N.J. Admin. Code § 7:45-12.6

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

Section 7:45-12.6 - Waiver of stormwater runoff and water quality impact standards

(a) Projects otherwise subject to review by the Commission for stormwater runoff and water quality impact may be waived from strict adherence to such standards if the applicant establishes to the satisfaction of the Commission that:

1. The project will not adversely affect, either directly or indirectly, the quality of surface waters of the Park under either wet or dry weather conditions; and

2. The groundwater effects produced by the project are unlikely to measurably harm the quality of the surface waters or groundwaters of the Park.

(b) An application for a waiver to install a new outfall or discharge stormwater into waters or conduits that flow into the Canal shall include documentation to show that the prohibition of such discharge will result in an extreme economic hardship or that the project will serve a compelling public need as described at 7:45-12.3.

(c) The proposed new discharge as described at (b) above is to be treated to meet the water quality standard of 95 percent TSS removal.

(d) If the Commission finds, based on the applicant's submissions, that the proposed new discharge as described at (b) above cannot be treated to meet the water quality at (c) above because the requirement will result in an extreme economic hardship or that the project will serve a compelling public need, such that a lower treatment standard is appropriate, the applicant shall:

1. Present to the Commission a proposal to treat untreated stormwater in the Canal's drainage basin to achieve an equivalent reduction in TSS loadings for a volume of stormwater equal to double the volume of stormwater generated by the proposed project (cubic feet based on the water quality storm) or treatment for double the rate of flow (cubic feet per second based on the water quality storm), whichever provides greater mitigation; or

2. Include in its project a cash donation to a mitigation bank administered by the New Jersey Water Supply Authority to be used for water quality improvement projects for the Canal with the equivalent mitigation benefits.

N.J. Admin. Code § 7:45-12.6