NJPDES Program Rules Proposed for Readoption with Amendments

May 16, 2008
by BRUCE KATCHER
Client Alert Newsletter May 2008

In a May 17 New Jersey Registerrulemaking proposal, the New Jersey Department of Environmental Protection is proposing to readopt its regulations applicable to the New Jersey Pollutant Discharge Elimination System ("NJPDES") permit program with extensive amendments. As part of the rulemaking package, NJDEP is proposing the following:

  • A new rule that provides for new regulations governing the beneficial reuse of reclaimed water ("RWBR") to ensure that RWBR is managed in an environmentally sound manner.
  • Revisions to the methodology for determining the environmental impact used to calculate annual permit fees for discharges to groundwater.
  • New requirements and prohibitions applicable to the management and use of residuals.
  • Repeal of the subchapter dealing with standards for whole effluent toxicity ("WET") and phosphorous and inserting provisions applicable to the WET and phosphorous standards in other provisions of the regulations.
  • Reorganizing the ninety-day construction rules applicable to treatment works approvals.

Other changes are proposed throughout the NJPDES regulations. The comment period for the proposal ends on May 16, 2008.