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NJDEP Division of Watershed Management

NJDEP Division of Watershed Management . April 2003. DWM Goals. Comprehensive water resource management on a watershed basis to ensure clean and plentiful water

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NJDEP Division of Watershed Management

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  1. NJDEP Division of Watershed Management April 2003

  2. DWM Goals • Comprehensive water resource management on a watershed basis to ensure clean and plentiful water • protection and restoration of New Jersey’ water resources by preventing, abating and controlling water pollution to achieve the goal of “fishable and swimable” state-wide.

  3. Major Initiatives • Stormwater Management Rules • Category One Designations • Wildlife -based water quality criteria • Phase II Municipal Stormwater regulations • establish 159 Total Maximum Daily loads for fecal coliform by July 2003. • Statewide Water Supply Master Plan

  4. DIVISION OF WATERSHED MANAGEMENT 3/13/2014 LARRY BAIER DIRECTOR CATHY BOGART SECRETARY ADMINISTRATIVE SUPPORT • Contract Management • Budget • Procurement • Payments • Personnel Actions LIZ SEMPLE - MICHELE PUTNAM WATER RESOURCE POLICY • Big Map - Big Map Regulatory Response • State Water Supply Master Plan • SW Rules 7:8 - SW Implementation Plan • Statewide WQMP • Interagency Coord. DoA/DCA • Water Supply Advisory Council • Grant Priorities • BMP Manual • CREP • WQ Planning Rules 7:15 • Rule Writers Committee KERRY PFLUGH OUTREACH & EDUCATION • TMDL Comm. Plan • Reg. SW Comm. Plan • Clean Water Council • Americorps Coord. • WEB Page • Publications • Water Supply Advisory Council • Regional Comm. Plans • Training (internal/external) • Project WET • Urban Fishing – Crab Outreach • Volunteer monitoring • statewide fish advisory outreach SANDRA COHEN EVALUATION & MGT. BARBARA HIRST ENVIRON. ANALYSIS & RESTORATION DAVE ROSENBLATT SOUTHERN PLANNING BUREAU KEN KLIPSTEIN NORTHERN PLANNING BUREAU • Dev. Assessment Strategy • NJEMS • NEPPS • 305(b) WAT Coord. • Single Point of Entry Grant Apps. • Evaluative Monitoring • Enviro. Progress Reporting • Data Base Management • Computer Support • OPRA • Use Attainment Analysis • TMDLs: schedules; data review; technical approach; modeling; plan dev. (SOP); submit to EPA • EO109 Guidance-Riparian Corridor, etc. • NPS Analysis • Lake Restoration • DRBC Watershed Advisory Council • Septics; Base Flow Goals • Water Balance Models • T & E Conservation Plans • PAC Coordination • WMP Plan Review & Updates • Project Specific Amendments • TMDL Impl. (after EPA approval) • Reg. SW Mgt. Plan Review • Areawide WQMPs • Source Water Assessment • Reg. WS Planning & Budgets • Estuary Programs; CSO Abatement Coord. • Clean Shores & Coastal Monitoring • Interstate Environmental Commission • PAC Coordination • WMP Plan Review & Updates • Project Specific Amendments • TMDL Impl. (after EPA approval) • Reg. SW Mgt. Plan Review • Areawide WQMPs • Source Water Assessment • Reg. WS Planning & Budgets • Greenwood Lake • Lake Hopatcong • Passaic Drought Management

  5. Future Vision-Overhaul rules • recapture the regulation of septic systems • establish ecological based flow goals • restrict consumptive/depletive water uses • protect critical habitats and buffers • source water protection and TMDL • encourage water and wastewater infrastructure improvements

  6. How the Water Quality Management Planning Program was Created

  7. Clean Water Act of 1972 • 201 Wastewater Facilities Plans • Construction Grants Program • Billions available for construction of large regional Discharge to Surface Water Sewerage Treatment Plants • 303(e) Basin Plans • 208 Areawide Water Quality Management Plans

