N.J. Admin. Code § 7:9C-1.5

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

Section 7:9C-1.5 - Ground water classification system and designated uses

(a) Ground water is classified according to the hydrogeologic characteristics of the ground water resource and the designated use(s) which are to be maintained, restored and enhanced within the classification area. Classifications are regional in nature and do not reflect localized infringements on designated uses due to natural quality or pollution incidents. Ground water users should not assume that existing ground water quality everywhere meets the criteria for classification areas established herein, in view of the potential for variations in natural quality or for localized pollution caused by human activity. Additional uses may be made of ground water in any classification area, subject to applicable Department rules, but these uses are not directly protected through this chapter.

(b) The Department shall preferentially protect the primary designated use for each classification area, and shall protect any secondary designated uses to the extent that such uses are viable using water of sufficient quality for the primary use and that the primary use is not impaired.

(c) There are three major classes of ground water, as defined in (d) through (f) below. They are:

Class I Ground Water of Special Ecological Significance

Class II Ground Water for Potable Water Supply

Class III Ground Water With Uses Other Than Potable Water Supply

(d) The primary designated use for Class I ground water is the maintenance of special ecological resources supported by the ground water within the classification area. Secondary designated uses are potable water, agricultural water and industrial water to the extent that these uses are viable using water of natural quality and do not impair the primary use, such as by altering ground water quality.

1. Class I-A--Exceptional Ecological Areas: Class I-A ground water consists of all ground waters within those classification areas listed at (d)1iii below or designated by the Department through the reclassification procedure in 7:9C-1.10, which satisfy either (d)1i or ii below. In addition, ground waters within those areas listed in (d)1iii below are classified as Class I-A ground waters, because the Department has determined that they satisfy the requirements of either (d)i or ii below. The Department may approve a Class I-A classification area if the ground water within that area:

i. Contributes to the transmittal of ground water to surface water in FW1 watersheds; and

(1) The area involved is under government ownership (fee simple or conservation restriction); or

(2) Is owned by a private entity that petitions the Department for reclassification of the property to Class I-A pursuant to N.J.A.C. 7:9C-1.10; or

ii. Contributes to the transmittal of ground water to the land surface or to surface water in areas of exceptional ecological value. Areas of exceptional ecological value satisfy the conditions described in (d)1ii(1), (2) or (3) below, and also satisfy the conditions described in both (d)1ii(4) and (5) below:

(1) Support threatened or endangered species as determined by the United States Department of the Interior pursuant to the Endangered Species Act, 16 U.S.C. 1531 et seq., or by the Department pursuant to the Endangered and Nongame Species Conservation Act, 23:2A-1 et seq.

(2) Support biotic communities within Natural Areas.

(3) Serve other exceptional ecological values such as being a part of or supporting state, nationally or internationally rare, threatened or endangered habitats where there is a significant risk that ground water pollution would impair or imperil the ecological values.

(4) The quality and transmittal of ground water is essential to the survival or maintenance of the exceptional ecological resource contained within the classification area.

(5) The area involved is of sufficient size to provide meaningful control of ground water quality to protect the target resource, based upon the biotic resource and local hydrogeology and is under government ownership (fee simple or conservation restriction), or is owned by a private entity that petitions the Department for reclassification of the property to Class I-A pursuant to N.J.A.C. 7:9C-1.10.

iii. Ground water within the following areas are herein classified Class I-A:

(1) Watersheds of FW1 surface waters;

(2) The Natural Areas as designated by the Department pursuant to 7:5A-1.13.

2. Class I-PL--Pinelands: The classification area for Class I-PL consists of all ground water in the Cohansey and Kirkwood Formations located within the Pinelands area as designated by the Pinelands Protection Act, 13:18A-1 et seq. (as indicated in figure 1 in the Appendix, incorporated herein by reference), other than those ground water areas classified as Class I-A.

i. Class I-PL (Preservation Area): The primary designated use is the support and preservation of unique and significant ecological resources of the Pinelands, through the restoration, maintenance and preservation of ground water quality in its natural state. Secondary designated uses include compatible agricultural uses in conformance with N.J.A.C. 7:50-6 et seq. and potable water uses.

ii. Class I-PL (Protection Area): The primary designated use is the preservation of Pinelands plant and animal species and their habitats through the protection and maintenance of the essential characteristics of Pinelands ground water quality. Secondary designated uses include potable and agricultural water.

(e) The primary designated use for Class II ground waters is the provision of potable ground waters with conventional water supply treatment, either at their current water quality (Class II-A) or subsequent to enhancement or restoration of regional water quality so that the water will be of potable quality with conventional water supply treatment (Class II-B). Both existing and potential potable water uses are included in the designated use.

