Current through Register Vol. 56, No. 24, December 18, 2024
(a) In
accordance with the provisions of this section,
N.J.A.C.
7:15-5.24 and 5.25, each wastewater
management plan shall include a description of wastewater service areas and DTW
necessary to meet anticipated wastewater management needs over a 20-year period
for urbanized municipalities or at build-out for all other municipalities. The
description shall include:
1. Cost-effective,
environmentally sound wastewater management, including regional management
where appropriate; and
2.
Examination of specific wastewater management alternatives as part of the
preparation of the wastewater management plan in accordance with
N.J.A.C.
7:15-5.25. The Department shall require such
examination to include analysis of critical economic, social, environmental, or
institutional factors pertaining to such alternatives.
(b) Except for urbanized municipalities,
subject to the requirements, qualifications, and exceptions listed in (b)3
through 6 below, wastewater service areas and DTW shall be identified in such a
manner as to provide adequate wastewater service for:
1. Land uses allowed in zoning ordinances
that have been adopted and are in effect under
N.J.S.A. 40:55D-62; or
2. The wastewater management plan shall
identify relevant zoning ordinances on which the wastewater management plan is
based specifying the type, density, and intensity of land use allowed in each
district.
3. If, for particular
locations, a zoning variance under article 9 of the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq., allows land development
that would generate more wastewater than would the development allowed in the
zoning ordinance, then for some or all of those locations the wastewater
management plan may be based on the zoning variance rather than on the zoning
ordinance.
4. If, for particular
locations, preliminary or final subdivision or site plan approvals under
article 6 of the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq., have allowed land
development that would generate more wastewater than would the development
allowed in the zoning ordinance, then for those locations the wastewater
management plan shall be based on such approvals rather than on the zoning
ordinance.
5. Wastewater management
plans relating to the New Jersey Coastal Zone, the Hackensack Meadowlands
District, the Pinelands Area, or the Pinelands National Reserve are subject to
the requirements of
N.J.A.C.
7:15-3.6 or 3.7, as appropriate. Wastewater
management plans relating to the Highlands Region are subject to the
requirements of
N.J.A.C.
7:15-3.10.
6. The proposed wastewater management plan
may be inconsistent with zoning ordinances for compelling reasons, provided
that the wastewater management plan specifically identifies such
inconsistencies and sets forth such reasons with adequate
documentation.
(c) Each
wastewater management plan shall include maps of future wastewater service
areas, and of specified categories of future DTW, that are necessary to meet
anticipated wastewater management needs at the end of the 20-year period for
urbanized municipalities, or at build-out for all other municipalities. These
maps shall depict the following:
1. The
location, within or outside the wastewater management plan area, of each
existing, expanded, or new DTW, if any, that would not be a sewer or a pumping
station, but that would receive sewage that would arise within or be conveyed
into or through the wastewater management plan area, if such DTW would require
a NJPDES discharge permit and:
i. Directly
discharge to surface waters, or onto the land surface (for example, spray
irrigation or overland flow facilities); or
ii. Have a design capacity of greater than
2,000 gallons per day, and store or dispose of sewage by any means;
2. The location of each discharge
to surface or ground water from each DTW mapped within the wastewater
management plan area under (c)1 above;
3. The location of each existing, expanded,
or new pumping station and major interceptor and trunk sewer, if any, that
would convey sewage within the wastewater management plan area;
4. The sewer service area, within or outside
the wastewater management plan area, for each DTW mapped within the wastewater
management plan area under (c)1 above, distinguishing the separate area to be
served by each DTW;
5. The sewer
service area, within the wastewater management plan area, for each DTW mapped
outside the wastewater management plan area under (c)1 above, distinguishing
the separate area to be served by each DTW; and
6. The area, if any, within the wastewater
management plan area that would be served only by either or both of the
following:
i. Individual subsurface sewage
disposal systems for individual residences; or
ii. Other DTW that would have a design
capacity of 2,000 gallons per day or less, and use either individual subsurface
sewage disposal systems or other sewage disposal systems that would have no
direct discharge to surface water or onto the land surface.
