Current through Register Vol. 56, No. 18, September 16, 2024
(a) If the average flow
over 12 consecutive months, as reported in DMRs by the permittee of a treatment
plant, reaches or exceeds 95 percent of the permitted flow of that treatment plant,
the permittee, in coordination with participating municipalities and sewage
authorities, shall:
1. Conduct a capacity analysis
that assesses the treatment works; evaluates alternative measures that would
maximize conveyance and treatment of existing flows, reduce or maintain existing
flows below permitted flow, and/or increase the capacity of the treatment works;
identifies the alternative(s) that will be implemented; establishes an
implementation schedule; and identifies the financing mechanism(s) for the selected
alternatives;
2. Submit the capacity
analysis report described at (c) below to the Department within 180 days after the
last day of the final month of the 12-consecutive-month period; and
3. Beginning the last day of the month following
the date the threshold at (a) above is met, and on a quarterly basis thereafter,
submit a completed WQM007 Form to the Department at: Municipal Finance and
Construction Element, Bureau of Financing and Construction Permits, PO Box 420; Mail
Code 401-03D, Trenton, NJ 08625-0420.
(b) Within 180 days of notification by the
Department, the permittee of a treatment plant at which the NJPDES permitted flow is
occasionally exceeded during wet weather events shall conduct a capacity analysis as
described at (a)1 above and submit a capacity analysis report as described at (c)
below.
(c) The capacity analysis report
submitted under (a) or (b) above or (d) below shall include:
1. An assessment of the treatment works,
including:
i. Dry weather treatment capacity at the
plant;
ii. Wet weather treatment
capacity at the plant;
iii. Sources and
extent of inflow and infiltration;
iv.
Amount of flow for connections for which TWAs have been issued but which are not yet
in operation, and projected flows to accommodate growth within the service area over
the next 20 year period;
v. Current
operation and maintenance practices that maximize conveyance and
treatment;
vi. Planned improvements to
the treatment works;
vii. Pending
applications for NJPDES permits and treatment works approvals related to the
capacity of the treatment works; and
viii. Compliance status, including NJPDES permit
violations and known sanitary sewer overflows.
2. Based on the assessment of the treatment works
described at (c)1 above, an evaluation of alternative measures that would maximize
conveyance and treatment of existing flows, reduce or maintain existing flows below
permitted flow at the treatment plant and ensure adequate conveyance capacity,
and/or increase the capacity of the treatment works. This evaluation shall include,
at a minimum:
i. A review of current and proposed
water conservation measures to reduce flow;
ii. Strategies to reduce infiltration;
iii. Strategies to reduce inflow from sanitary
sewer lines, including disconnection of roof leaders, sump pumps, and other sources
of inflow, and redirect the inflow to storm sewer lines to the extent
feasible;
iv. Strategies to maximize
current conveyance and treatment capacity including changes to current operation and
maintenance practices or increases in permitted flow at the treatment plant;
and
v. Capital improvements to expand
existing conveyance or treatment capacity;
3. The identification of and justification for the
measure(s) selected based on the evaluation of alternatives described at (c)2
above;
4. An implementation schedule for
the selected alternative(s), including any necessary continued assessment of
infiltration and inflow and changes to rules, ordinances, and sewer use agreements
of the permittee, participating municipalities, and/or sewage authorities. The
implementation schedule shall provide for the revision of relevant operation and
maintenance and asset management plans to incorporate the selected alternative(s)
and the submittal of quarterly progress reports to the Department;
5. A description of the mechanisms to be used to
finance the selected alternative(s); and
6. A certification signed in accordance with
N.J.A.C.
7:14A-4.9 that the selected alternative(s) will be
undertaken in accordance with the implementation schedule.
(d) Within 180 days of notification by the
Department, the owner or operator of a conveyance system shall conduct a capacity
analysis as described at (a)1 above and submit a capacity analysis report as
described in (c) above. The following are causes for requiring a capacity analysis
and report under this subsection:
1. Existing
flows to the treatment works approach the design capacity of the conveyance
system;
2. Excessive infiltration and
inflow exists in the conveyance system;
3. The conveyance system is hydraulically
connected to a combined sewer system or a treatment plant that receives flow from
municipalities with a combined sewer system;
4. There has been an unpermitted discharge from
the treatment works, including sanitary sewer overflows; or
5. The 12-consecutive-month average flow equals or
exceeds 95 percent of the permitted flow at the receiving treatment plant and any
municipality or sewage authority has not cooperated with the permittee to conduct
the capacity analysis required pursuant to (a) above.
(e) Upon approval by the Department of a program
submitted pursuant to (a), (b), or (d) above, the permittee or the owner or operator
of the conveyance system shall:
1. Give public
notice of the program in a manner designed to inform local residents, developers,
the local planning board, and other affected persons. Such notice shall include the
following information:
i. The name, mailing
address, and telephone number of the owner of the treatment works;
ii. If applicable, the permitted flow of the
treatment plant;
iii. If applicable, the
existing flow to the treatment plant;
iv. A statement that the treatment plant has
reached its permitted flow or the conveyance system has met one of the criteria in
(d) above and the possibility exists that a sewer connection ban will be imposed or
that the Department may cease to issue treatment works approvals for projects that
convey flow to the treatment plant; and
v. A description of the sewer service area
including the participating municipalities; and
2. Make a copy of the capacity analysis report
available to the public on the website and at the office of the permittee or of the
owner or operator of the conveyance system.
(f) If the threshold in (a) above is met and the
permittee anticipates that additional flows will result in any of the criteria at
N.J.A.C.
7:14A-22.17 being met, the permittee shall prepare
for the imposition of a sewer connection ban in accordance with
N.J.A.C.
7:14A-22.18.
(g) If the Department determines that the
permittee, any of the participating municipalities, a sewage authority, or the owner
or operator of a conveyance system does not submit a capacity analysis report that
meets the requirements of this section or is not implementing capacity assurance
measures in accordance with (a) through (f) above, the Department may cease the
further issuance of treatment works approvals for additional flow to the plant. In
the event that such a decision is made, the Department, at its discretion, may grant
exceptions for projects that require a TWA providing the project meets the sewer ban
exemption criteria specified in N.J.A.C. 7:14A-12.22.
(h) The permittee may submit a request to
discontinue quarterly submittal of the WQM007 Form required under (a) above if the
permittee has completed the selected alternative(s) in (c) above as approved by the
Department and can demonstrate that flow, as reported in DMRs, has decreased to
below 95 percent of the permitted flow for 36 consecutive months. The Department's
approval of such request does not exempt that permittee from the application of the
requirements of this section in the future.
(i) Neither this section nor the provisions of
7:14A-22.17 shall apply to industrial treatment works that are direct dischargers to
the waters of the State.
