N.J. Admin. Code § 7:7-16.3

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

Section 7:7-16.3 - Water quality

(a) As required by Section 307(f) of the Federal Coastal Zone Management Act, 16 U.S.C. §§ 1451 et seq., Federal, State, and local water quality requirements established under the Federal Clean Water Act, 33 U.S.C. §§ 1251 et seq., shall be the water resource standards of the coastal management program. These requirements include not only the minimum requirements imposed under the Clean Water Act but also the additional requirements adopted by states, localities, and interstate agencies pursuant to Section 510 of the Clean Water Act and such statutes as the New Jersey Water Pollution Control Act, 58:10A-1 et seq. In the Delaware River Basin, the requirements include the prevailing "Basin Regulations-Water Quality" adopted by the Delaware River Basin Commission as part of its Comprehensive Plan. In the waters under the jurisdiction of the Interstate Environmental Commission in the New Jersey-New York metropolitan area, the requirements include the Interstate Environmental Commission's Water Quality Regulations. Department rules related to water pollution control and applicable throughout the entire coastal zone include, for example, the Surface Water Quality Standards ( N.J.A.C. 7:9B), the Ground Water Quality Standards ( N.J.A.C. 7:9C), and the New Jersey Pollutant Discharge Elimination System rules ( N.J.A.C. 7:14A).

(b) Coastal development which would violate the Federal Clean Water Act, or State laws, rules and regulations enacted or promulgated pursuant thereto, is prohibited. In accordance with N.J.A.C. 7:15 concerning the Water Quality Management Planning and Implementation process, coastal development that is inconsistent with an approved Water Quality Management (208) Plan under the New Jersey Water Quality Planning Act, 58:11A-1 et seq., is prohibited.

(c) Rationale: Most of the natural, commercial, recreational, industrial, and aesthetic resources of the coastal zone affect or are affected by surface and groundwater quality. Specific coastal zone water quality problems include pollution by nutrients, pathogenic organisms, toxic and hazardous wastes, thermal discharges, suspended sediments, oxygen demanding wastes, and saline intrusion into freshwater resources. These pollutants can lower water quality sufficiently to prevent desired uses. Pursuant to the Federal Coastal Zone Management Act, Section 307(f), requirements established by a state or local government pursuant to the Federal Clean Air Act and Clean Water Act "shall be incorporated" into any program developed pursuant to the CZMA. This rule incorporates State water quality requirements by making clear that development which would violate New Jersey's water quality related statutes and regulations adopted pursuant to the Federal Clean Water Act is not allowed.

N.J. Admin. Code § 7:7-16.3

Renumbered from 7:7E-8.4 by 47 N.J.R. 1392(a), effective 7/6/2015

Amended by 50 N.J.R. 361(a), effective 1/16/2018