(d) For each DTW mapped
within the wastewater management plan area under (c)1 above, each wastewater
management plan shall further identify the future DTW that are necessary to
meet wastewater management needs by providing, in narrative, outline, or
tabular form, the following information applicable to such DTW at the end of
the 20-year period for urbanized municipalities, or at build-out for all other
municipalities:
1. Owner and, where known,
name of the DTW;
2. Name of any
other governmental unit or corporation, if any, to be responsible for operating
the DTW;
3. Location of the DTW
within municipality, county, and WQM planning area, and within any existing
district;
4. Where known, NJPDES
permit number for any discharges from the DTW;
5. Name of present or proposed NJPDES
permittee and any co-permittee for any discharges from the DTW;
6. Name and present classification, under
N.J.A.C. 7:9B and 7:9C, of any surface and ground waters that would receive any
discharges from the DTW;
7.
Estimate of residential population to be served by the DTW within and outside
the wastewater management plan area, disaggregated by municipality and
including any major seasonal fluctuations; and
8. Estimated average planning flow of
wastewater in accordance with
N.J.A.C.
7:15-5.25(d) to be received
by the DTW, in millions of gallons per day, disaggregated by municipality and
expressed as total flow, as flow arising within and outside the wastewater
management plan area, and as flow attributed to each of the following sources:
residential, commercial, and industrial.
(e) For each DTW mapped outside the
wastewater management plan area under (c)1 above, each wastewater management
plan shall further identify the future DTW that are necessary to meet
wastewater management needs by providing, in narrative, outline, or tabular
form, the following information applicable to such DTW at the end of the
20-year period for urbanized municipalities, or at build-out for all other
municipalities, and at the end of any shorter or longer period identified under
(a) above:
1. Owner and, where known, name of
the DTW;
2. Estimate of residential
population to be served by the DTW within the wastewater management plan area,
disaggregated by municipality and including any major seasonal fluctuations;
and
3. Estimated average planning
flow of wastewater in accordance with
N.J.A.C.
7:15-5.25(d) to be conveyed
to the DTW from the wastewater management plan area, in millions of gallons per
day, disaggregated by municipality and expressed as total flow and as flow
attributed to each of the following sources: residential, commercial and
industrial.
(f) The
wastewater management plan shall document the basis for the estimated planning
flows attributed to residential, commercial, and industrial sources under (d)8
and (e)3 above. Where actual, accurate gauging is available for a sewer system
already in existence, such gauging shall be used in preparing these flow
estimates, with an allowance for future changes in wastewater flow. There shall
be a reasonable relationship between these flow estimates and wastewater
service areas identified under (c)4 and 5 above. There shall be a reasonable
relationship, consistent with (b) above, between these wastewater service areas
and residential population estimates under (d)7 and (e)2 above. The average
domestic flow from new development, exclusive of industrial flows, shall be
calculated utilizing the projected flow criteria found at
N.J.A.C.
7:14A-23.3 or
7:9A-7.4, as applicable, for the
type of wastewater facilities proposed. Wastewater flows shall be expressed as
a 30-day average flow from DTW that discharge to surface water and as a daily
maximum flow from DTW that discharge to ground water. In instances where future
specific residential dwelling types are unknown, the residential flow
calculation may be computed using 75 gallons per capita per day. No additional
provisions for inflow and infiltration shall be made as the above flows include
allowances for inflow and infiltration.
(g) Unless expressly stated otherwise in the
wastewater management plan, disaggregations of estimated flows by municipality
and land use under (d)8 and (e)3 above shall serve only to document the basis
for estimates of total flow under those paragraphs, and shall not constitute
legally enforceable flow allocations to those municipalities or land
uses.
(h) If the Department has
waived under
N.J.A.C.
7:15-5.16(d) the
disaggregation by municipality or land use of existing flow to a DTW, then the
disaggregation of estimated flow by municipality or land use under (d)8 and
(e)3 above shall be limited to disaggregation of future changes in wastewater
flow to that DTW.
(i) A wastewater
management plan may identify specific changes to assignments of wastewater
management plan responsibility under
N.J.A.C.
7:15-5.9, or specific changes to 201
facilities planning responsibilities. Such changes shall take effect upon
adoption of the wastewater management plan under
N.J.A.C.
7:15-3.4. A wastewater management plan may
suggest the establishment, modification, or elimination of districts or
franchise areas under
N.J.S.A. 40:14A-1 et seq., 40:14B-1 et seq., 58:14-1
et seq., or 48:1-1 et seq., but such districts or franchise areas shall be
established, modified or eliminated only in the manner provided by law.
Inclusion of such suggestions in an adopted wastewater management plan does
not, by itself, accomplish such establishment, modification, or
elimination.
