The Department of Environmental Protection (DEP) administers the Statewide Water Quality Management (WQM) Planning rules, N.J.A.C. 7:15 in conjunction with the Statewide WQM Plan, which together constitute the Continuing Planning Process conducted pursuant to the Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq., the Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq., and N.J.S.A. 13:1D-1 et seq., and as required by Sections 303(e) and 208 of the Federal Clean Water Act (33 U.S.C. 1251 et seq.). According to these rules, the Commissioner of the DEP shall not undertake, or authorize through the issuance of a permit, any project or activity that affects water quality and conflicts with the applicable sections of adopted WQM Plans or the Statewide WQM Planning rules. The existing rules establish a mechanism for the determination of consistency between proposed projects or activities requiring departmentally issued permits and the WQM Plans. In addition, procedures for the modification of water quality management plans, when necessary, either through amendment or revision are also specified. The revision process has two separate tracks, one that is solely to address documented errors in the existing WQM Plans and the other to address certain specified minor changes to the WQM Plan. The amendment process also has two separate tracks, one that addresses project-specific amendments under specified size limitations and the other which amends the WQM Plans for entire wastewater management planning areas of municipal size or larger. Designated planning agencies with approved procedures may also process WQM Plan amendments, but Plan amendments approved by designated planning agencies are only valid upon adoption by the Department as the Governor designee.
A Wastewater Management Plan (WMP) is a document that provides 20 year planning for wastewater and certain other water quality concerns. The WMP must address a specific planning area and must be submitted to the Department of Environmental Protection by a wastewater management planning agency within a specified time period. The agency with wastewater management planning responsibility for a specific area is determined by the jurisdiction and wastewater-related responsibilities of the various governmental agencies that may exist. For example, if there is a designated planning agency that chooses to exercise wastewater management plan responsibility for its entire planning area, then no other agency has wastewater management plan responsibility for any part of that planning area.
During preparation of a WMP, every wastewater management planning agency must notify, seek comments from and offer to confer with all government units that have regulatory or planning jurisdiction over wastewater or land use in the wastewater management planning area, and all government units and public utilities that own, operate, or have contracts or Department permits for sewerage facilities identified in the WMP (other than facilities for their own buildings).
All wastewater management planning agencies must prepare and submit a WMP to the Department by the applicable deadlines. A WMP is valid only upon its adoption by the Governor or his designee as WQM plan amendment; therefore, a WMP must be submitted to the Department and the appropriate designated planning agency along with a written plan amendment request. Agencies required to be notified of the preparation of the WMP will generally endorse the WMP during the WQM plan amendment process.
In addition to preparing and submitting a WMP in accordance with the schedule, certain WQM plan amendments require the preparation of a WMP. With certain limited exceptions, a WMP is required if a WQM plan amendment includes any of the following:
- A new domestic treatment works (DTW) not identified in an existing WQM plan, that requires a NJPDES discharge permit and discharges to surface waters or the land surface, or that has a design capacity of 20,000 gallons per day (GPD) or more;
- An expansion of an existing DTW beyond the capacity identified in an existing WQM plan if the DTW requires a NJPDES discharge permit and discharges to surface water or land surface, or that has a design capacity of 20,000 gallons per day (GPD) or more;
- A modification of a sewer service area depicted in a WQM plan, if the modification affects 10 or more acres, or the disposition of 20,000 gallons per day or more of wastewater.
WMP responsibility and the schedule for submitting a WMP may be changed under an alternative assignment of WMP responsibility or an alternative schedule for WMP submission. For additional information on this procedure or the WMP process in general, please contact the New Jersey Department of Environmental Protection, Division of Watershed Management, PO Box 418, 401 E. State Street, Trenton, NJ 08625-0418.