Current through Register Vol. 56, No. 24, December 18, 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.
