N.J. Admin. Code § 7:9C-1.8

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

Section 7:9C-1.8 - Antidegradation policy

(a) The Department shall protect existing ground water quality that is better than criteria from significant degradation. The Department shall not approve any further degradation of ground water quality where background water quality contravenes the criteria.

(b) The antidegradation policy at (a) above shall be implemented as follows:

1. The Department shall not approve a new or expanded discharge to Class I ground water if the discharge would result in the degradation of natural quality of the ground water, unless the discharge is to Class I-PL ground water and the project or activity associated with the discharge is in conformance with N.J.A.C. 7:50-6.

2. The Department shall not approve a new or expanded discharge to ground water in the Highlands preservation area unless the project or activity associated with the discharge conforms with the Highlands Water Protection and Planning Act Rules, N.J.A.C. 7:38. "Highlands preservation area" means that portion of the Highlands region so designated by N.J.S.A. 13:20-7b.

3. Excluding those in the Highlands preservation area subject to (b)2 above, the Department shall not approve a discharge from a new or expanded domestic treatment works to Class II or Class III ground water that requires a water quality management plan amendment pursuant to N.J.A.C. 7:15 unless the Department determines, through the plan amendment process, that existing ground water quality will be maintained. A nitrate concentration of two mg/L, which is representative of the average existing ground water quality Statewide, shall be used in determining that existing ground water quality is maintained on a HUC 11 basis.

4. Excluding those in the Highlands preservation area subject to (b)2 above, the Department shall not approve a discharge from a new or expanded domestic treatment works to Class II or Class III ground water that requires a NJPDES discharge to ground water permit pursuant to N.J.A.C. 7:14A unless the Department determines, through the NJPDES permit process, that the total nitrate load to the property served by the treatment works, when expressed as a concentration, shall not exceed six mg/L nitrate. The nitrate concentration of six mg/L nitrate represents half of the sum of two mg/L nitrate, which is representative of the average existing ground water quality Statewide, and the ground water quality criterion for nitrate of 10 mg/L (that is, 10,000 [mu]g/L) set forth in Appendix Table 1.

5. Excluding those in the Highlands preservation area subject to (b)2 above, the Department shall not approve a discharge from a new or expanded industrial treatment works to Class II or Class III ground water that requires a NJPDES industrial discharge to ground water permit pursuant to N.J.A.C. 7:14A unless the Department determines, through the NJPDES permit process, that the total load of each constituent discharged to the property served by the treatment works, when expressed as a concentration, shall not exceed half of the sum of background water quality for that constituent and the applicable ground water quality criterion, where background water quality does not exceed such criterion.

N.J. Admin. Code § 7:9C-1.8

Administrative Correction to (b).
See: 25 N.J.R. 1552(a).
Recodified from N.J.A.C. 7:9-6.8 by R.2005 d.368, effective 11/7/2005.
See: 36 N.J.R. 4374(b), 37 N.J.R. 4226(b).
Repeal and New Rule, R.2008 d.162, effective 7/7/2008.
See: 39 N.J.R. 2417(a), 40 N.J.R. 3992(a).
Section was "Antidegradation policy".