non-residential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;

iv. The depth to seasonal high water table is at least five feet;

v. Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;

vi. The system will be maintained and inspected in accordance with the requirements of N.J.A.C. 7:50-6.85;

vii. The technology has been approved for use by the New Jersey Department of Environmental Protection; and

viii. Flow values for non-residential development shall be determined based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that number of employees may not be utilized in calculating flow values for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide flow values for a specific use, but a flow value is assigned for that use in 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.

5. Individual on-site septic waste water treatment systems that are intended to reduce the level of nitrate/nitrogen in the waste water, provided that the following standards are met:

i. The technology has been approved for use by the New Jersey Department of Environmental Protection;

ii. The proposed development to be served by the system is otherwise permitted pursuant to N.J.A.C. 7:50-4 and 5;

iii. The proposed development is either residential, or, if non-residential, is located in:

(1) A Regional Growth Area, a Pinelands Village, a Pinelands Town, or a Military and Federal Installation Area; or

(2) A Rural Development Area, a Forest Area, an Agricultural Production Area, or in an area within the Preservation Area District designated pursuant to N.J.A.C. 7:50-5.22(b)7, subject to the following conditions:

(A) The proposed nonresidential development constitutes expansion of a nonresidential use existing on January 14, 1981, or the change of a nonresidential use existing on January 14, 1981, to another nonresidential use that is a permitted use pursuant to the certified municipal land use ordinance;

(B) The existing nonresidential use relies on an existing on-site waste water disposal system that is not designed to reduce the level of nitrate/nitrogen in the waste water;

(C) The existing nonresidential use is of such a size and scale that it does not comply with N.J.A.C. 7:50- 6.84(a)4ii; and

(D) The proposed nonresidential development will not exceed 50 percent of the floor area, the area of the use or the capacity of the use, whichever is applicable, on January 14, 1981;

iv. The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen calculated pursuant to the Pinelands dilution model dated December 1993, as amended, (Appendix A) subject to the provisions of (a)5v below and based on the following assumptions and requirements. For purposes of this section, the entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to N.J.A.C. 7:50-5.30 or 5.47:

(1) For pressure dosed septic systems:

(A) A complete application for the proposed residential development was received by the Commission pursuant to N.J.A.C. 7:50-4.2 or by a municipality pursuant to an alternate permitting program certified by the Commission in accordance with N.J.A.C. 7:50-3.81 through 3.85 prior to August 5, 2002, the proposed lot size and density are consistent with the provisions of this Plan and the municipal land use ordinances that have been certified by the Commission pursuant to the provisions of N.J.A.C. 7:50-3, the proposed pressure dosed septic system receives approval from a local board of health by August 5, 2003 and the system is installed within one year of the issuance of its approval by the local board of health; and

(B) For residential development, either the system will be located on a lot of at least one acre for each individual single family residential dwelling unit or the system or systems for multi-family developments will be located on a parcel with an overall density equal to or greater than one residential dwelling unit per acre of land.

(2) For Amphidrome, Bioclere, SeptiTech, and FAST systems:

(A) For residential development using the Amphidrome, Bioclere, or SeptiTech system, the system will be located on a parcel of at least one acre for each individual single-family residential dwelling unit or the system or systems for multi-family developments will be located on a parcel with an overall density equal to or greater than one residential unit per acre of land;

(B) For residential development using the FAST system, the system will be located on a parcel of at least 1.4 acres for each individual single family residential dwelling unit or the system or systems for multi-family developments will be located on a parcel with an overall density equal to or greater than one residential unit per 1.4 acres of land;

(C) Each system shall be designed and constructed so that samples of effluent leaving the system can be readily taken. A scaled as-built drawing which clearly identifies the location of the effluent sampling port shall be filed with the local board of health and the Commission prior to the board of health's issuance of a certificate of compliance, or similar authorization to occupy the development and utilize the treatment system;

(D) Each system shall be consistent with the plans and specifications approved by the Executive Director for participation of the technology in the Pinelands Alternate Design Treatment Systems Pilot Program pursuant to N.J.A.C. 7:50-10.22(a)2 i. Manufacturers may submit modified specifications or engineering designs for the system which may then be utilized if the Executive Director determines the modifications are consistent with the originally approved specifications and engineering design and the modified system will be at least as effective as the originally approved system;

