N.J. Admin. Code § 7:15-5.3

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

Section 7:15-5.3 - Total maximum daily loads

(a) Pursuant to the process set forth in (b) and (c) below, the Department shall develop total maximum daily loads (TMDLs) for water quality limited waters in accordance with:

1. The Federal requirements at 40 CFR 130.7(c) and (e), incorporated herein by reference, including all future amendments and supplements; and

2. The following USEPA guidance documents, incorporated herein by reference, including all future amendments and supplements, available at http://www.nj.gov/dep/wrm/:

i. USEPA. 2002. EPA Review of 2002 Section 303(d) Lists and Guidelines for Reviewing TMDLs under Existing Regulations issues in 1992. Office of Wetlands, Oceans and Watersheds Memorandum from: C.H. Sutfin, dated May 20, 2002;

ii. USEPA. 2002. Establishing Total Maximum Daily Load (TMDL) Wasteload Allocations (WLAs) for Storm Water Sources and NPDES Permit Requirements Based on Those WLAs. Office of Wetlands, Oceans and Watersheds Memorandum from: R.H. Wayland, III, dated November 22, 2002;

iii. USEPA. 2006. Establishing TMDL "Daily" Loads in Light of the Decision by the U.S. Court of Appeals for the D.C. Circuit in Friends of the Earth, Inc. v. EPA, et al., No.05-5015, (April 25, 2006) and Implications for NPDES Permits. Office of Water Memorandum from: B. H. Grumbles, dated November 15, 2006; and

iv. USEPA. 2014. Revisions to the November 22, 2002 Memorandum "Establishing Total Maximum Daily Load (TMDL) Wasteload Allocations (WLAs) for Storm Water Sources and NPDES Permit Requirements Based on Those WLAs." Office of Wastewater Management and Office of Wetlands, Oceans and Watersheds Memorandum from Andrew D. Sawyers and Benita Best-Wong, dated November 26, 2014.

(b) A TMDL document shall include the following components:

1. An identification of water(s), pollutant(s) of concern, pollutant sources and the priority for the subject TMDL as identified in the 303(d) List;

2. A description of applicable water quality standards and the water quality target(s) selected for the pollutant(s) of concern;

3. Identification of critical conditions considering seasonal variation;

4. The loading capacity of the segment with respect to the pollutant(s) of concern under the identified critical conditions and identification of the means used to relate actual and predicted water quality to pollutant loads;

5. Allocation of the loading capacity among the following:

i. Load allocations for nonpoint sources of pollutant load;

ii. Wasteload allocations for point sources of pollutant load;

iii. A margin of safety required to include the overall load reductions required to account for uncertainties in the data used in the analysis, the model or other tool use to link water quality and pollutant loads, or the effectiveness of controls available to reduce pollutant loads; and

iv. An optional reserve capacity to allow for future growth;

6. An implementation plan that shall include the strategies designed to achieve attainment of the Surface Water Quality Standards or other more stringent target, a proposed schedule for implementation, and the methods to measure the effectiveness of the strategies; and

7. A summary of the opportunities provided and outcomes of public participation in the development of the TMDL.

(c) In addition to the public participation opportunities identified at 7:15-5.4, the Department may provide opportunities for public participation in the TMDL development process, based upon anticipated interest, which may include the following:

1. The Department may hold one or more informational meetings, at any point during the development of a TMDL and solicit comments on the components of the TMDL; and

2. The Department may inform or consult with the public through web postings or electronic communication with groups or individuals that have an interest in the affected watershed, regarding components of the TMDL.

N.J. Admin. Code § 7:15-5.3

Amended by 48 N.J.R. 2244(a), effective 11/7/2016