N.J. Admin. Code § 7:9C-1.10

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

Section 7:9C-1.10 - Procedures for reclassification of ground water

(a) Reclassification of ground water areas shall be accomplished through rulemaking in accordance with the Administrative Procedure Act, 52:14B-1 et seq.

(b) Any interested person may seek to have any ground water area reclassified by filing a petition with the Department. For the purposes of this subsection, interested persons shall include, but not be limited to:

1. Any State, county or municipal governmental entity with jurisdiction over the area that is proposed for reclassification; and

2. Any person residing or discharging in the area that is proposed for reclassification.

(c) Petitions shall comply with and shall be reviewed in compliance with 52:14B-4 and 7:1D-1.1.

(d) For purposes of this subsection, ground water areas subject to petition for reclassification shall constitute at least a significant portion of one or more geologic units or formations. In no event shall a reclassification area consist only of an area underlying property owned by a single person (except in the case of reclassification to and from Class I-A), an area affected only by one discharge, or an area affected only by a set of discharges owned or controlled by a single person.

(e) In setting forth the reasons for its petition, the petitioner shall describe the proposed reclassification area (both lateral and vertical), and shall include appropriate ground water quality and hydrogeologic analyses, as well as statements regarding the environmental, economic and social impacts of the proposed reclassification.

(f) In order to grant a petition to propose a rule amendment to apply a more stringent classification to a ground water area, the Department must find that the petitioner has established that the subject area has the characteristics of the more stringent classification.

(g) In order to grant a petition to propose a rule amendment to apply a less stringent classification to a ground water area, the Department must find that the petitioner has established that:

1. The designated use cannot be maintained in the subject area;

2. Based upon an analysis of background water quality of constituent standards in downgradient areas and of ground water flow vectors and gradients, contaminant attenuation, flow barriers and potential for induced movement, the reclassification will not result in significant risk of the following:

i. Impairment to existing uses of ground water or significant potential for pollutant migration to downgradient classification areas;

ii. Degradation of downgradient surface water quality in violation of the surface water quality standards;

iii. Degradation of the quality of source water for public water supply wells in violation of the provisions of 7:9C-1.7, 1.8 and 1.9; or

iv. Significant threats to public health, safety and welfare; and

3. The subject area has the characteristics of the less stringent classification.

(h) The petitioner shall provide public notice of the petition by mailing a copy of a summary of the petition, including all subsequent amendments, to:

1. All owners of residences or facilities identified by local health officials or by the petitioner during the preparation of the petition as operators of wells in the subject area;

2. The mayor or governing body, and the planning board and environmental commission of all municipalities in which any part of the subject area is located;

3. All public water systems utilizing ground or surface water from the subject area;

4. All local or county health agencies with jurisdiction over any part of the subject area; and

5. Any other interested party who requests a copy of the petition summary in writing to either the Department or the petitioner.

(i) The petitioner shall cause public newspaper notice of the petition to be published, in two daily, and one weekly, newspapers (if available) that are distributed in the municipalities of the subject area, which notice shall include a brief summary of the petition.

N.J. Admin. Code § 7:9C-1.10

Administrative change.
See: 32 N.J.R. 1796(a).
Recodified from N.J.A.C. 7:9-6.10 by R.2005 d.368, effective 11/7/2005.
See: 36 N.J.R. 4374(b), 37 N.J.R. 4226(b).
Petition for Rulemaking.
See: 44 N.J.R. 3009(a), 45 N.J.R. 1660(c).