(E) Prior to the local board of health's issuance of a certificate of compliance, or similar authorization to occupy the development and utilize the treatment system, the technology manufacturer or its agent and a New Jersey licensed professional engineer shall provide written certification, in a form acceptable to the Commission and the local board of health, that installation of each system, and all components and appurtenances, including, but not limited to, pumps, switches, blowers, micro-processors, and local audio/visual and service provider notification alarms has been performed properly and the system and all of its components are operating properly. The manufacturer or its agent shall include in the certification the cost of the installation;

(F) The manufacturer or its agent shall provide to each owner an operation and maintenance manual;

(G) Each system shall be equipped with a functioning warning system which will activate audible and visual alarms that can be readily seen and heard by occupants of the building served and which also provide immediate remote alarm notification to the system service provider. Systems may be equipped with a telemetry control panel, attached to an Internet-based interface that provides continuous remote monitoring, information management, and control of the advanced wastewater pretreatment device. Systems that do not have a telemetry control panel shall use an active phone line equipped with an auto dialer to notify the authorized service provider of alarm conditions, including if power to any of the system equipment is disconnected. The alarm and its switch shall not be on the same electrical circuit as the system pump(s), blower(s), and system component control switches. The alarm system shall periodically communicate with the authorized service provider's remote monitoring system to ensure against unauthorized alarm system disconnections;

(H) The property owner shall record with the deed to the property a notice consistent with the sample deed notice approved pursuant to N.J.A.C. 7:50-10.22(a)2 vi that identifies the technology, acknowledges the owner's responsibility to operate and maintain it and grants access, with reasonable notice, to the local board of health, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the system and any replacement nitrogen reducing system, if applicable. Evidence that the deed notice was filed shall be provided to the local board of health and the Commission prior to the board of health's issuance of a certificate of compliance, or similar authorization to occupy the development and utilize the treatment system;

(I) The manufacturer, its agent, the system owner, or the duly authorized service provider shall make available for inspection by the Commission or its agents, upon reasonable notice, all records relating to each system installed in the Pinelands;

(J) For nonresidential development, no reduction in total nitrogen will be assumed. Since insufficient data is available to determine a particular efficiency of these technologies for nonresidential development, due to the high degree of variability in wastewater from nonresidential development, the use of these systems for such development will be evaluated on a case by case basis pursuant to (a)1 above if any such system is proposed to reduce total nitrogen in nonresidential effluent; and

(K) Each system shall be covered by an initial five-year warranty and a renewable, minimum five-year maintenance contract that cannot be arbitrarily cancelled and that includes a provision requiring that the manufacturer, or its agent, inspect the system at least once a year and undertake any maintenance or repairs determined to be necessary during any such inspection or as a result of observations made at any other time, including during effluent monitoring. The warranty and maintenance contract shall be consistent with the sample warranty and maintenance contract approved pursuant to N.J.A.C. 7:50-10.22(a)2 v.

(3) Other on-site septic waste water treatment systems shall only be credited with reducing total nitrogen concentration to the extent authorized by an experimental monitoring program approved by the Pinelands Commission. Such an experimental monitoring program shall only be approved if:

(A) The specific theoretical basis for the nitrogen removal process to be utilized is sound and has been satisfactorily documented in the scientific literature;

(B) The nitrogen removal efficiency of operating systems using the design concept to service one or more types of development has been satisfactorily demonstrated and adequately documented in the scientific literature;

(C) The proposed application of the treatment process could be expected to meet the two parts per million nitrate/nitrogen ground water quality standard in the Pinelands Area and the ability to meet this requirement can be continuously achieved on a long-term basis;

(D) Systems utilizing the design concept can be expected not to require any maintenance beyond that required of conventional septic systems or, if additional maintenance is required, sufficient measures can feasibly be taken to insure that the system will be properly maintained and operated;

(E) A comprehensive monitoring program is feasible to fully evaluate the nitrogen removal efficiency of the application of the proposed design concept;