1. Class II-A shall consist of all ground water of the State, except for ground water designated in Classes I, II-B or III. The primary designated use for Class II-A ground water shall be potable water and conversion (through conventional water supply treatment, mixing or other similar technique) to potable water. Class II-A secondary designated uses include agricultural water and industrial water.

2. Specific Class II-B areas, designated uses and constituent standards will be established through rule or through reclassification pursuant to 7:9C-1.10. The designated uses of Class II-B areas generally may include any reasonable use (other than potable use). Designated uses of Class II-B ground water shall not exacerbate existing ground water pollution or impede the ability to enhance or restore the quality of the ground water so that it will be potable or convertible to potable use with conventional water supply treatment, mixing or other similar techniques. Class II-B shall consist only of ground waters:

i. That exhibit extensive exceedance of one or more of the ground water quality criteria in 7:9C-1.7(c) within the proposed Class II-B area, due to past discharges of ground water pollutants;

ii. Where restoration of the ground water, where polluted, cannot be achieved using technologically practicable means;

iii. Where the conditions listed in (e)2(1) through (4) below exist within the proposed Class II-B area, and there is no indication in the projections of the Department, public water supply systems serving the area, or municipalities of the area that those conditions will cease to exist within the next 25 years:

(1) No public community water supply well or Zone of Contribution for such a well exists;

(2) Less than five percent of the potable water supply for the area subject to the petition is derived from ground water from within the proposed Class II-B area;

(3) Less than five percent of the potable water supply for any municipality (or portion thereof) within the Class II-B area is derived from ground water from within the proposed Class II-B area; and

(4) No significant concentration of domestic water supply wells exists;

iv. Where no significant risk of pollution migration into Class I or II-A areas exists;

v. Where a reliance on natural attenuation processes can be relied on over the vast majority of the area for the restoration of ground water quality for criteria identified pursuant to (e)2i above and does not pose a significant risk to public health, safety and welfare; and

vi. Where the reclassification requirements of 7:9C-1.10 are met.

3. Class II-B Classification Areas--(Reserved)

(f) The Class III ground waters are not suitable for potable water due to natural hydrogeologic characteristics or natural water quality. Class III includes geologic formations or units that are aquitards or have a natural quality that is unsuitable for conversion to potable water (for example, saline ground water).

1. Class III-A ground water consists of ground water in those aquitards that are described below. The primary designated use for Class III-A ground water is the release or transmittal of ground water to adjacent classification areas and surface water, as relevant. Secondary designated uses in Class III-A include any reasonable uses. Class III-A ground water includes portions of the saturated zones (that meet the criteria below) of the Woodbury Formation, Merchantville Formation, Marshalltown Formation, Navesink Formation, Hornerstown Formation, aquitard formations of the Potomac-Raritan-Magothy aquifer system and the Kirkwood aquifer system, portions of the glacial moraine and glacial lake deposits, and other geologic units having the characteristics of an aquitard, excepting Class I areas. These named aquitards (excluding glacial units) outcrop approximately in municipalities depicted in Figure 2 in the Appendix. Class III-A areas shall have the following characteristics:

i. Average at least 50 feet in thickness within the Class III-A area;

ii. Have a typical hydraulic conductivity of approximately 0.1 ft/day or less within the Class III-A area; and

iii. Have an areal extent within the Class III-A area of at least 100 acres.

2. Any interested party may provide evidence to the Department to demonstrate that an area meets the descriptive criteria of Class III-A. Upon review and verification of such evidence the Department may provide concurrence that the Class III-A classification applies to the area of interest.

3. Class III-B ground water consists of all geologic formations or units which contain ground water having natural concentrations or regional concentrations (through the action of salt-water intrusion) exceeding 3,000 mg/l Chloride or 5,000 mg/l Total Dissolved Solids, or where the natural quality of ground water is otherwise not suitable for conversion to potable uses. The designated uses for Class III-B ground water consist of any reasonable uses for such ground water other than potable water, using water of existing quality. The classification area includes ground water in parts of formations as indicated in Figures 3 through 5 in the Appendix.

4. Class III-B areas are subject to field verification wherever necessary. Areas not indicated on the maps may also qualify as Class III-B, subject to Department concurrence through an applicable regulatory program. The precise borders of Class III-B areas shall be confirmed using site specific data in the context of applicable regulatory programs. Any interested party may provide evidence to the Department to demonstrate that an area meets the descriptive criteria of Class III-B. Upon review and verification of such evidence the Department may provide concurrence that the Class III-B classification applies to the area of interest.

N.J. Admin. Code § 7:9C-1.5

Petition for Rulemaking.
See: 30 New Jersey Register 3552(b), 30 New Jersey Register 4077(b).
Recodified from N.J.A.C. 7:9-6.5 by R.2005 d.368, effective 11/7/2005.
See: 36 New Jersey Register 4374(b), 37 New Jersey Register 4226(b).
Rewrote (a) and (c)-(e).