N.J. Admin. Code § 7:15-8.1

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

Section 7:15-8.1 - Withdrawal of wastewater service area designations

(a) Except as provided in (b) and (d) below, wastewater service area designations shall be withdrawn in areas which fail to adopt and maintain a wastewater management plan in accordance with the requirements of 7:15-5.2(b), 5.13 and 5.23. Withdrawal of wastewater service area designations under this subsection shall not impact areas where sewers are physically installed and wastewater generating structures are lawfully connected to the collection and treatment system at the time of withdrawal.

(b) Wastewater service area designations for the following are not withdrawn under (a) above:

1. Projects involving the lateral connection of an infill area to an existing public sewer line, where sanitary or combined sewer infrastructure lawfully exists in the right-of-way adjoining the lot or lots such that a connection can be made without crossing any property lines other than that of the lot to be served and where such connection does not require the extension of a collection system. The sewer line, lots, and improvements on the lots must exist on the date that wastewater service area was withdrawn;

2. Except as provided in (d) below, projects that have received, prior to the effective date of the wastewater service area withdrawal, both a local preliminary or final site plan approval or subdivision approval where subsequent site plan approval is not required under the Municipal Land Use Law, 40:55D-1 et seq., (MLUL) or a municipal construction permit; and a Department TWA or NJPDES permit, if one is required, until such time as one of those qualifying approvals expires;

3. Projects that have received a site specific WQM plan amendment or revision adopted prior to the date of wastewater service area withdrawal remain valid for a period of six years from the date of adoption of the amendment or revision; and

4. Projects that require an industrial treatment works that does not handle process wastewater or sanitary sewage.

(c) Areas for which wastewater service area designations are withdrawn under this section are re-designated as ground water general wastewater service area designation for planning flows of 2,000 gallons per day or less. The following wastewater facilities with discharges to ground water are deemed to be consistent with this new designation:

1. Wastewater facilities serving non-residential development that discharge to ground water with a daily maximum planning flow of 2,000 gallons per day or less when calculated in accordance with the expected volume of sanitary sewage criteria at the Standards for Individual Subsurface Sewage Disposal Systems, 7:9A-7.4; or

2. Individual or other subsurface sewage disposal systems serving residential development or subdivisions resulting in a total of fewer than six dwelling units.

i. For the purpose of determining the total number of dwelling units, previous development shall be taken into account. Previous development includes development constructed after the effective date of the wastewater service area withdrawal. Previous development to be taken into account in determining if the development qualifies includes:

(1) The construction of any residential development on contiguous parcels of property, regardless of present ownership, where there is a proposed sharing of infrastructure constructed to serve those parcels including, but not limited to, roads, utility lines, drainage systems, open spaces or septic drainage fields;

(2) The construction of any residential development on contiguous parcels of property which were under common ownership on or after the effective date of the wastewater service area withdrawal, regardless of present ownership, or on parcels created by subdivision or resubdivision of land which occurred after the effective date of the wastewater service area withdrawal;

(3) The construction of any residential development on contiguous parcels of property after the effective date of the wastewater service area withdrawal where there is some shared pecuniary, possessory or other substantial common interest by one or more individuals in the units; and

(4) The addition of one or more dwelling units where such addition, when combined with the dwelling units constructed prior to the effective date of the wastewater service area withdrawal, results in a total of six or more dwelling units;

3. Wastewater facilities with a discharge to ground water including individual and other subsurface sewage disposal systems, associated with a development for which one of the following applies:

i. Projects that have a valid approval issued by the Department, as of the effective date of the wastewater service area withdrawal, for construction of 50 or more realty improvements issued pursuant to the Realty Improvement Sewerage and Facilities Act, 58:11-23 et seq.;

ii. Except as provided in (d) below, projects that have received, prior to the effective date of the wastewater service area withdrawal, both a local preliminary or final site plan approval or subdivision approval where subsequent site plan approval is not required under the Municipal Land Use Law, 40:55D-1 et seq. or a municipal construction permit and a permit to construct or alter issued by the administrative authority under 7:9A-3.5 until such time as one of those qualifying approvals expires; and

4. Repair or minor expansions of existing wastewater facilities with a discharge to ground water provided the total wastewater generated is 2,000 gallons per day or less.

(d) For a public school, in lieu of the MLUL approvals in (b)2 or (c)3ii above, a facility that provides evidence of compliance with statutory provisions of the Municipal Land Use Law at 40:55D-1 et seq. in the form of a planning board response dated prior to the effective date of the wastewater service area withdrawal or expiration of the 45-day courtesy comment period that municipal planning boards are allotted to provide recommendations to the school board and Department of Education prior to the effective date of the wastewater service area withdrawal.

N.J. Admin. Code § 7:15-8.1