(F) The system meets all the requirements in N.J.A.C. 7:50-10.22(a)5 i through x; and

(G) The design concept can be expected to meet those requirements of the New Jersey Department of Environmental Protection necessary to receive a Treatment Works Approval.

v. Only contiguous land located within the same municipal zoning district and Pinelands management area as the proposed septic waste water treatment system or systems may be utilized for septic dilution purposes, except for the development of an individual single family dwelling on a lot existing as of January 14, 1981, non-residential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;

vi. The depth to seasonal high water table is at least five feet;

vii. Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;

viii. The system will be maintained and inspected in accordance with the requirements of N.J.A.C. 7:50-6.85;

ix. Flow values for non-residential development shall be determined based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that number of employees may not be utilized in calculating flow values for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide flow values for a specific use, but a flow value is assigned for that use in 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.

6. Surface water runoff in accordance with N.J.A.C. 7:8-4.6, 5, and 6, as amended, except as modified and supplemented as follows:

i. For purposes of this section, the definition of terms adopted by the New Jersey Department of Environmental Protection at N.J.A.C. 7:8-1.2 are incorporated herein by reference, unless a term is defined differently at N.J.A.C. 7:50-2.11, in which case the definition in this chapter shall apply.

ii. Runoff rate and volume, runoff quality, and groundwater recharge methodologies:

(1) Stormwater runoff rates and volumes shall be calculated in accordance with N.J.A.C. 7:8-5.7, except that the Rational Method for peak flow and the Modified Rational Method for hydrograph computations shall not be used; and

(2) In calculating stormwater runoff using the NRCS methodology, the appropriate 24-hour rainfall depths as developed for the parcel by the National Oceanic and Atmospheric Administration, https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nj, shall be utilized.

iii. Runoff shall meet the requirements at N.J.A.C. 7:8-5.6 and (a)6iii(1) and (2) below:

(1) There shall be no direct discharge of stormwater runoff from any point or nonpoint source to any wetland, wetlands transition area, or surface waterbody. In addition, stormwater runoff shall not be directed in such a way as to increase the volume and rate of discharge into any wetlands, wetlands transition area, or surface water body from that which existed prior to development of the parcel; and

(2) To the maximum extent practical, there shall be no direct discharge of stormwater runoff onto farm fields to protect farm crops from damage due to flooding, erosion, and long-term saturation of cultivated crops and cropland.

iv. Recharge standards:

(1) For all major development, as defined at N.J.A.C. 7:50-2.11, the total runoff volume generated from the net increase in impervious surfaces by a 10-year, 24-hour storm shall be retained and infiltrated onsite;

(2) For all minor development, as defined at N.J.A.C. 7:50-2.11, that involves the construction of four or fewer dwelling units, the runoff generated from the total roof area of the dwelling(s) by a 10-year, 24-hour storm shall be retained and infiltrated, as follows:

(A) Installation of one or more green infrastructure stormwater management measures designed in accordance with the New Jersey Stormwater Best Management Practices (BMP) Manual as defined at N.J.A.C. 7:8-1, incorporated herein by reference, as amended and supplemented, and available at https://www.nj.gov/dep/stormwater/bmp_manual2.htm (hereinafter referred to as "BMP Manual" or "New Jersey Stormwater Best Management Practices Manual"). Appropriate green infrastructure stormwater management measures include, but are not limited to:

I. Dry wells;

II. Pervious pavement systems; and

III. Small scale bioretention systems, including rain gardens;

(3) For minor development, as defined at N.J.A.C. 7:50-2.11, that involves any nonresidential use, the following standards shall apply:

(A) If the proposed development will result in an increase of greater than 1,000 square feet of regulated motor vehicle surfaces as defined at N.J.A.C. 7:8-1.2, the stormwater runoff quality standards at N.J.A.C. 7:8-5.5 shall apply. The water quality design storm volume generated from these surfaces shall be recharged onsite; and

(B) If the proposed development involves the grading, clearing, or disturbance of an area in excess of 5,000 square feet within any five-year period, the standards for major development set forth at (a)6i through ix shall also apply;

