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Department of Environmental Protection News

 

 

DEP Air Compliance & Enforcement Workshop on October 21, 2009
"Electronic Submittal of the Following Reports: Six-month Deviation, Annual Compliance Certification, Annual Combustion Adjustment, CEM/COM EEMPR and General Permit Applications"

Wednesday, October 21, 2009

Register for the Workshop http://www.nj.gov/dep/enforcement/eempr/regform.htm 

 

NJDEP has issued a guidance document regarding TCHs.
click here for the document  pdf

To view the list of grant recipients, go to: http://www.nj.gov/dep/dshw/recycling/stats.htm  


Deadline extended for submission of data for the state integrated Water Quality Monitoring Report 
 (posted 5/6/09)

The New Jersey Department of Environmental Protection (Department) published a public notice in the November 17, 2008 New Jersey Register soliciting water quality data to use in the development of the 2010 List of Water Quality Limited Waters (303(d) List) as part of the 2010 Integrated Water Quality Monitoring and Assessment Report (Integrated Report). We have extended the deadline to May 17, 2009. 

New Report on Impaired Waters available (posted 9/2/08)
The New Jersey Department of Environmental Protection has completed the draft 2008 Integrated Report, which includes the draft 2008 303(d) List.  The proposed Integrated List including the 303(d) List was noticed in the New Jersey Register on August 18, 2008 (see 40 NJR 4835). These documents as well as instructions for submitting comments are available on our website at
www.state.nj.us/dep/wms.  

The Department is holding an information session on the 2008 Integrated Report.  A brief overview of the 2008 Integrated Report process including data solicitation, assessment methods and results will be provided.  In addition, staff will provide a brief overview of the new data management system for both DEP and outside ambient water quality data. 

This session will be held at the Public Hearing Room at the NJDEP Headquarters, 401 East State Street, 1st Floor, Trenton, New Jersey 08625, starting at 1:30 PM on September 11, 2008. 

NJDEP Adopts New Category One Waters (posted 6/5/08)
NJDEP has designated 686 additional miles of waterbodies (out of 910 miles originally proposed) in 14 counties as Category One (“C-1”) Waters. C-1 Waters are protected from measurable changes in water quality, and by 300’ water quality buffers (discussed below). A Notice of Adoption was signed on May 21, 2008, and will become effective on June 16, 2008.

The newly adopted designations were proposed in May 2007. They include all or portions of the Walkill River (Sussex County), the Wanaque Reservoir Tributary System (Passaic County), the Ramapo River (Bergen County), the Pequannock River and Tributaries (Sussex and Morris Counties), Pequest River Tributaries (Sussex and Warren Counties), Lubbers Run (Sussex County), Musconetcong River (Warren, Morris and Hunterdon Counties), Rockaway River/Split Rock Reservoir (Morris County), Lamington River (Hunterdon and Somerset Counties), Stony Brook (Mercer County), Swimming River Reservoir Tributaries (Monmouth County), Toms River/Dove Mill Branch/Wranglebrook (Ocean County), Pompeston Creek (Burlington County), Oldmans Creek (Gloucester and Salem Counties), Salem River (Salem County) and Maurice River (Salem and Cumberland Counties).

Waterbodies that were proposed for designation but were not adopted include sections of the Stony Brook (Mercer County), the Walkill River (Sussex County) and Black Creek (Sussex County).

C-1 designation has significant land use implications. C-1 Waters are subject to “Special Water Resource Protection Areas” (“SWRPAs”) which extend 300’ outward on either side of a stream as measured from top of bank. Activities within these areas are authorized only by way of hardship waivers, regardless of location. They are generally limited to redevelopment within previously disturbed areas and/or to activities that are deemed to be unavoidable. The May 21 adoption adds approximately 50,000 acres to the Statewide SWRPA inventory.

The SWRPA provisions are implemented through the Stormwater Rules, through DEP’s various Land Use permitting programs, through the Residential Site Improvement Standards and through local stormwater ordinances. They apply to any development that results in the disturbance of one acre or more of land and/or the creation of one-quarter acre or more of new impervious cover.

The Notice of Adoption will be published in the New Jersey Register on June 16, 2008, on which date the new designations will become effective. DEP has posted a courtesy copy of the Notice on its website (<http://www.nj.gov/dep/rules/adoptions.html>) together with a map of all newly designated C-1 Waters (<http://www.state.nj.us/dep/wms/bwqsa/2008C1upgrade.html>).