  8. New Jersey Statutes • New Jersey Water Pollution Control Act (N.J.S.A. 58:10A-1 et seq) • New Jersey Pollutant Discharge Elimination System (NJPDES) & Treatment Works Approval (TWA) • New Jersey Water Quality Planning Act (N.J.S.A. 58:11A-1 et seq) • 12 Areawide Water Quality Management (WQM) Plans • Areawide waste treatment management planning processes • Continuing Planning Process

  9. Relationship of WQM Planning Act to DEP Issued Permits • The Commissioner shall not grant any permit which is in conflict with an adopted areawide (Water Quality Management) plan

  10. Water Quality Management Planning Rules N.J.A.C. 7:15 • The Commissioner shall not undertake, nor shall he or she authorize through the issuance of a permit, any project or activity that conflicts with applicable sections of an adopted WQM plan or with the WQM Planning rules. (N.J.A.C. 7:15-3.1)

  11. So how do we ensure that the conditions of the Act and Rule are met? • Since DEP cannot issue a permit for a project or activity that is in conflict with the applicable areawide Water Quality Management (WQM) Plan or the WQM Planning rules, DEP conducts a Consistency Determination (CD) review before a permit is issued to determine if a project or activity conflicts with the areawide WQM Plan.

  12. What is a “CD Review”? • A CD Review is a comparison of the proposed project/permit application to the appropriate adopted areawide WQM Plan and the WQM rules to determine if the project is: • Consistent = project complies with adopted areawide WQM plan and rules • Not Addressed = adopted areawide WQM plan and rules do not preclude project (same effect as consistent); or • Inconsistent = project conflicts with adopted areawide WQM plan and/or rules

  13. What parts of the WQMP do you review as part of a CD review? • To make a consistency determination, compare the project proposal or permit application to population forecasts, wastewater flow projections, availability and appropriateness of treatment facilities, appropriate wastewater service area, and other factors identified in the areawide WQM Plan along with the WQM Planning rules. • See handout for types of activities deemed to be consistent, not addressed or inconsistent with the WQMP rules

  14. What do the CD results mean? • If project is determined to be consistent or “not addressed”, permit review proceeds. • If project is determined to be inconsistent with the adopted areawide WQMP, a permit cannot be issued.

  15. What do the CD results mean? • If a permit application is found to be inconsistent, the following options result: • The project must be modified to conform with the WQMP and the rules (becomes consistent). • The applicant may appeal the CD decision in accordance with the statues and rules that govern the permit that is the subject of the decision. • Apply for a modification to the areawide WQMP.

  16. Types of Plan Modifications • Plan Revisions (N.J.A.C. 7:15-3.5) • Corrections/clarifications • Transfers/Assignment of WMP responsibility • Substantive changes with no significant individual or cumulative impact on Environmentally Sensitive Areas (ESAs) • Plan Amendments (N.J.A.C. 7:15-3.4) • Site-specific • Wastewater Management Plans (WMPs) (N.J.A.C. 7:15-5.3-5.23) • As part of the review, certain environmental analyses and assessments are required

  17. Purpose of Conducting the Environmental Analyses and Assessments • To protect: • water quality • water quantity • ecosystem health

  18. Authority for Analyses • N.J.A.C. 7:15-5.18: On a case-by-case basis, the Department may require Wastewater Management Planning (WMP) agencies to examine specific wastewater management alternatives including critical economic, social, environmental or institutional factors pertaining to such alternatives.

  19. Authority for Analyses • Executive Order 109 (2000): Until N.J.A.C. 7:15 is repealed and replaced, DEP shall determine, consistent with its authority, what if any analyses must be conducted prior to DEP making a final decision on an application for a WMP or WMP amendment, including but not limited to, non-point source pollutant loading/hydrological modification, riparian buffer, threatened and endangered species, depletive and consumptive water use, point source pollutant loading analysis (such as antidegradation or nitrate dilution depending on the type of discharge from the project).

  20. WQM Plan Amendment Process Overview • Pre-Application Meeting • Discuss analyses and assessments required under EO 109 • Application • Review by DEP • Public Notice and Public Comment Period • Statements of Consent • Possible Public Hearing • Decision

  21. Plan Amendment Timeline • Once Amendment is adopted by the Department: • Re-review project for consistency (may be done through DEP permit review) • Update plans/maps and notify other planning agencies • Proceed with permit application

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