(4) In order to demonstrate compliance with the requirements at (a)6iv(2) or (3) above, applications for minor development shall include at least the following information:

(A) A plan, certified by a design engineer, that includes the type and location of each green infrastructure stormwater management measure and a cross section drawing of each such measure showing the associated soil profile, soil permeability test elevation, soil permeability rate, and the elevation of, and vertical separation to, the seasonal high water table;

(B) A design engineer's certification that each green infrastructure stormwater management measure will not adversely impact basements or septic systems of the proposed development;

(5) In high pollutant loading areas (HPLA) and areas where stormwater runoff is exposed to source material, as defined at N.J.A.C. 7:8-5.4(b)3 i and ii, the following additional water quality standards shall apply:

(A) The areal extent and amount of precipitation falling directly on or flowing over HPLAs and areas where stormwater is exposed to source material shall be minimized through the use of roof covers, canopies, curbing or other physical means to the maximum extent practical in order to minimize the quantity of stormwater generated from HPLA areas;

(B) The stormwater runoff originating from HPLAs and areas where stormwater runoff is exposed to source material shall be segregated and prohibited from co-mingling with stormwater runoff originating from the remainder of the parcel unless it is first routed through one or more stormwater management measures required at (a)6iv(5)(C) below;

(C) The stormwater runoff from HPLAs and areas where stormwater runoff is exposed to source material shall incorporate stormwater management measures designed to reduce the post-construction load of total suspended solids (TSS) by at least 90 percent in stormwater runoff generated from the water quality design storm established at N.J.A.C. 7:8-5.5(d) using one or more of the measures identified at (a)6iv(5)(C)I and II below. In meeting this requirement, the minimum 90 percent removal of total suspended solids may be achieved by utilizing multiple stormwater management measures in series:

I. Any measure designed in accordance with the New Jersey Stormwater Best Management Practices Manual to remove total suspended solids. Any such measure must be constructed to ensure that the lowest point of infiltration within the measure maintains a minimum of two feet of vertical separation from the seasonal high-water table; and

II. Other measures certified by the Department of Environmental Protection, including a Media Filtration System manufactured treatment device with a minimum 80 percent removal of total suspended solids as verified by the New Jersey Corporation for Advanced Technology; and

(D) If the potential for contamination of stormwater runoff by petroleum products exists onsite, prior to being conveyed to the stormwater management measure required at (a)6iv(5)(C) above, the stormwater runoff from the HPLAs and areas where stormwater runoff is exposed to source material shall be conveyed through an oil/grease separator or other equivalent manufactured filtering device providing for the removal of petroleum hydrocarbons.

(6) For all major development, as defined at N.J.A.C. 7:50-2.11, stormwater management measures shall be designed to achieve a minimum of 65 percent reduction of the post-construction total nitrogen load from the developed site, including those permanent lawn or turf areas that are specifically intended for active human use as described at N.J.A.C. 7:50-6.24(c)3, in stormwater runoff generated from the water quality design storm. In achieving a minimum 65 percent reduction of total nitrogen, the design of the site shall include green infrastructure in accordance with the BMP Manual and shall optimize nutrient removal. The minimum 65 percent total nitrogen reduction may be achieved by using a singular stormwater management measure or multiple stormwater management measures in series.

v. Stormwater management measure design, siting, and construction standards:

(1) Stormwater management measures designed to infiltrate stormwater shall be designed, constructed, and maintained to provide a minimum separation of at least two feet between the elevation of the lowest point of infiltration and the seasonal high water table;

(2) Stormwater management measures designed to infiltrate stormwater shall be sited in suitable soils verified by testing to have permeability rates between one and 20 inches per hour. A factor of safety of two shall be applied to the soil's permeability rate in determining the infiltration measure's design permeability rate. If such soils do not exist on the parcel proposed for development or if it is demonstrated that it is not practical for engineering, environmental, or safety reasons to site the stormwater infiltration measure(s) in such soils, the stormwater infiltration measure(s) may be sited in soils verified by testing to have permeability rates in excess of 20 inches per hour, provided that stormwater is routed through a bioretention system prior to infiltration. Said bioretention system shall be designed, installed, and maintained in accordance with the New Jersey Stormwater Best Management Practices Manual;