 

Treatment Works Approval Program (posted 3/31/08)
Notice from Stanley V. Cach, Assistant Director, Municipal Finance and Construction Element, DEP phone (609) 292-8961 e-mail
Stanley.Cach@dep.state.nj.us .

 

The NJDEP is responsible for administering the Treatment Works Approval (TWA) program which establishes and implements minimum standards for the approval of the design, construction and operation of treatment works to ensure that wastes are properly collected, conveyed and treated before discharge to the waters of the State. A TWA is a permit, which authorizes the construction and/or operation of a wastewater treatment, storage and/or conveyance facility.

 

These facilities include, but are not limited to, municipal or privately owned sewage treatment plants, sewer extensions, pumping stations, force mains, holding tanks and equalization tanks.

 

Fees are assessed to cover the Departments costs to review applications, issue permits, and manage the TWA program. The Department, through the issuance of a TWA Fee Report, can adjust the fee structure necessary to recover costs to administer the TWA Program pursuant to N.J.A.C. 7:1C-1.5.

 

TWA fees are calculated based on project construction cost and a "P" coefficient. We are updating the "P" coefficient using the estimated program budget in conjunction with actual data concerning the categories and number of projects submitted in the previous fiscal year. Currently the "P" coefficient is 0.0040, which has remained unchanged since July 1, 2005. We are updating the "P" coefficient to 0.0044, which would result in an approximate increase of 7.4 percent over the current fee structure. Please note that the minimum fees for smaller projects will remain the same.

 

In accordance with the program rules, the Department is not required to hold a public hearing if the projected fee increase is less than or equal to 10% and needs only public notice the revised "P" coefficient with a synopsis of the TWA Fee report.

 

The implementation of the new fee schedule will be effective July 1, 2008. This notice will be published in the New Jersey Register and DEP Bulletin publications in May, 2008.

 

You may review the TWA Fee Report at http://www.nj.gov/dep/dwq/twa_app_fees.htm .

 

If you have any questions, please feel free to contact Gautam Patel, Chief of the Bureau of Financing and Constriction Permits at (609) 984-6480 or by e-mail at Gautam.Patel@dep.state.nj.us

 

Launch of New Jersey Water Blog!
(posted 4/10/07)

DEP announces the launch of New Jersey Water Blog, a place where people interested and involved with water can exchange ideas, questions, knowledge, and concerns with each other. New Jersey has a wealth of water expertise, water-related organizations, and, of course, water resources.  Currently, there is no way for people to communicate with each other outside of very specific meetings.  Yet, there is a tremendous need for people across the range of water resource topics and various agencies and organizations to be able to communicate with each other. We hope that NJ Water Blog will become a place where active dialogue about NJ water issues will happen.

Share your thoughts and expertise! Visit NJ Water Blog at
http://njwrri.blogspot.com.

 

Perfluorooctanoic Acid (PFOA) in Drinking Water (posted 2/22/07)
On February 13, 2007, Department of Environmental Protection Commissioner Lisa P. Jackson released the results of a study that evaluated the occurrence of a widely used industrial chemical known as perfluorooctanoic acid (PFOA) in drinking-water systems throughout the state.

 

"The study found very low levels in wells throughout New Jersey - consistent with levels found in other areas of the country," said Commissioner Jackson. "We are early in the process of assessing PFOA and what it means to human health. However, it is important to involve water companies now, rather than later."

The DEP tested 23 drinking-water systems and PFOA was detected at very low levels in 78 percent of those tested. The report (pdf) also includes drinking-water system results submitted from outside sources including environmental groups and water companies.

 

DEP also has taken the first step toward developing a preliminary drinking-water guidance value (pdf) for PFOA. Based on existing animal studies and estimates derived from a lifetime of exposure (70 years), DEP identified a guidance level of .04 parts per billion (ppb). Average blood levels in the United States are approximately 5 ppb.

 

The new guidance level is the first phase of an ongoing process to establish a drinking-water standard for this contaminant. As the science regarding PFOA is developing rapidly, DEP will continue to conduct sampling and evaluate data from all sources as it becomes available. DEP is not recommending a change in consumption patterns based on the new information.

PFOA is used to make fluropolymers-substances with special properties used in many industrial applications, including the manufacture of consumer products such as non-stick cookware and all-weather clothing.

 

Additional information on PFOA can be found at http://www.epa.gov/opptintr/pfoa/index.htm.

