Issue:
Water Quality and Watershed ManagementReference:
DEP Docket Number 20-00-06/62
Proposal Number: PRN 2000-254
The Water Quality and Watershed Management proposed rules were publishedin the New Jersey Register on July 3, 2000 (32 N.J.R. 2285). Youcan download these rules and the executive summary at the Watershed Managementsection of NJDEP's Web site at www.state.nj.us/dep. The rule is over200 pages long and the summary an additional 200 pages long.
Background:
NJDEP is proposing to repeal the Water Quality Management (WQM) PlanningRules at N.J.A.C. 7:15 and replace them with new Water Quality and WatershedManagement rules at the same citation. The proposed new rules establishwater resource management planning policies for the State; set forth proceduresand requirements for Watershed Management Planning, as well as WatershedManagement Area Planning; set the requirements for identifying impairedwater bodies and for developing total maximum daily loads (TMDLs) for Statewater bodies in accordance with State and federal law; provide for publicinvolvement in the various planning efforts; and establish a watershedmanagement grant program. These new rules link principles of "smartgrowth," sustainable development, and watershed management as they relateto environmental infrastructure and water resource protection.
Description:
The proposed new rules are organized into 10 subchapters:
1. Contains the general provisions and policies that governwater quality and watershed management.
2. Describes the types of water quality plans, who is responsible fordeveloping the plans, and how the plans relate to one another.
3. Sets forth the procedures for adopting the "water quality limitedsegments list" as required by federal law of water bodies and water bodysegments in which water quality is impaired.
4. Contains the rules governing Watershed Management Area Plans.
5. Sets forth the requirements for developing total maximum daily loads(TMDLs) for water bodies and water body segments.
6. Establishes requirements related to discharges to groundwater ofless than 20,000 gallons per day.
7. Governs wastewater management planning.
8. Describes the environmental planning analysis and assessment methodsapplicable to substantive amendments to areawide WQM plans.
9. Governs public participation, consistency determinations and modificationsto areawide WQM plans.
10. Establishes the requirements for the watershed management grantsprogram.
Public Comment:
NJDEP has extended the public comment period to October 2, 2000. For more information on NJBIA's comments or to electronically send yourcomments to the governor and NJDEP commissioner, visit www.njbia.org.Written comments must be sent by October 2, 2000, to:
Gary J. Brower, Esq.
Attn: DEP Document Number: 20-00-06/62
Office of Legal Affairs
Department of Environmental Protection
PO Box 402
Trenton, NJ 08625-0402
NJBIA Member Action:
The Association is looking for informed input from the many sectorsof the business community and individual members who will be affected bythis measure. The Association will develop draft comments to sharewith interested parties.· Please review proposed rules.
· To learn more on this topic, visit NJBIA's Web site at www.njbia.org.
· Contact Jim Sinclair at 609-393-7707, ext. 236, to join NJBIAWatershed Regulations Working Group.
· Provide individual comments to NJDEP prior to October 2, 2000.
· Send your suggestions, observations and comments to jsinclair@njbia.org.
NJBIA Concerns:
This is a large 200-page rule filled with a strange mixture of technicalcomplexity, legalese and land-use planning terminology. By the department'sown account, it represents a "sea-change in the State's decision-makingframework and a milestone in the implementation of the vision of a sustainablestate." Without a doubt, this regulation will be highly controversialand highly contested. If enacted in its present form, it will impacton many development decisions for locations requiring sewer connectionsor water supply. NJDEP will use its regulatory power to approve or reject local plansand individual projects to insure that they adhere to the mandates of theState Development and Redevelopment Plan "State Plan." NJDEP providesitself with the power in N.J.A.C. 7:15-8.12 to be the judge and jury overmost major developments in nonurban areas of the State. The departmentwill deny approval of substantive amendments to water quality plans thatare not demonstrated to be coordinated and integrated with selected "StatePlan" policies relevant to water quality planning."
NJBIA Position:
Based on the comments of our members and the magnitude of public dissatisfactionwith the proposal NJBIA requests that the proposed rule be withdrawn andresubmitted after legislative review, additional stakeholder meetings anda through redrafting of the details.
NJBIA Contact:
Jim Sinclair, 609-393-7707, ext. 236
Fax: 609-695-9597 E-mail: jsinclair@njbia.org September 25, 2000
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