New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM
Subchapter 22 - TREATMENT WORKS APPROVALS, SEWER BANS, SEWER BAN EXEMPTIONS
Section 7:14A-22.9 - Stage II "construction only" treatment works approvals
Universal Citation: NJ Admin Code 7:14A-22.9
Current through Register Vol. 56, No. 18, September 16, 2024
(a) "Dry/construct only" treatment works approvals are stage II approvals, for which operation may not occur until the Department issues a formal stage III approval in accordance with the provisions of this subchapter. Generally, the Department will consider applications for "dry/construct only" facilities in the following circumstances:
1. The proposed project is located in an area that
is not currently served by a sewage collection system, and is located within a
future sewer service area as identified in the appropriate water quality management
plan. In such cases, the application shall include the following:
i. Permits for individual septic systems issued by
the administrative authority pursuant to N.J.A.C. 7:9A, or a certification from the
administrative authority attesting to the suitability of the soils to support
on-site subsurface disposal systems in accordance with N.J.A.C. 7:9A; and
ii. A statement from the municipality and the
person financially responsible for the project, that the septic systems will be
abandoned and connection to the domestic treatment works will occur at such time as
sewer lines become available.
2. The proposed project is located in an area
currently subject to a sewer connection ban and the applicant seeks permission to
construct sewage collection and conveyance facilities that will not become
operational until the sewer connection ban is rescinded by the Department. The
Department's consideration of this request is dependent upon submission and
compliance with the following:
i. The owner of the
receiving sewage treatment plant or downstream collection/conveyance facility which
is subject to the sewer ban is in compliance with one of the following:
(1) An executed administrative consent order with
the Department, which provides a schedule for all corrective work that is necessary
for rescission of the sewer connection ban; or
(2) A treatment works approval permit has been
issued for construction, the completion of which will result in rescission of the
sewer connection ban, and a contract with a specific date for the completion of
construction has been awarded;
ii. Submission of a written statement with
appropriate documentation that the project can be financially managed during the
expected duration of the sewer connection ban, or submission and concurrent approval
of an interim means of sewage disposal pursuant to
7:14A-22.13 or 22.14; or
3. The project is for the construction
of sewer lines in conjunction with a road paving project, will not have any
immediate source of contributory flow, and is located in a current or future sewer
service area as identified by the appropriate wastewater management plan.
(b) "Dry/construct only" treatment works approval applications shall include the following:
1. All items identified under
7:14A-22.8, for requirements of stage II
treatment works approvals, with the exception of non-applicable sections of the
Department's WQM003 consent form for treatment plants or collection systems subject
to a sewer connection ban; and
2. A Dry
Sewer Affidavit signed by (as applicable) the property owner, the municipality in
which the project is located, and appropriate official of the receiving sewage
treatment plant, stating at least the following:
i. The affected authority/municipality shall not
allow the use of the sewerage facilities without prior written approval from the
Department;
ii. That operation of the
treatment works will not be permitted until the sewer connection ban has been
rescinded by the Department (if applicable) or adequate downstream sewerage
facilities are available as determined by the Department (if applicable);
iii. That the possibility exists a treatment works
approval for operation (stage III) may not be granted, or may be excessively delayed
and that the applicant is proceeding at his own risk; and
iv. The applicant is aware that subsequent
construction of the permitted "dry" treatment works, in and of itself, does not
qualify the project for a sewer ban exemption pursuant to
7:14A-22.22.
(c) A "dry/construct only" treatment works approval shall be filed with the appropriate county clerk as notice to prospective purchasers of restrictions that may apply to the property. The "dry/construct only" TWA shall remain filed with the deed of record until such time as a treatment works approval for operation (stage III) has been issued by the Department.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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