Additional Documents :

 

DEP Releases Results of Drinking-Water Study (Posted 2/20/07)
PFOA is used to make fluropolymers-substances with special properties used in many industrial applications, including the manufacture of consumer products such as non-stick cookware and all-weather clothing. To view DEP's occurrence study and the report establishing a guidance level,
visit:
http://www.nj.gov/dep/watersupply/pfoa.htm 
 

DEP Issues Statewide Water Quality Report (posted 2/20/07)
2006 Integrated Water Quality Monitoring and Assessment Department of Environmental Protection Commissioner Lisa P. Jackson today released a comprehensive report describing the health of New Jersey's waters. To view the full 2006 Integrated Water Quality Monitoring and Assessment Report, visit DEP's web site at: http://www.state.nj.us/dep/wms/bwqsa/generalinfo.html

Commissioner Jackson's Action Plan (Posted 2/16/07) Click here for the plan pdf
This Plan was written to highlight key policies and actions that are of particular focus for this administration, with the assumption that critical core functions such as natural resource protection, permitting, compliance and enforcement and standard setting will continue.

I will use the upcoming round of constituent outreach meetings as an opportunity to give you a broad overview of this document and discuss how we will implement the various goals and objectives outlined within it.


Due to the nature of our work and the issues we deal with every day, we will revisit these policies and objectives on an ongoing basis as we move forward with more detailed program implementation.  I
will keep you apprised of our progress and any changes through our regular meetings and via e-mail.


Thank you for your interest in our work and I look forward to discussing our Action Plan with you in the coming weeks.

 

NJDEP Issues New Record Keeping Requirements and Rule for Emergency

Generators (Posted 2/8/07)

Any facility which operates an emergency generator with a rated capacity larger then 37 kilowatts

(Kw) is affected by these changes even if no air pollution permit is required. As an example, a 37

Kw generator is equivalent to 50 horsepower and is typically used as emergency back up power at

small businesses.
 

Everyone with a current General Permit for an emergency

generator must follow the instruction included in the letter found at

(http://www.state.nj.us/dep/enforcement/advisories/final_er_gen_letter.pdf).

 

New Positions at NJDEP (posted 2/2/07)

On January 30th, Commissioner Jackson announced several personnel changes within the Department that represent the first of several minor personnel changes she will be making as the department moves forward with finalizing and implementing an Action Plan.

 

Commissioner Jackson announced that Lt. Colonel Frank Rodgers has agreed to join the Department as Director of the State Park Police.  Frank is currently the second highest-ranking officer with the New Jersey State Police where he has been for the past 25 years.  He was the youngest Trooper in the history of the NJ State Police, joining its ranks at the age of 18.

 

Lt. Colonel Rodgers has an outstanding resume in law enforcement and has extensive managerial and organizational expertise.  These qualities will

serve the Department well as we address the challenges of ensuring public safety for the 15 million annual visitors to our parks, forests, and historic sites, while enhancing their experience and protecting our outstanding natural resources.  Frank will report directly to Deputy Commissioner Watson.

 

Furthering the department’s efforts to facilitate coordination among the various programs at DEP and with other agencies throughout the State, the Commissioner announced that Ross MacDonald officially joined the Department recently to work on economic revitalization issues.  Ross will be working with Deputy Commissioner Adam Zellner to communicate Department policies and programs to the private sector as well as to sister agencies.  As importantly, Ross will be the Department's representative to the Governor's Action Council on the Economy (ACE).

 

Ross will be critical to continuing the department’s efforts to merge many

disparate regulatory requirements into a coherent program that fosters and encourages redevelopment while safeguarding vital natural resources, open space and air and water quality.

 

Ross comes to the Department after stints in the business, manufacturing and land use communities.  Most recently, he served on the staff of the Highlands Council as their Economic Development Director, where he was responsible for creating the financial component for the Highlands Regional Master Plan. He also managed communications and outreach programs.

 

Prior to his work at the Council, Ross held several positions in the private sector and has experience in site development issues, international financing and sales.  His diverse experience will add a unique perspective to the implementation of our policies and priorities.

  

Commissioner Jackson announced the creation of a new Office of Planning within the Policy Planning and Science Program.  The mission of the new office is to coordinate the sustainable growth and capacity-based planning policies of the Department and proactively work with sister state agencies, regional entities and local jurisdictions to incorporate these policies into all levels of planning.  

