N.J. Admin. Code § 7:9B-1.10

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

Section 7:9B-1.10 - Procedures for reclassifying specific segments for less restrictive uses

(a) The Department will entertain petitions, for reclassification of specific segments to less restrictive uses, or may decide to initiate reclassification proceedings on its own, at any time.

(b) Any reclassification proceedings will include full documentation of the items contained in (d) and (e) below. The documentation will be prepared by either the Department (where the Department has initiated the reclassification on its own) or the petitioner for the reclassification.

(c) The Department shall issue public notice to all interested parties (including affected municipalities) and shall hold public hearing(s) as part of any reclassification proceeding.

(d) The Department or the petitioner, as indicated in (b) above, shall include in the reclassification documentation appropriate water quality studies and analyses, biological studies and analyses, environmental, social, and economic studies as are necessary to demonstrate the satisfaction of (e)1 and 2 below, in addition to at least one of the remaining criteria in (e) below.

(e) The Department may establish less restrictive uses than the designated uses only after it has been demonstrated to the satisfaction of the Department that:

1. None of the uses being removed are existing uses; and

2. The uses to be removed will not be attained by implementing effluent limits required by Sections 301(b) and 306 of the Federal Clean Water Act in conjunction with implementation of cost-effective and reasonable best management requirements for nonpoint source pollution control; and

3. The existing designated use is not attainable because of natural background; or

4. The existing designated use is not attainable because of irretrievable man-induced conditions; or

5. Natural, ephemeral, intermittent, or low flow conditions or water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating State water conservation requirements to enable uses to be met; or

6. Physical conditions related to the natural features of the water body, such as the lack of a proper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality, preclude attainment of aquatic life protection uses; or

7. Controls more stringent than those required by Sections 301(b) and 306 of the Federal Clean Water Act would result in substantial and widespread adverse social and economic impact.

(f) Any reclassification for less restrictive uses, established pursuant to this section shall be reviewed during each review of water quality standards pursuant to Section 303 of the Federal Clean Water Act (at least once every three years). Either the Department or the original petitioner, as indicated in (b) above, shall be responsible for supplying documentation showing that the bases for the reclassification still exist.

(g) In those cases in which a thermal discharge is involved, the procedures for reclassifying segments for less restrictive use shall be consistent with section 316 of the Federal Clean Water Act.

N.J. Admin. Code § 7:9B-1.10

Amended by R.1998 d.234, effective 5/18/1998.
See: 29 New Jersey Register 5128(a), 30 New Jersey Register 1778(a).
Rewrote (a).