The public comment period for two key regulatory proposals which will have far-reaching impacts on future development in New Jersey has been extended. The New Jersey Department of Environmental Protection has extended the public comment period on the proposed readoption of and amendments to the Water Quality Management Planning rules, N.J.A.C. 7:15. According to NJDEP, the amendments include reassignment of wastewater management planning responsibility to the County Boards of Chosen Freeholders; withdrawal and re-designation of wastewater service areas where the applicable wastewater management plan (WMP) is not in compliance with the mandatory update schedule contained in the rules; a requirement that municipalities pass an ordinance designed to assure septic system maintenance; and a requirement that updated WMPs address septic density in a manner that demonstrates compliance with a 2 mg/L (ppm) nitrate planning standard. The proposed amendments also establish standards for delineating sewer service areas to protect environmentally sensitive areas as well as standards for the review of WQM plan amendments. The latter include standards to address wastewater, water supply, nonpoint source pollution (including controls related to stormwater, riparian zones and steep slopes), and habitat of threatened and endangered species.
The comment period for this proposal was originally scheduled to close on July 20, 2007. The NJDEP has extended the comment period to Monday, August 20, 2007.
The NJDEP has also extended the public comment period for the proposed minimum remediation standards for ground water, surface water and soil pursuant to the Brownfield and Contaminated Site Remediation Act, N.J.S.A. 58:10B-12(a). Remediation standards for soil are proposed at new N.J.A.C. 7:26D-4, and the NJDEP proposes to recodify with amendments the existing remediation standards for surface water and ground water from the Technical Rules at N.J.A.C. 7:26E-1.13 to the proposed new Remediation Standards rules at N.J.A.C. 7:26D-2 and 3, respectively. The NJDEP intends to apply these standards to contaminated sites and the new remediation standards, in concert with the amended Technical Rules, will form the minimum standards by which all sites in New Jersey are to be remediated.
The 60-day comment period, which was scheduled to expire on July 6, 2007, is being extended until July 27, 2007.
If you would like further information on the proposed water quality or site remediation regulations, please feel free to contact Henry-Kent Smith, Esq. or Jane Kozinski, Esq., in our Princeton office or Philip J. Morin III, Esq. in our Newark office.