 

This new office will foster transparent and predictable decision-making by ensuring that Department planning and rulemaking efforts apply consistent criteria for the protection of natural resources and development of sustainable growth principles.  The initial priorities for the Office of Planning will be to proactively work with regional entities and local governments to incorporate capacity based and sustainable growth planning into water quality management planning, cross acceptance and plan endorsement via the State Planning Commission and development of the Highlands Regional Master Plan.  The Office will also work to incorporate these concepts into the Governor's economic growth strategy. Finally, they will continue to work on the development of a framework to target development and redevelopment projects for

Department-wide prioritization and coordinated reviews.

 

The Commissioner named Elizabeth Semple as Manager of this Office.  Liz has been with the Department for 18 years and was instrumental in development and adoption of the Stormwater Management rules, enhanced protections for Category One waters, and enactment of the Highlands legislation.

 

Within the Division of Land Use Regulation (DLUR), Kevin Broderick has graciously agreed to accept a new position as Manager of the Tidelands Management Program.  In this capacity, Kevin will oversee all activities of that program while continuing to interact with the regulatory sections of DLUR.

 

Kevin has been with the Department for 27 years, most recently serving as the manager of the Bureau of Coastal Regulation. Kevin's leadership and diligence in that capacity was instrumental in moving the Coastal Bureau forward in terms of coastal resource protection

 

A decision regarding who will assume the role of acting Coastal Bureau manager will follow soon.

 

 

Outline of New Jersey Wildlife Action Plan (Posted 8/10/06)

http://www.state.nj.us/dep/fgw/ensp/wap/wap_outline.htm

(formerly referred to as the Comprehensive Wildlife Conservation Strategy for Wildlife of Greatest Conservation Need)


NJDEP is posting this plan to gather public input while the Department and Division continue to refine this important document.


The outline below contains links to documents available on this Web site pertaining to the New Jersey Wildlife Action Plan. Clicking on a link will open a PDF document containing information about that specific area. Members may view the plan for their service district.


The documents can also be found using the Wildlife Action Plan Map.

Complete Draft New Jersey Wildlife Action Plan (pdf, 24mb)


The current version is scheduled to be available to the public online by August 31, 2006. NJ's citizens are encouraged to review the Plan and provide the DFW with comments and recommendations beginning September 1, 2006, for revisions and improvements to the Plan

I. Overview (pdf, 650kb)

 

DEP Wins Legal Challenge to Stormwater Regulations (Posted 4/17/06)

(06/26) TRENTON – Department of Environmental Protection Commissioner Lisa P. Jackson today applauded a New Jersey appeals court ruling that upheld the DEP’s authority to adopt comprehensive stormwater rules requiring 300-foot buffers to protect high-quality waters from the dangers of development.

“The court ruling represents a tremendous victory for New Jersey in our ongoing fight to protect the quality and quantity of our water resources. Clean, safe and abundant drinking water supplies are something we cannot afford to take for granted,” Commissioner Jackson said. “New Jersey’s stormwater rules are considered the nation’s most protective largely because they require 300-foot vegetated buffers along Category One waterways to help filter pollutants and safeguard the quality of these waters.”


In the 24-page decision released today by the Appellate Division of New Jersey Superior Court, the three-judge panel rejected the New Jersey Builders Association’s argument the DEP lacked the statutory authority to promulgate the stormwater rules, and also noted that the association “mischaracterized these buffers as ‘no build zones.’”


"This ruling by the Appellate Division affirms DEP's broad authority to protect water quality in New Jersey, as well as the need to preserve the remaining pristine waters throughout the state for future generations," said Attorney General Zulima V. Farber. "The court recognized the close correlation between water quality and the way that land is used along the banks of our sensitive waterways."

The DEP has applied Category One status, the state’s highest level of water protection, to 10,219 acres of reservoirs and 3,855 river miles.
 

“It’s particularly gratifying that the court has acknowledged that without these tough stormwater regulations, developers and industry would continue building right on top of sensitive streams and reservoirs that provide drinking water to millions of our residents,” Commissioner Jackson said.

The DEP adopted the new stormwater management rules in February 2004 – the first major update of the regulations in 20 years. Soon after the regulations were adopted, the New Jersey Builders Association took legal action.


“Protecting the quality and quantity of our water supplies not only is essential to our environment and our quality of life, but also is critical to the stability of our economy,” Commissioner Jackson said.

 

 

 

 

 

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