(3) For all major development, as defined at N.J.A.C. 7:50-2.11, groundwater mounding analysis shall be required for purposes of assessing the hydraulic impacts of mounding of the water table resulting from infiltration of stormwater runoff from the maximum storm designed for infiltration. The mounding analysis shall provide details and supporting documentation on the methodology used. Groundwater mounds shall not cause stormwater or groundwater to breakout to the land surface or cause adverse impacts to adjacent water bodies, wetlands, or subsurface structures, including, but not limited to, basements and septic systems. Where the mounding analysis identifies adverse impacts, the stormwater management measure shall be redesigned or relocated, as appropriate;

(4) The use of stormwater management measures that are smaller in size and distributed spatially throughout a parcel, rather than the use of a single, larger stormwater management measure shall be required;

(5) Methods of treating stormwater prior to entering any stormwater management measure shall be incorporated into the design of the stormwater management measure to the maximum extent practical;

(6) To avoid sedimentation that may result in clogging and reduction of infiltration capability and to maintain maximum soil infiltration capacity, the construction of stormwater management measures that rely upon infiltration shall be managed in accordance with the following standards:

(A) No stormwater management measure shall be placed into operation until its drainage area has been completely stabilized. Instead, upstream runoff shall be diverted around the measure and into separate, temporary stormwater management facilities and sediment basins. Such temporary facilities and basins shall be installed and utilized for stormwater management and sediment control until stabilization is achieved in accordance with N.J.A.C. 2:90, Standards for Soil Erosion and Sediment Control in New Jersey;

(B) If, for engineering, environmental, or safety reasons, temporary stormwater management facilities and sediment basins cannot be constructed on the parcel in accordance with (a)6v(6)(A) above, the stormwater management measure may be placed into operation prior to the complete stabilization of its drainage area provided that the measure's bottom during this period is constructed at a depth at least two feet higher than its final design elevation. When the drainage area has been completely stabilized, all accumulated sediment shall be removed from the stormwater management measure, which shall then be excavated to its final design elevation; and

(C) To avoid compacting the soils below a stormwater management measure designed to infiltrate stormwater, no heavy equipment, such as backhoes, dump trucks, or bulldozers shall be permitted to operate within the footprint of the stormwater management measure. All excavation required to construct a stormwater management measure that relies on infiltration shall be performed by equipment placed outside the footprint of the stormwater management measure. If this is not possible, the soils within the excavated area shall be renovated and tilled after construction is completed. Earthwork associated with stormwater management measure construction, including excavation, grading, cutting, or filling, shall not be performed when soil moisture content is above the lower plastic limit; and

(7) Dry wells shall be designed to prevent access by amphibian and reptiles.

vi. As-built requirements for major development, as defined at N.J.A.C. 7:50-2.11:

(1) After all construction activities have been completed on the parcel and finished grade has been established in each stormwater management measure designed to infiltrate stormwater, replicate post-development permeability tests shall be conducted to determine if as-built soil permeability rates are consistent with design permeability rates. The results of such tests shall be submitted to the municipal engineer or other appropriate reviewing engineer. If the results of the post-development permeability tests fail to achieve the minimum required design permeability rate, utilizing a factor of safety of two, the stormwater management measure shall be renovated and re-tested until the required permeability rates are achieved; and

(2) After all construction activities and required testing have been completed on the parcel, as-built plans, including as-built elevations of all stormwater management measures shall be submitted to the municipal engineer or other appropriate reviewing engineer to serve as a document of record. Based upon that engineer's review of the as-built plans, all corrections or remedial actions deemed necessary due to the failure to comply with design standards and/or for any reason concerning public health or safety, shall be completed by the applicant. In lieu of review by the municipal engineer, the municipality may engage a licensed professional engineer to review the as-built plans and charge the applicant for all costs associated with such review.

vii. Exceptions:

