The Senate Legislative Oversight Committee met on June 4 to consider the implementation of NJDEP’s Water Quality Management Planning Rules (WQMP).  The rules were adopted on May 21, 2008.  NJBA was invited to testify on the impact of the rules on the development community.  NJBA advocated for a two-year extension for submission of Wastewater Management Plans (WMP); the creation of a broad-based oversight board; an appeal process to resolve disputes and correct errors before a WMP is adopted by NJDEP; and public notice to property owners whose property is proposed for removal from sewer service areas. (Read full testimony here)

Link to the recording of the proceeding is available at: http://www.njleg.state.nj.us/media/archive_audio2.asp?KEY=SLO&SESSION=2008

As part of the sewer planning process, NJDEP has given all Counties draft mapping of where DEP thinks sewer service area (SSA) boundaries should be, regardless of the County's acceptance of wastewater management planning responsibility.  NJBA has learned that DEP has “clipped” (or taken out) properties from proposed SSAs in the maps provided to the Counties.  We also have received conflicting information as to whether properties with valid sewer extension permits are also being clipped from the SSAs.

NJBA members with property interests or options are strongly encouraged to contact the respective County Planning Departments to view these maps and review the status of their properties in terms of being within the proposed sewer service area designations.  Any discrepancies should be immediately alerted to the Counties so that they can be reconciled with NJDEP.  This is particularly important because DEP has indicated that it would not contact land owners if there has been a change in sewer service area plans.

Note that the proposed SSA maps vary in accessibility and format.  For example, the Mercer County (SSA) map is available at the County Planning Division website and can be viewed as a PDF through its interactive GIS Data Viewer. 

For your information, download a DEP provided spreadsheet indicating each of the County’s status in developing wastewater management plans, including those who have declined WMP responsibility. 

If you have any questions, feel free to contact:

Elizabeth George-Cheniara, Esq., Director of Environmental Affairs
609-587-5577 ext. 209

DEP Adopts Freshwater Wetlands Rules

The Freshwater Wetlands rules were adopted on October 6, 2008. The Department did not move forward with a number of provisions proposed in 2007, but have issued additional rule proposals, including on mitigation requirements.

DEP’s rule proposal webpage

Read Dimensions issue on newly adopted HPO rules

Read NJBA Comments on New Jersey Register of Historic Places rules (May 16, 2008 letter):

Read NJBA Comments on Proposed New Jersey Pollutant Discharge Elimination System rules (May 13, 2008 letter):

Public Notice Requirement for the Remediation of Contaminated Sites
The Brownfield Act was amended in 2006 to require public notice for remediation of contaminated sites.  DEP has proposed rules for the required public notice.  The comment period closes October 5, 2007.  The proposal goes well beyond the requirements of the Act.  For example, the person responsible for the remediation would have to identify non-English speaking people who utilize the surrounding area and provide the notice in the non-English languages.  There is no official way to make such determinations. Mistakes have costly penalties.

Read comment letter of September 19, 2007

Link to DEP’s rule proposal webpage:

NJBA has filed comments on DEP's proposed Site Remediation Standards governing the voluntary cleanup of brownfields pursuant to the Brownfield Remediation Act.

DEP's Legislative stakeholder process
DEP held stakeholder sessions to discuss possible changes to the site remediation program. Draft "white papers" were issued based on the discussions. NJBA participated as a stakeholder in the process and submitted comments on the "white papers".

Link to legislative stakeholder process and "white papers":

Link to NJBA's comments on White Papers:

C-1 Rules:

Read NJBA's Membergram on C-1 Proposal:

NJBA encourages DEP to further refine its proposed framework for Surface Water Quality Standards (C-1) criteria. Read NJBA's comment letter.

NJBA also discusses how the proposed C-1 criteria will affect redevelopment in New Jersey.

WQMP and GWQS Rule Proposals:

NJBA recommends that DEP withdraw the Water Quality Management Plan Rule Proposal and undertake rulemaking that will implement the State's "master plan" - the State Development and Redevelopment plan. Read NJBA's comment letter.

NJBA Comments on Ground Water Quality Standards rule proposal

The DEP issued the Ground Water Quality Standards (GWQS) rule proposal as a companion to the Water Quality Management Planning (WQMP) rules proposal.  The GWQS relies extensively upon the WQMP proposal for its proposed amendments and new provisions.  NJBA emphasized that the existing anti-degradation policies and contemporary technology sufficiently protect ground water quality and designated uses. Read NJBA’s comment letter.

On June 20, 2007, NJBA filed a letter with New Jersey’s Office of Economic Growth, providing a preliminary assessment of how the current DEP rule proposals (C-1 waters, Site Remediation Standards and WQMP) present major obstacles to both development and redevelopment of workforce housing.  NJBA highlighted the existing atmosphere of regulatory uncertainty in New Jersey, due in particular to DEP’s lack of recognition of prior public sector planning decisions.

In its WQMP proposal, DEP states that “The rule proposal channels growth and infrastructure into areas where it is appropriate.”  However, DEP has yet to specify where such “appropriate” areas are.  NJBA urged that “It is incumbent upon the State of New Jersey to require DEP to map the appropriate areas and provide incentives for their redevelopment and development.”

Read NJBA's letter:  

NJBA addresses issues relating to the proposal's general application to coastal development.

NJBA recommends that DEP defer adoption of provisions affecting the Meadowlands District until the NJMC meets its affordable housing obligations.

NJBA has recommended that DEP abandon its proposed “beach access” rules, which would require developments adjacent to tidal waterways to provide “on-site, permanent, unobstructed public access to the waterway and its shores at all times, including both visual and physical access.”  The access burden is imposed on any development – construction, reconstruction or expansion – of any size – including single-family units – in perpetuity.  NJBA advised the agency that its proposal is “so fundamentally flawed that DEP must withdraw the proposed regulations in their entirety.”

NJBA encouraged DEP to deny a contrived attempt to stop workforce housing in the region drained by the Toms River and its tributaries.  The Association filed extensive comments documenting how the Rutgers Environmental Law Clinic, on behalf of a number of anti-growth groups, failed to justify its petition to have an additional 158 stream miles classified as C-1 waters, which would severely restrict housing opportunities in areas drained by them.  NJBA demonstrated that DEP’s numerous regulatory programs already more than adequately protect the river and its tributaries.

NJBA has recommended that the Department of Environmental Protection (DEP) withdraw its proposal to use the Flood Hazard Area Control Act to further curtail housing and employment opportunities throughout New Jersey.  View a copy of the NJBA comments to DEP.

View a copy of the NJBA's testimony to the New Jersey Clean Water Council at its 2007 public hearing on water infrastructure needs in New Jersey.

View a copy of the 2006 NJBA letter to the New Jersey Clean Water Council on revisions to the regulations implementing the Water Quality Planning Act.

Registration under the Planned Real Estate Development Full Disclosure Act (PREDFDA) for sites undergoing remediation under the supervision of the New Jersey Department of Environmental Protection (DEP) would be accomplished as detailed below.

The procedures detailed below relate only to the scenario under which units in a development subject to PREDFDA registration are being conveyed prior to the time when a remediation program is completed (as evidenced by a No Further Action determination (NFA)). The concern raised by the DCA’s PREDFDA program was the potential liability of new unit owners for completing any necessary remedial work if the developer/sponsor fails to do so.