N.J. Admin. Code § 7:14A-22.18

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:14A-22.18 - Procedures and effective date for the imposition of a sewer connection ban

(a) Within 20 days of the treatment works becoming subject to a ban pursuant to 7:14A-22.17, the owner/operator of the subject treatment works shall:

1. Adopt a resolution imposing the sewer connection ban;

2. Cease the further approval of sewer connections to the subject treatment works as of the effective date of the ban;

3. Notify the affected municipalities that they shall cease the issuance of building permits and condition all other approvals which will require or modify a sewer connection, and which has not already obtained a valid treatment works approval issued by the Department.

i. For projects that do not require a treatment works approval and/or sewer ban exemption pursuant to 7:14A-22.20, the municipality may issue building permits or other local approvals; and

4. Give notice of the sewer connection ban to the Department, to residents of the area that contributes to the subject treatment works, landowners therein, local planning boards, and other persons or legal entities affected by the ban, within 10 days of adoption of the ban imposition resolution, and at intervals of no more than six months in a manner reasonably expected to be received by such persons.

(b) Other than in (a)3i above, the affected sewerage authority and participating municipalities shall not issue sewer connection approvals or endorse sewer connection applications for specific projects in the affected area unless the following requirements have been met:

1. A sewer connection ban has been implemented in accordance with this subchapter;

2. Sewer connection ban exemption criteria equivalent to, or more stringent than, those contained in 7:14A-22.22 have been adopted; and

3. The sewer connection ban ordinance, or resolution, and the sewer ban exemption for the specific project has been approved by the Department.

(c) Treatment works applications filed with the Department prior to the effective date of the sewer connection ban will be considered for approval provided that at the time of the sewerage authority's certification on the Department's Form WQM003, the receiving treatment works was operating in compliance with all applicable conditions as stated in the WQM003 Form.

(d) When the participating municipalities and/or affected sewerage authorities have failed to comply with (a) and (b) above, the Department shall cease issuing treatment works approvals and may also direct the imposition of a sewer connection ban, issue administrative orders, assess civil administrative penalties, seek judicial relief, or take any other enforcement action it deems necessary.

(e) The effective date for any sewer connection ban required to be imposed by this subchapter shall be 20 days following the date upon which the first of either of the following occurs:

1. The due date of the Discharge Monitoring Report which would indicate non-compliance in accordance with 7:14A-22.17; or

2. The date of identification of a lack of adequate conveyance capacity as defined in 7:14A-1.2.

(f) The affected sewerage authority or municipality shall apply to the Department for a rescission or modification of a sewer connection ban implemented pursuant to this subchapter at such time as a ban is no longer required in accordance with 7:14A-22.17. No ban may be rescinded without written approval from the Department.

N.J. Admin. Code § 7:14A-22.18

Amended by R.1997 d.107, effective 5/5/1997.
See: 28 New Jersey Register 380(a), 28 New Jersey Register 2779(a), 28 New Jersey Register 3494(a), 28 New Jersey Register 3858(a), 28 New Jersey Register 4697(a), 28 New Jersey Register 5028(a), 29 New Jersey Register 1704(a).
In (e)2, amended N.J.A.C. reference.