(1) For applications submitted pursuant to N.J.A.C. 7:50-4.31 through 4.50, a municipality may grant a variance in accordance with N.J.A.C. 7:8-4.6, as amended, from the on-site design and performance standards for green infrastructure, the standards for groundwater recharge, stormwater runoff quality, and stormwater runoff quality at N.J.A.C. 7:8-5.3, 5.4, 5.5, and 5.6, and the on-site recharge standards set forth at (a)6iv above, provided that:

(A) All mitigation projects shall be located in the Pinelands Area and in the same HUC-14 as the parcel proposed for development. If the applicant demonstrates that no such mitigation project is available, the municipality may approve a variance that provides for mitigation within the same HUC-11 as the parcel proposed for development, provided the mitigation project is located in the Pinelands Area;

(B) The proposed mitigation project shall be consistent with the stormwater management plan certified by the Commission pursuant to N.J.A.C. 7:50-3for the municipality in which the parcel proposed for development is located, unless said stormwater plan does not identify appropriate parcels or projects where mitigation may occur; and

(C) Any variance from the on-site recharge standards set forth at (a)6iv above shall require that the total volume of stormwater infiltrated by the mitigation project equals or exceeds the volume required at (a)6iv above.

(2) For applications submitted pursuant to N.J.A.C. 7:50-4.51 through 4.60, the Commission may grant an exception in accordance with the standards described at N.J.A.C. 7:8-4.6, as amended, from the on-site design and performance standards for green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quality at N.J.A.C. 7:8-5.3, 5.4, 5.5, and 5.6 and on-site recharge standards set forth at (a)6iv above, provided the conditions set forth at (a)6vii(1) above are met.

(3) Unless specifically included at (a)6vii(1) and (2) above, the exemptions, exceptions, applicability standards, and waivers of strict compliance for stormwater management described at N.J.A.C. 7:8 shall not apply.

(4) No variances or exceptions shall be granted from (a)6iii(1) above, which prohibits the direct discharge of stormwater runoff to any wetlands, wetlands transition area, or surface waterbody and the direction of stormwater runoff in such a way as to increase in volume and rate of discharge into any wetlands, wetlands transition area, or surface water body from that which existed prior to development of the parcel.

viii. Maintenance standards:

(1) For all major development, as defined at N.J.A.C. 7:50-2.11, the following standards shall apply:

(A) Maintenance plans shall be required pursuant to N.J.A.C. 7:8-5.8 and shall be supplemented to include reporting of inspection and repair activities. Said plans shall include accurate and comprehensive drawings of all stormwater management measures on a parcel, including the specific latitude and longitude and block/lot number of each stormwater management measure. Maintenance plans shall specify that an inspection, maintenance, and repair report will be updated and submitted annually to the municipality;

(B) Stormwater management measure easements shall be provided by the property owner as necessary for facility inspections and maintenance and preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities. The purpose of the easement shall be specified in the maintenance agreement; and

(C) An adequate means of ensuring permanent financing of the inspection, maintenance, repair, and replacement plan shall be implemented and shall be detailed in the maintenance plan. Financing methods shall include, but not be limited to:

I. The assumption of the inspection and maintenance program by a municipality, county, public utility, or homeowners association;

II. The required payment of fees to a municipal stormwater fund in an amount equivalent to the cost of both ongoing maintenance activities and necessary structural replacements.

(2) For all minor development, as defined at N.J.A.C. 7:50-2.11, the following standards shall apply:

(A) Maintenance plans shall be required for all stormwater management measures installed in accordance with (a)6iv(2) and (3) above. The BMP Manual may be utilized as a guide for developing maintenance plans that shall include, at a minimum:

I. A copy of the certified plan required pursuant to (a)6iv(4) above;

II. A description of the required maintenance activities for each stormwater management measure; and

III. The frequency of each required maintenance activity; and

(B) Responsibility for maintenance of stormwater management measures may be assigned or transferred to the owner or tenant of the parcel.

ix. Unless specifically mandated pursuant to (a)6i through viii above, the New Jersey Stormwater Best Management Practices Manual may be utilized as a guide in determining the extent to which stormwater management activities and measures meet the standards of (a)6i through viii above.

