N.J. Admin. Code § 7:9B-1.11

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

Section 7:9B-1.11 - Procedures for reclassifying specific segments for more restrictive uses

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

(b) The Department may entertain petitions for reclassification of specific segments, pursuant to (f) below, at any time.

(c) Documentation supporting the petition for reclassification for more restrictive use(s) shall be prepared by the petitioner for such reclassification, where one exists, or by the Department, where it decides to initiate such reclassification on its own.

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

(e) A reclassification for more restrictive uses shall be made whenever:

1. It is demonstrated to the satisfaction of the Department that there are existing uses of the specific segment that are not included in the designated uses; or

2. Where a reclassification for less restrictive uses has been granted pursuant to 7:9B-1.10, the bases for the reclassification no longer exist; or

3. It is demonstrated to the satisfaction of the Department that any uses in Section 101(a)(2) of the Federal Clean Water Act, protection and propagation of fish, shellfish, and wildlife, and recreation in and on the water, which are not included in the designated uses listed in this subchapter are attainable.

(f) A reclassification for more restrictive uses may be made when:

1. It is demonstrated to the satisfaction of the Department that the waters should be set aside to represent the natural aquatic environment and its associated biota; or

2. It is demonstrated to the satisfaction of the Department that a more restrictive use is necessary to protect a unique ecological system or threatened/endangered species.

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

N.J. Admin. Code § 7:9B-1.11

Amended by R.1993 d.610, effective 12/6/1993.
See: 24 New Jersey Register 3983(a), 25 New Jersey Register 5569(a).
Amended by R.1998 d.234, effective 5/18/1998.
See: 29 New Jersey Register 5128(a), 30 New Jersey Register 1778(a).
In (a), deleted "sponsored or endorsed by County or Municipal Governing Bodies" following "entertain petitions".