On May 21, 2007, the New Jersey Department of Environmental Protection (“NJDEP”) published proposed amendments to its Water Quality Management Planning (“WQMP”) rules, N.J.A.C. 7:15 et. seq.  The NJDEP administers the WQMP rules as part of the “continuing planning process” required by the Federal Clean Water Act and the New Jersey Water Quality Planning Act.  The WQMP rules serve two basic functions.  First, the WQMP rules establish the Department’s general regulatory framework for water quality/water resource planning.  Second, the WQMP rules supplement other NJDEP rules pertaining to wastewater management.  The proposed amendments to the WQMP rules are extensive in nature and would significantly modify the existing regulatory scheme.  Critical amendments include: (1) withdrawal and re-designation of general wastewater service area where the applicable wastewater management plan (WMP) is not in compliance with the mandatory update schedule contained in the rules; (2) reassignment of wastewater management planning responsibility to the County Boards of Chosen Freeholders; (3) increased consistency requirements with WQM plans; (4) new criteria to delineate sewer service areas; (5) a requirement that municipalities pass an ordinance designed to assure septic maintenance; and (6) a requirement that updated WMPs address septic density in a manner that demonstrates compliance with a 2 mg/L (ppm) nitrate planning target. Read the rest of this entry »