N.J. Admin. Code § 7:50-6.84

Amended by R.1988 d.405, effective 9/19/1988.
See: 20 N.J.R. 716(a), 20 N.J.R. 2384(a).
In (a)2, added "or collection" and "where a public health problem has been identified", and in (a)4ii, deleted "District" and added "Rural Development Area".
Amended by R.1994 d.590, effective 12/5/1994.
See: 26 N.J.R. 165(a), 26 N.J.R. 4795(a).
Administrative Correction
See: 27 N.J.R. 1410(a).
Amended by R.1995 d.449, effective 8/21/1995.
See: 27 N.J.R. 1557(a), 27 N.J.R. 1927(a), 27 N.J.R. 3158(a).
Deleted (a)5.iv.(2)(A)(I) and (a)5.iv.(2)(A)(II).
Amended by R.1996 d.225, effective 5/20/1996.
See: 27 N.J.R. 3878(a), 28 N.J.R. 2596(a).
In (a)4viii and (a)5ix inserted the reference to 7:14A-23.3(a).
Amended by R.2002 d.247, effective 8/5/2002.
See: 34 N.J.R. 722(a), 34 N.J.R. 2804(b).
Rewrote (a)5iv.
Amended by R.2006 d.159, effective 5/1/2006.
See: 37 N.J.R. 4133(a), 38 N.J.R. 1829(b).
Rewrote (a)6.
Amended by R.2009 d.108, effective 4/6/2009.
See: 40 N.J.R. 4874(a), 41 N.J.R. 1405(a).
In (a)6i(1), substituted "Title 210 - Engineering, 210-3-1 Small Watershed Hydrology (WINTR-55) Version 1.0" for "Technical Release 55 - Urban Hydrology for Small Watersheds", "http://www.wsi.nrcs.usda.gov/products/W2Q/H&H/Tools_Models/WinTr55.html" for "http://www.wcc.nrcs.usda.gov/water/quality/common/neh630/4content.hml", and "Davidson" for "Davison"; in (a)6vi(3), inserted "pursuant to N.J.A.C. 7:50-431 through 4.50" and deleted "and" from the end; added new (a)6vi(4); recodified former (a)6vi(4) as (a)6vi(5); and in (a)6vi(5), substituted "(4)" for "(3)."
Amended by R.2010 d.235, effective 10/18/2010.
See: 42 N.J.R. 987(a), 42 N.J.R. 2422(a).
Deleted former (a)5iv(1); recodified former (a)5iv(2) as (a)5iv(1); and added new (a)5iv(2).
Public Notice: Agency Action: Pilot Program for Alternate Design Wastewater Treatment Systems.
See: 43 N.J.R. 1380(b).
Public Notice: Agency Action: Pilot Program for Alternate Design Wastewater Treatment Systems.
See: 44 N.J.R. 2312(a).
Amended by R.2018 d.089, effective 3/5/2018.
See: 49 N.J.R. 3075(a), 50 N.J.R. 969(a).
Rewrote (a)5.
Amended by R.2018 d.195, effective 11/19/2018.
See: 50 N.J.R. 1523(a), 50 N.J.R. 2327(b).
In (a)5iv(2)(F) and (a)5iv(3)(F), updated the N.J.A.C. references.
Amended by R.2020 d.134, effective 12/21/2020.
See: 52 N.J.R. 1367(a), 52 N.J.R. 2177(a).
In the introductory paragraph of (a)2, substituted "that" for "which" and "at" for "of"; in (a)2ii, deleted "residential, commercial, and industrial" preceding "development"; in (a)5iv(2), in the introductory paragraph inserted "SeptiTech,"; in (A), substituted "Amphidrome, Bioclere, or SeptiTech" for "Amphidrome or Bioclere" and "single-family" for "single family"; (E), inserted the last sentence; rewrote (F) and (G); in (H), deleted "and" from the end; in (I), substituted a semicolon for a period; in (J), substituted "; and" for a period; and added (K).
Amended by R.2022 d.021, effective 1/18/2022.
See: 53 N.J.R. 1195(a), 54 N.J.R. 138(b).
Rewrote (a)6.

Administrative Change 54 N.J.R. 907(a), effective 4/11/2022